Summary 2012 WY 115
Summary of Decision August 31, 2012
Justice Hill delivered the opinion for the Court. Affirmed.
Case Name: RICKY D. MILLER v. STATE OF WYOMING, ex rel., WYOMING DEPARTMENT OF TRANSPORTATION
Justice Hill delivered the opinion for the Court. Affirmed.
Case Name: RICKY D. MILLER v. STATE OF WYOMING, ex rel., WYOMING DEPARTMENT OF TRANSPORTATION
Docket Number: S-12-0033
Appeal from the District Court of Platte County, Honorable John C. Brooks, Judge.
Representing Appellant: Cole N. Sherard, Wheatland, WY.
Representing Appellee: Gregory A. Phillips, Wyoming Attorney General; Robin Sessions Cooley, Deputy Attorney General; Douglas J. Moench, Senior Assistant Attorney General; and Travis J. Kirchhefer, Assistant Attorney General.
Date of Decision: August 31, 2012
Facts: Ricky D. Miller challenged a hearing examiner’s order upholding his per se driver’s license suspension. Miller claimed that his breath test was invalid because the test operator was not properly certified. Affirmed.
Issues: Miller presents one issue:
1. Was the Office of Administrative Hearing’s conclusions of law in error when it upheld the Wyoming Department of Transportation’s “per se” suspension of [Miller’s] driver’s license when the chemical breath test was performed by an operator who was no longer certified to perform a breath test analysis in accordance with W.S. § 31-6-105(a) and Wyoming Department of Health Rules and Regulations?
Holdings: The hearing examiner’s decision was affirmed, and Miller’s per se driver’s license suspension stands. The test operator’s permit was valid, as she had not been notified otherwise. Affirmed.
Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court
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[SPECIAL NOTE: This opinion uses the "Universal Citation." It was given an "official" citation when it was issued. You should use this citation whenever you cite the opinion, with a P.3d parallel citation. You will also note when you look at the opinion that all of the paragraphs are numbered. When you need to provide a pinpoint citation to a quote the universal portion of the citation will use that paragraph number. The pinpoint citation in the P.3d portion will need to have the reporter page number. If you need assistance in putting together a citation from this, or any future opinion using the Universal Citation form, please contact the Wyoming State Law Library and we will provide any needed assistance]
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