Summary 2008 WY 91

Summary of Decision issued August 1, 2008

Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court.

Case Name: In re Hittner

Citation: 2008 WY 91

Docket Number: S-07-0262

Appeal from the District Court of Laramie County, the Honorable Nicholas G. Kalokathis, Judge.

Representing Appellant: Frank R. Chapman and Tamara K. Schroeder of Chapman Valdez, Casper, Wyoming.

Representing Appellee: Bruce A. Salzburg, Attorney General; and Robin Sessions Cooley; Deputy Attorney General.

Facts/Discussion: Hittner sought review of an order of the district court which affirmed orders of the Office of Administrative Hearings upholding the “implied consent” suspension of Hittner’s driver’s license and upholding Hittner’s commercial vehicle disqualification as imposed by the WYDOT.
Duty to Inform: Hittner’s claim that the arresting officer failed to inform him he had no right to consult with an attorney before taking the breath test was contradicted by his testimony at the administrative hearing where he stated he was told that he could not contact an attorney.
Refusal of Test: Hittner claimed he did not refuse the second breath test; he was physically unable to do what was required because of ill health. Hittner’s argument contradicts the arresting offer’s view of the circumstances. The Court would not second guess the factual finding of the hearing officer that the officer’s evidence was more credible.

Holding: The Court held there was substantial evidence in the record to sustain a conclusion that Hittner was given complete implied consent advisements and that he was not misled in any way about what his rights were. The district court’s order affirming the hearing officer’s orders with respect to Hittner’s driver’s licenses was affirmed.

Affirmed.

J. Hill delivered the decision.

Link: http://tinyurl.com/63keql .

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