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FABER v. STATE

No. S-09-0099.

220 P.3d 236 (2009)

2009 WY 137

Daniel C. FABER, Appellant (Petitioner), v. The STATE of Wyoming, DEPARTMENT OF TRANSPORTATION, Appellee (Respondent).

Supreme Court of Wyoming.

November 10, 2009.

Attorney(s) appearing for the Case

Representing Appellant: Elizabeth Greenwood and Inga L. Parsons of Pinedale, 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] This is an appeal from the district court's Order Affirming Agency Order Upholding Implied Consent Suspension and Associated Agency Order Upholding Commercial Disqualification, filed April 13, 2009. Finding no error of law below, and finding sufficient evidence that the petitioner intentionally failed or refused to perform the offered breath test after an arrest for driving under the influence of intoxicating liquor (DWUI), we affirm...

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