Vasco v. State, Department of Transportation, 253 P.3d 515

Vasco was arrested for interference with a police officer and DUI after a hit-and-run; he refused a chemical test and WYDOT suspended his license for six months.
Officer Leibovitz recognized Vasco at the Baker Street residence and attempted to identify him; Vasco gave a false name and moved to walk past the officer.
The officer smelled alcohol, observed red, glassy eyes, and noted Vasco swayed; Vasco could not explain his whereabouts or driving status.
Vasco was arrested for interference; during a search, keys for a Nissan Titan involved in the accident were found and matched to Vasco’s vehicle.
WYDOT notified Vasco of the six-month license suspension; Vasco challenged the suspension arguing lack of probable cause for the interference arrest and tainting of the subsequent DUI evidence.
The Wyoming implied consent and hearing statutes govern the suspension process and the scope of the administrative hearing, including the issue of probable cause for the traffic-related arrest.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether probable cause supported Vasco’s arrest for interference.	Vasco argues no probable cause for interference.	State contends totality of circumstances showed probable cause.	Probable cause existed; arrest supported by totality of circumstances.

Wong Sun v. United States, 371 U.S. 471 (U.S. 1963) (fruit of the poisonous tree doctrine applies to unlawful searches or seizures)
Hall v. State, 166 P.3d 875 (Wy. 2007) (affirms fruit-of-the-poisonous-tree applicability in Wyoming context)
Schouboe v. Wyo. Dep't of Transp., 238 P.3d 1246 (Wy. 2010) (substantial evidence standard; agency credibility determinations)
Bradshaw v. Wyo. Dep't of Transp. Drivers' License Div., 135 P.3d 612 (Wy. 2006) (probable cause standard for arrest in DUI context)
Batten v. Wyo. Dep't of Transp. Drivers' License Div., 170 P.3d 1236 (Wy. 2007) (standard for reviewing agency decisions; no deference to district court)