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Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court.
Case Name: Peterson v.
Citation: 2007 WY 90
Docket Number: 06-209
Appeal from the
Representing Appellant (Petitioner): Mike Cornia,
Representing Appellee (Respondent): Patrick J. Crank, Attorney General; Robin Sessions Cooley, Deputy Assistant Attorney General;
Issue: Whether the hearing examiner acted arbitrarily and capriciously in considering the breath test results.
Facts/Discussion: After being arrested for driving under the influence, the Wyoming DOT notified Peterson that his driver’s license would be suspended. Peterson requested and received a contested case hearing before the OAH who upheld the suspension. The district court also upheld the suspension.
Standard of Review: The Court reviewed the case as if it came directly from the administrative agency. Where both parties present evidence, the Court reviews the entire record to determine if the agency findings are supported by substantial evidence.
Peterson contended that because he was not strictly observed for fifteen minutes prior to having his breath analyzed for alcohol content, the hearing examiner should have excluded the breathalyzer test conducted at the police station.
The Court declined to adopt a strict compliance policy with the rules governing the administration of alcohol tests. Compliance is a question of fact to be decided under the circumstances of each case. The State’s prima facie showing of compliance with the regulation was sufficient.
Holding: The Court concluded that substantial evidence supported the hearing officer’s conclusion that the five minutes in question were allowable to prepare the machine and that the proposed suspension should be upheld.
J. Hill delivered the decision.
Link: http://tinyurl.com/3yghaj .