Summary 2014 WY 18

Summary of Decision February 4, 2014

Justice Burke delivered the opinion of the Court. Affirmed.

Case Name: JAMES C. McCALLIE v. STATE OF WYOMING, ex rel., DEPARTMENT OF TRANSPORTATION

Docket Number: S-13-0099

URL: http://www.courts.state.wy.us/Opinions.aspx

Appeal from the District Court of Uinta County, the Honorable Dennis L. Sanderson, Judge

Representing Appellant: Dana J. Lent, Attorney at Law, Torrington, Wyoming.

Representing Appellee: Peter K. Michael, Attorney General; Robin Sessions Cooley, Deputy Attorney General; Douglas J. Moench, Senior Assistant Attorney General; Jackson M. Engels, Assistant Attorney General.

Date of Decision: February 4, 2014

Facts: The Department of Transportation disqualified James McCallie from driving commercial vehicles for one year on the basis that he had driven a commercial vehicle with a blood alcohol concentration of 0.04% or greater. After a contested case hearing, the hearing examiner upheld the disqualification. Mr. McCallie challenges the agency’s decision on appeal, claiming generally that the hearing examiner’s findings of fact are unsupported by substantial evidence.

Issues: 1) Were the hearing examiner’s findings of fact regarding probable cause for arrest supported by substantial evidence? 2) Was the order upholding the disqualification of Mr. McCallie’s commercial driver’s license supported by accurate findings of fact and substantial evidence?

Holdings/Conclusion: Our review of the record reveals substantial evidence supporting the hearing examiner’s decision, and we will affirm.

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

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