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MORENO v. STATE, DEPT. OF REVENUE & TAX

No. 88-324.

775 P.2d 497 (1989)

Louis L. MORENO, Appellant (Petitioner), v. STATE of Wyoming, DEPARTMENT OF REVENUE AND TAXATION, Appellee (Respondent).

Supreme Court of Wyoming.

June 9, 1989.

Attorney(s) appearing for the Case

Patricia Schick, Laramie, for appellant.

Peter J. Mulvaney, Deputy Atty. Gen., Shirley Kingston, Asst. Atty. Gen., Cheyenne, for appellee.

Before CARDINE, C.J., and THOMAS, URBIGKIT, MACY and GOLDEN, JJ.

GOLDEN, Justice.

Petitioner Louis L. Moreno, a self-employed mechanic, challenges a district court affirmance of the proposed suspension of his driver's license by the State of Wyoming. He argues that W.S. 31-7-105(d) (Cum.Supp. 1988), which denies an independent administrative hearing examiner the discretion to allow limited driving privileges to a person convicted of driving while under the influence (DWUI) twice in a five year period, creates an irrebuttable presumption...

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