Miller v. Wyoming

Ricky D. Miller challenged a hearing examiner's order upholding his per se driver's license suspension. In his only issue, Miller argued that his breath test was invalid because Corporal Karr's (the test administrator) operator permit for the test equipment was not valid. Miller argued that the evidence established, and the OAH found, that Corporal Karr did not properly maintain her certification and should have been decertified. Considering the applicable statues and Wyoming's relevant case law under the facts of this case, the Supreme Court concluded that under the DOH's Rules and Regulations for Chemical Analysis for Alcohol Testing, Chapter IV, Section 4, the operator's permit in this case was valid because the state agency had not deemed otherwise and had not notified the permittee. "Certainly, there is tension between the quoted rule and the DOH rule . . . However, we conclude that section 4 is controlling, as suggested by this Court in Miller's earlier appeal." The hearing examiner's decision was affirmed, and Miller's per se driver's license suspension stood. View "Miller v. Wyoming" on Justia Law