GOODEN v. STATE

No. 84-59.

711 P.2d 405 (1985)

Debra Jo GOODEN, John Arnese, Lawrence Jones, Kelvin Fisher, and Nell Wilson, Appellants (Defendants), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

December 19, 1985.


Attorney(s) appearing for the Case

Robert J. Reese, Green River, for appellants (defendants).

A.G. McClintock, Atty. Gen., Gerald A. Stack, Deputy Atty. Gen., John W. Renneisen, Senior Asst. Atty. Gen., and Roger Fransen, Asst. Atty. Gen., for appellee (plaintiff).

Before THOMAS, C.J., and ROSE, ROONEY, BROWN and CARDINE, JJ.


THOMAS, Chief Justice.

The question to be resolved in this case is one of standing to attack the constitutionality of our statute which prohibits driving while under the influence of alcohol and further provides that charges brought under the statute shall not be reduced. The county court and the district court, on appeal to it, upheld the constitutionality of the statute against the claim that it represented a legislative infringement upon the powers of the executive...

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