Johnson v. State ex rel., Wyoming Department of Transportation
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The Supreme Court affirmed the judgment of the district court dismissing Appellant's declaratory judgment action arguing that the Office of Administrative Hearings (OAH), and therefore the district court on appeal, did not have jurisdiction to decide his claim that a policy officer violated his due process right to an independent blood test, holding that the district court did not abuse its discretion in dismissing the declaratory judgment action.
A police officer arrested Appellant for driving under the influence of alcohol. After an officer performed a chemical breath test, Appellant was issued a suspension order for his driver's license. Appellant requested a contested case hearing, arguing that the officer denied him the statutory ability to obtain a blood test at his own expense. The OAH upheld the suspension order, finding that the officer did not deprive Appellant of his right to an independent blood test. Appellant appealed and filed a separate declaratory judgment action seeking a declaration that law enforcement violated his statutory and substantive due process rights to independent testing. The district court dismissed the declaratory judgment action. The Supreme Court affirmed, holding (1) the OAH had jurisdiction over Appellant's administrative proceeding; and (2) the district court did not abuse its discretion in dismissing the declaratory judgment action.
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