Summary 2009 WY 137

Summary of Decision issued November 10, 2009

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

Case Name: Faber v. State, DOT

Citation: 2009 WY 137

Docket Number: S-09-0099

Appeal from the District Court of Sublette County, the Honorable Marvin L. Tyler, Judge.

Representing Appellant Faber: Elizabeth Greenwood and Inga L. Parsons of Pinedale, Wyoming.

Representing Appellee State: Bruce A. Salzburg, Wyoming Attorney General; Robin Sessions Cooley, Deputy Attorney General; Douglas J. Moench, Senior Assistant Attorney General; Michael T. Kahler, Assistant Attorney General.

Facts/Discussion: Faber appealed from the district court’s Order Affirming Agency Order Upholding Implied Consent Suspension and Associate Agency Order Upholding Commercial Disqualification.
In reviewing findings of fact, the Court examines the entire record to determine whether there is substantial evidence to support the agency’s findings. In the instant case, the Court stated there was substantial evidence in the form of eye-witness testimony of Faber’s refusal to provide a breath sample for chemical analysis. In addition, Faber did not testify at the contested case hearing and he did not cite to cases or statutes supporting his contentions.

Conclusion: Substantial evidence supported the Hearing Examiner’s finding that the petitioner intentionally failed to provide the breath samples necessary for the breath test requested by the booking officer. Such intentional failure constituted a refusal to take the breath test, which refusal led to the statutory implied consent suspension of the petitioner’s driving privileges and the additional statutory disqualification from driving a commercial motor vehicle. The officer was not required to offer a blood or urine test.

Affirmed.

C.J. Voigt delivered the decision.

Link: http://tinyurl.com/yh5ju75 .

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