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LEAVITT v. STATE EX REL. WY DEPT. OF TRANSP

S-17-0118.

406 P.3d 1266 (2017)

2017 WY 149

Dale B. LEAVITT, Appellant (Plaintiff), v. STATE of Wyoming, EX REL., WYOMING DEPARTMENT OF TRANSPORTATION, Appellee (Defendant).

Supreme Court of Wyoming.

December 15, 2017.

Attorney(s) appearing for the Case

Representing Appellant: R. Michael Vang of R. Michael Vang, P.C., Laramie, Wyoming; Timothy K. Newcomb , Laramie, Wyoming. Argument by Mr. Vang.

Representing Appellee: Peter K. Michael , Wyoming Attorney General; Misha Westby , Deputy Attorney General; Michael T. Kahler , Senior Assistant Attorney General; Samuel S. Voyles , Assistant Attorney General. Argument by Mr. Kahler.

Before BURKE, C.J., and HILL, DAVIS, FOX, and KAUTZ, JJ.

[¶ 1] Appellant, Dale B. Leavitt, sought a declaratory judgment that the Wyoming Constitution prohibits a law enforcement officer from using the "deemed consent" provision of Wyo. Stat. Ann. § 31-6-102(a)(i) to perform a warrantless chemical test incident to the lawful arrest of a motorist. The district court dismissed his...

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