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MOGARD v. CITY OF LARAMIE

No. 00-217.

32 P.3d 313 (2001)

2001 WY 88

Bennie J. MOGARD, Appellant (Defendant), v. CITY OF LARAMIE, Appellee (Plaintiff).

Supreme Court of Wyoming.

September 24, 2001.

Attorney(s) appearing for the Case

R. Michael Vang of Kirkwood, Nelson & Vang, Laramie, WY, Representing Appellant.

Devon O'Connell Coleman of Corthell and King, P.C., Laramie, WY, Representing Appellee.

Gay Woodhouse, Attorney General; Vicci Colgan, Chief Deputy Attorney General; Martin Hardsocg, Assistant Attorney General; and Matthew J. Fermelia, Special Assistant Attorney General, Cheyenne, WY, Representing State of Wyoming as Amicus Curiae.

Before LEHMAN, C.J., and GOLDEN, HILL, KITE, and VOIGT, JJ.

VOIGT, Justice.

[¶ 1] The appellant, Bennie J. Mogard, was arrested in Laramie for driving while under the influence. Upon being advised of the implied consent to chemical testing provisions of Wyo. Stat. Ann. § 31-6-102(a)(ii) (LexisNexis 2001), the appellant asked to speak to an attorney before submitting to the test. That request was denied. Subsequently, based upon this denial, he filed a Motion to Suppress Breath Test in the municipal court. Citing...

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