ADVERTISEMENT



Google       

Home -> Law Blog Directory -> State Courts Blogs -> Law Library Letter

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

State Courts

: Law Library Letter

Summary 2010 WY 119

ADVERTISEMENTS
Summary of Decision issued August 19, 2010

Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court.

Case Name: Schouboe v. Wyo. Dept. of Trans.

Citation: 2010 WY 119

Docket Number: S-09-0190

Appeal from the District Court of Teton County, the Honorable Nancy J. Guthrie, Judge.

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

Representing State DOT: 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.

Facts/Discussion: Schouboe appealed a hearing examiner?s order upholding his implied consent suspension. Schouboe contended that WYDOT did not prove he was in actual physical control of his vehicle. Schouboe was found asleep in his truck, with the keys on his console, stopped in the middle of a county road. He was arrested for DUI and after transport to Sublette County Detention Center, refused chemical testing.
Schouboe?s argument could be narrowed down to whether the hearing examiner?s conclusion that Schouboe was in actual physical control of his vehicle was based on substantial evidence. Schouboe contended it was improper for WYDOT to rely solely upon the certified administrative record to sustain its burden. The Court stated that using the certified record to prosecute administrative suspensions is a valid method still used by agencies and approved by the Court in Drake v. State. Unlike Arkansas, the Court has not adopted a bright-line rule that actual physical control begins when the keys are located in the ignition.

Conclusion: The facts were that Schouboe was parked in the middle of a county road, seated in the driver?s seat, and slumped over the steering wheel with the keys on the console. The Court concluded the hearing examiner had substantial evidence to conclude that Schouboe was in actual physical control of his vehicle.

Affirmed.

J. Hill delivered the decision.

Link: http://tinyurl.com/252uzb2 .

[SPECIAL NOTE: This opinion uses the "Universal Citation." It was given an "official" citation when it was issued. You should use this citation whenever you cite the opinion, with a P.3d parallel citation. Please note when you look at the opinion that all of the paragraphs are numbered. When you pinpoint cite to a quote, you should cite to this paragraph number rather than to any page number. If you need assistance using the Universal Citation format, please contact the Wyoming State Law Library.]

Full post as published by Law Library Letter on August 19, 2010 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0023 secs (from cache 11/02/26 20:45:21)