JOHNSON v. STATE HEARING EXAMINER'S OFFICE

Nos. 90-297, 91-15.

838 P.2d 158 (1992)

Tamara JOHNSON; Paul Radosevich; Jennifer Archibald; and Randy Hampton, Appellants (Petitioners), v. STATE of Wyoming HEARING EXAMINER'S OFFICE and the Division of Revenue and Taxation, Appellees (Respondents). Garrett M. McCARTY and Donald C. King, Petitioners, v. Marvin APPLEQUIST, Charles Brown III, and Nancy Freudenthal, in their official capacities as Commissioners of the State of Wyoming Tax Commission; the State of Wyoming, ex rel., the Department of Revenue and Taxation; and the Honorable Stuart S. Healy, Justice of the Municipal Court, in and for the City of Sheridan, Wyoming, Respondents.

Supreme Court of Wyoming.

August 26, 1992.


Attorney(s) appearing for the Case

Tony S. Lopez of Zimmers and Lopez, Laramie, and Christopher H. Hawks, Student Intern, for appellants in case No. 90-297.

Anthony T. Wendtland and Kate M. Fox of Burgess, Davis, Carmichael & Cannon and the American Civil Liberties Union, Sheridan, for petitioners in case No. 91-15.

Joseph B. Meyer, Atty. Gen., Mary Guthrie, Senior Asst. Atty. Gen., and Milo M. Vukelich, Asst. Atty. Gen., for appellees in case No. 90-297 and respondents in 91-15.

Before THOMAS, CARDINE, URBIGKIT and GOLDEN, JJ., and BROWN, Retired J.


URBIGKIT, Justice.

For our constitutional review, these cases present 1990 legislation intended in part to enforce state and municipal alcohol nonconsumption provisions for persons under majority, age nineteen. In attempting to deter consumption, the statutes provide retributory punishment via driver's license suspension where the offense for which the punishment is inflicted involves neither driving nor motor vehicle use.

In these consolidated cases, the...

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