STATE, DEPT. OF TRANSP. v. Robbins
2011 WL 452136
Wyo.2011Background
- Robbins was CDL holder; WYDOT disqualified his CDL after Breathalyzer readings and evidence from a port-of-entry stop.
- Robbins admitted drinking earlier; initial BAC .073%, second .050%; subsequent implied-consent test yielded .041% and .040%.
- Robbins challenged the disqualification at a contested hearing, arguing statutory and due-process issues.
- Hearing examiner upheld the disqualification; Robbins sought judicial review and declaratory relief, challenging statutory framework.
- District court ruled that clear and convincing evidence was the proper standard for CDL disqualification and found a due-process violation.
- Wyoming Supreme Court reversed, holding preponderance of the evidence applies and no due-process violation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standard for CDL disqualification in contested cases | Robbins: clear and convincing standard required | State: preponderance standard governs | Preponderance standard governs |
Key Cases Cited
- Dept. of Revenue & Taxation v. Hull, 751 P.2d 351 (Wyo. 1988) (license revocation hearing is civil; probable cause shown by preponderance)
- Cervelli v. Graves, 661 P.2d 1032 (Wyo. 1983) (all drivers held to same standard of care; no elevated standard for commercial license)
- Billings v. Wyo. Bd. of Outfitters & Prof'l Guides, 88 P.3d 455 (Wyo. 2004) (due process considerations in professional licenses)
- State ex rel. DOT v. Legarda, 77 P.3d 708 (Wyo. 2003) (automobile license context; due process considerations)
- Dorr v. State Bd. of Certified Public Accountants, 21 P.3d 735 (Wyo. 2001) (professional licenses and due process standards)
- In re Licensure of Jerry Penny v. State ex rel. Wyo. Mental Health Professions Licensing Bd., 120 P.3d 152 (Wyo. 2005) (license-licensing due process considerations)