Summary 2011 WY 17

Summary of Decision February 4, 2011

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Case Name: Wyoming Department of Transportation v. Potvin

Citation: 2011 WY 17

Docket Number: S-10-0125

URL: http://wyomcases.courts.state.wy.us/applications/oscn/DeliverDocument.asp?CiteID=461726

Appeal from the District Court of Teton County, Honorable Nancy J. Guthrie, Judge

Representing Appellant (Reposndent): 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; and Jackson M. Engels, Assistant Attorney General.

Representing Appellee (Petitioner): Gerard R. Bosch and Mark J. Longfield, Law Offices of Jerry Bosch, Wilson, Wyoming.

Date of Decision: February 4, 2011

Facts: The Appellant challenges a district court order which reversed an order of an independent hearing examiner to the effect that Appellee was required to surrender his driver’s license because he refused to submit to a chemical test for the purpose of ascertaining if his blood alcohol/controlled substance content exceeds the statutory limit. The district court reversed the hearing examiner’s decision on the basis that WYDOT failed to present substantial evidence at the hearing to establish that the police officers had probable cause to believe that Appellee had been driving, or was in actual physical control, of a motor vehicle upon a public street or highway while under the influence of alcohol.

Issues: Whether there substantial evidence to support the hearing examiner’s finding that there was probable cause to arrest Appellee for driving while under the influence of alcohol.

Holdings: Given the entirety of the facts and circumstances called to the hearing examiner’s attention, there was substantial evidence to support his ultimate finding that the police had probable cause to contact Appellee and to question him about a hit and run accident and eventually to request that he voluntarily submit to a chemical breath or blood test, which he refused. Likewise, the record contains substantial evidence to support the hearing examiner’s findings that Appellee and his roommate were not credible witnesses. The hearing examiner’s conclusions were not arbitrary and capricious in light of the evidence presented.

The order of the district court must be reversed and determination made by the hearing examiner will be sustained. The matter is remanded to the district court with directions to the district court to further remand to the hearing examiner to accomplish this result.

J. Hill delivered the opinion for the court.