Leavitt v. State, ex rel. Wyoming Department of Transportation

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The Supreme Court affirmed the judgment of the district court dismissing Appellant’s declaratory judgment action for lack of a justiciable controversy. Appellant’s driver’s license was suspended after her agreed to take a breath test and provided a breath sample indicating his blood alcohol concentration to be over the legal limit. Appellant initiated a civil action seeking a declaratory judgment that the Wyoming Constitution prohibits a law enforcement officer from using the “deemed consent” provision of Wyo. Stat. Ann. 31-6-102(a)(i) to perform a warrantless chemical test incident to the lawful arrest of a motorist. The district court concluded that the request did not present a justiciable controversy and granted the Wyoming Department of Transportation’s motion to dismiss the action. The Supreme Court affirmed, holding that the district court properly dismissed the claim because Appellant failed to present a justiciable controversy. View "Leavitt v. State, ex rel. Wyoming Department of Transportation" on Justia Law