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SCHOUBOE v. WYOMING DEPT. OF TRANSP.

No. S-09-0190.

238 P.3d 1246 (2010)

2010 WY 119

Eric SCHOUBOE, Appellant (Petitioner), v. WYOMING DEPARTMENT OF TRANSPORTATION, Appellee (Respondent).

Supreme Court of Wyoming.

August 19, 2010.

Attorney(s) appearing for the Case

Representing Appellant: Gerard R. Bosch and Mark J. Longfield , of Law Offices of Jerry Bosch, LLC, Wilson, WY.

Representing Appellee: Bruce A. Salzburg , Wyoming Attorney General; Robin Sessions Cooley , Deputy Attorney General; Douglas J. Moench , Senior Assistant Attorney General; and Kenneth J. Miller , Assistant Attorney General.

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

HILL, Justice.

[¶ 1] Eric Schouboe appeals a hearing examiner's order upholding his implied consent suspension. Schouboe contends that the Wyoming Department of Transportation (WYDOT) did not prove he was in actual physical control of his vehicle. We affirm.

ISSUES

[¶ 2] Schouboe lists five issues:

I. Did the Wyoming Department of Transportation (WYDOT) carry its burden to establish the necessary element of "actual physical control...

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