Harvey v. State, Department of Transportation
2011 WY 72
| Wyo. | 2011Background
- Harvey was stopped on a Wyoming highway after a forklift on the shoulder lacked a slow moving vehicle emblem.
- The trooper issued a written warning for the emblem deficiency and detected a strong odor of alcohol from Harvey.
- Harvey admitted to having one beer about 30 minutes earlier; field sobriety tests were administered and Harvey performed poorly on some tests.
- An open beer was found in the forklift; Harvey was arrested for driving under the influence after a preliminary breath test showed a BAC of 0.18%.
- Harvey consented to a second breath test at the jail; the EC/IR test showed a BAC of 0.135%.
- The Department suspended Harvey’s license under Wyoming’s Implied Consent statute, § 31-6-102, and Harvey challenged the suspension in OAH, then district court, and now on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there probable cause to stop for the emblem violation? | Harvey: emblem failure is not a Wyoming § 31-5-921(d) violation. | Harvey: stop justified under the statute for slow moving emblem requirement. | Yes; the forklift falls within § 31-5-921(d) as special mobile equipment. |
| Were the field sobriety tests properly administered and considered? | The tests were not properly administered and should not support probable cause. | Tests were properly administered and admissible in determining impairment. | Tests properly administered and considered; admissible |
Key Cases Cited
- Vasquez v. State, 990 P.2d 476 (Wyo. 1999) (state constitutional interpretation requires precise analysis)
- Damato v. State, 64 P.3d 700 (Wyo. 2003) (routine traffic stops are seizures; Terry framework applies)
- Fertig v. State, 146 P.3d 492 (Wyo. 2006) (probable cause for traffic violations governs stop reasonableness)
- Whren v. United States, 517 U.S. 806 (U.S. 1996) (probable cause standard governs traffic-stop legality)
- Batten v. Wyo. DOT Drivers' License Div., 170 P.3d 1236 (Wyo. 2007) (statutory interpretation and standard of review for agency findings)
- Sinclair Oil Corp. v. Wyo. Dep't of Revenue, 238 P.3d 568 (Wyo. 2010) (statutory interpretation review; plain meaning governs)
- Parks v. State, 247 P.3d 857 (Wyo. 2011) (statutory interpretation; plain language analysis)