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ROMSA v. STATE EX REL. WYOMING DEPT.

No. S-12-0005.

288 P.3d 695 (2012)

2012 WY 146

Todd L. ROMSA, Appellant (Petitioner), v. STATE of Wyoming, ex rel., WYOMING DEPARTMENT OF TRANSPORTATION, Appellee (Respondent).

Supreme Court of Wyoming.

November 20, 2012.

Attorney(s) appearing for the Case

Representing Appellant: R. Michael Vang of Fleener & Vang, LLC, Laramie, WY.

Representing Appellee: Gregory A. Phillips , Wyoming Attorney General; Robin Sessions Cooley , Deputy Attorney General; Douglas J. Moench , Senior Assistant Attorney General; and Michael T. Kahler , Senior Assistant Attorney General.

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

HILL, Justice.

[¶ 1] After being arrested for driving while under the influence (DWUI) in violation of Wyo. Stat. Ann. § 31-5-233(b) (LexisNexis 2011), Todd L. Romsa submitted a request for contested case hearing before the Office of Administrative Hearings (OAH). Romsa asked the OAH to rule that the procedure used by the arresting officer to conduct the chemical breath test upon which his arrest was based did not comply with Wyo. Stat. Ann. § 31-6...

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