Legal Opinion

Miller v. State ex rel. Wyoming Department of Transportation

Wyoming Supreme Court

Decided August 31, 2012No. S-12-0033Published

1Opinion of the Court

HILL, Justice.

[T1] Ricky D. Miller challenges a hearing examiner's order upholding his per se driver's license suspension. Miller claims that his breath test was invalid because the test operator was not properly certified. We affirm.

ISSUE

[¶2] 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. §…

2Cases cited6 opinions

  1. Worker's Compensation Claim of Dale v. S & S Builders, LLCWyoming Supreme Court · 2008
  2. Batten v. Wyoming Department of Transportation Drivers' License DivisionWyoming Supreme Court · 2007
  3. Miller v. Wyoming Department of HealthWyoming Supreme Court · 2012
  4. Vasco v. State, Department of TransportationWyoming Supreme Court · 2011
  5. Bryant v. STATE EX REL. DEPT. OF TRANSP.Wyoming Supreme Court · 2002

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