Tuesday, February 04, 2014

Summary 2014 WY 18

Summary of Decision February 4, 2014

Justice Burke delivered the opinion of the Court. Affirmed.


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.

[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 quotation, 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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