247 P.3d 54
Wyo.2011Background
- WYDOT challenged a district court reversal of a hearing examiner who sustained Potvin's implied consent license suspension.
- Potvin's license was suspended under Wyoming's implied consent statute after he refused chemical testing following a DUI arrest.
- The district court reversed, holding WYDOT failed to present substantial evidence of probable cause that Potvin had driven or was in control of a vehicle while intoxicated.
- The hearing examiner had determined probable cause existed and Potvin and his roommate were not credible.
- The Wyoming Supreme Court reversed the district court, reinstating the hearing examiner's suspension decision.
- The case was remanded to the district court to remand to the hearing examiner to implement the reinstatement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there substantial evidence of probable cause to arrest Potvin for DUI? | WYDOT: substantial evidence | Potvin: evidence insufficient, credibility issues | Yes; substantial evidence supported probable cause |
| Did reasonable suspicion exist to contact Potvin based on the hit-and-run investigation? | WYDOT: reasonable suspicion established | Potvin: not shown | Yes; substantial evidence supported reasonable suspicion |
| Did the hearing examiner properly rely on WYDOT's certified record? | WYDOT: record properly considered | Potvin: record incomplete | Yes; reliance on the certified record was proper |
| Were the credibility findings and evidentiary determinations about Potvin and roommate supportable? | WYDOT: credibility supported by record | Potvin: testimony credible and inconsistent with police | Yes; findings supported by the record |
Key Cases Cited
- Dale v. S & S Builders, LLC, 2008 WY 84 (Wyoming 2008) (standard of review for agency decisions; substantial evidence approach)
- Newman v. State ex rel. Wyoming Workers' Safety & Compensation Div., 49 P.3d 163 (Wyoming 2002) (arbitrary and capricious standard as safety net)
- Diamond B Servs., Inc. v. Rohde, 120 P.3d 1031 (Wyoming 2005) (de novo review of legal conclusions)
- In re Hittner, 189 P.3d 872 (Wyoming 2008) (contextual guidance on appellate standards)
- Board of Trustees v. Spiegel, 549 P.2d 1161 (Wyoming 1976) (definition of substantial evidence; credibility considerations)