Kara Walters v. State of Wyoming ex rel. Wyoming Department of Transportation
300 P.3d 879
Wyo.2013Background
- Walters charged with DWUI; WYDOT suspended her license and she challenged at OAH; OAH upheld suspension; Walters sought district court review raising implied consent and municipal ordinance challenges; district court held issues not raised in admin hearing and that advisement was proper; Supreme Court affirms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Adequacy of implied consent advisements | Walters argues officer misled by municipal penalties. | Walters was properly advised under §31-6-102(a)(ii) plus municipal penalties; not coercive. | Advisements adequate; no coercion; penalties not required in advisement. |
| Jurisdiction to review challenges to municipal ordinances in OAH | Challenges to Laramie ordinance should be heard. | OAH lacks jurisdiction; such issues must be in declaratory judgment or criminal action. | OAH and this Court lack jurisdiction; must pursue separately. |
| Effect of combining implied consent advisements with municipal penalties on due process | Advisement about jail for refusal misleads; due process implicated. | Information about penalties is accurate; not coercive. | No due process violation based on advisement. |
Key Cases Cited
- Sandoval v. City of Laramie, 291 P.3d 290 (Wy. 2012) (administrative scope not extend to municipal ordinances; preemption found in related actions)
- Regan v. State ex rel. Wyoming Department of Transportation, 292 P.3d 849 (Wy. 2012) (OAH cannot decide on municipal ordinance challenges; must be declaratory judgment or criminal action)
- In re Hittner, 189 P.3d 872 (Wy. 2008) (breath test results may be suppressed if misled about implied consent)
- Mogard v. City of Laramie, 32 P.3d 313 (Wy. 2001) (implied consent advisement procedures not a critical stage triggering right to counsel)