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MILLER v. STATE EX REL., DEPT. OF TRANSP.

No. S-12-0033.

283 P.3d 1153 (2012)

2012 WY 115

Ricky D. MILLER, Appellant (Petitioner), v. STATE of Wyoming, ex rel., WYOMING DEPARTMENT OF TRANSPORTATION, Appellee (Respondent).

Supreme Court of Wyoming.

August 31, 2012.

Attorney(s) appearing for the Case

Representing Appellant: Cole N. Sherard , Wheatland, WY.

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

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

HILL, Justice.

[¶ 1] Ricky D. Miller challenges a hearing examiner's order upholding his per se driver's license suspension. Miller claims that his breath test was invalid because the test operator was not properly certified. We affirm.

ISSUE

[¶ 2] Miller presents one issue:

1. Was the Office of Administrative Hearing's conclusions of law in error when it upheld the Wyoming Department of Transportation's "per se" suspension of...

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