Thursday, September 13, 2012

Summary 2012 WY 115

Summary of Decision August 31, 2012

Justice Hill delivered the opinion for the Court. Affirmed.

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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