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BOWEN v. STATE, DEPT. OF TRANSP.

No. S-10-0063.

245 P.3d 827 (2011)

2011 WY 1

Kevin D. BOWEN, Appellant (Petitioner), v. STATE of Wyoming, DEPARTMENT OF TRANSPORTATION, Appellee (Respondent).

Supreme Court of Wyoming.

January 4, 2011.

Attorney(s) appearing for the Case

Representing Appellant: James A. Eddington of Jones & Eddington Law Offices, Torrington, Wyoming.

Representing Appellee: Bruce A. Salzburg , Wyoming Attorney General; Robin Sessions Cooley , Deputy Attorney General; Douglas J. Moench , Senior Assistant Attorney General; Jackson M. Engels , Assistant Attorney General.

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

VOIGT, Justice.

[¶ 1] In this appeal we review a determination by the Office of Administrative Hearings (OAH) to uphold the suspension of Kevin D. Bowen's (the appellant) driver's license. The only question presented to the OAH was whether the appellant's breath test results were legally obtained, and thus admissible. In finding that the suspension was proper, the OAH relied on a previous decision in the appellant's companion criminal case wherein the circuit...

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