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COLYER v. STATE, DEPT. OF TRANSP.

No. S-08-0183.

203 P.3d 1104 (2009)

2009 WY 43

David R. COLYER, Appellant (Petitioner), v. The STATE of Wyoming, DEPARTMENT OF TRANSPORTATION, Appellee (Respondent).

Supreme Court of Wyoming.

March 25, 2009.

Attorney(s) appearing for the Case

Representing Appellant: Vance Countryman of Vance T. Countryman, P.C., Lander, Wyoming.

Representing Appellee: Bruce A. Salzburg, Attorney General; Robin Sessions Cooley, Deputy Attorney General; Douglas J. Moench, Senior Assistant Attorney General; Michael T. Kahler, Assistant Attorney General.

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

VOIGT, Chief Justice.

[¶ 1] The appellant's driver's license was suspended because he refused to submit to a chemical test of his blood alcohol content after a traffic stop. That suspension was affirmed after a contested case hearing and again after a petition for review was filed in the district court. The focal issue is whether the arrest was unlawful, which, if so, would negate the appellant's statutorily implied consent to chemical testing, and would require...

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