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eBook details

• Title: Nellis V. Wyoming Dept. Of Transp.
• Author : Supreme Court of Wyoming
• Release Date : January 12, 1997
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

James S. Nellis (Nellis) challenges the probable cause for a deputy sheriff to arrest him for driving while under the influence of alcohol (DWUI) and the sufficiency of the evidence to support the ruling of a hearing examiner that a ninety day administrative suspension of his driver's license should be upheld. In arguing his first contention, Nellis asserts that the evidence did not support the determination that the deputy sheriff had probable cause to arrest him for DWUI. Nellis argues that in the absence of adequate probable cause the chemical testing procedure articulated in WYO. STAT. § 31-6-102 (1994) was unlawfully invoked. In his second argument, Nellis contends that the results of the blood analysis that were obtained were not adequate to support a determination of intoxication because of the time differential between the arrest and the drawing of the blood sample. Upon initial review the district court ruled:

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