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BATTEN v. DEPT. OF TRANSP. DRIVERS' LICENSE

No. 06-290.

170 P.3d 1236 (2007)

2007 WY 173

Marshall BATTEN, Appellant (Petitioner), v. WYOMING DEPARTMENT OF TRANSPORTATION DRIVERS' LICENSE DIVISION, Appellee (Respondent).

Supreme Court of Wyoming.

November 2, 2007.

Attorney(s) appearing for the Case

Representing Appellant: Mike Cornia, Evanston, Wyoming.

Representing Appellee: Patrick J. Crank, Attorney General; Robin Sessions Cooley, Deputy Attorney General; Douglas J. Moench, Senior Assistant Attorney General; David J. Willms, Assistant Attorney General.

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

KITE, Justice.

[¶ 1] Marshall Batten appeals from the Office of Administrative Hearings' (OAH) order upholding the Wyoming Department of Transportation's (WYDOT) suspension of his driver's license for driving while under the influence of alcohol (DWUI). He claims his constitutional rights were violated because the trooper did not have reasonable suspicion to detain him in order to conduct field sobriety tests after the original purpose of the stop had concluded...

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