Eric Schouboe v. Wyoming Department of Transportation

Summary

The Supreme Court of Wyoming affirmed an administrative suspension of Eric Schouboe's driver's license for refusing chemical testing. The court held that substantial evidence supported the hearing examiner's finding that Schouboe was in actual physical control of his vehicle while intoxicated, even though the vehicle was not running and the keys were on the center console rather than in the ignition.

Holdings

1. Reliance on the certified administrative record is a valid method for prosecuting an administrative driver's-license suspension and is sufficient to establish a prima facie case, shifting the burden to the petitioner to present evidence refuting it.
2. Substantial evidence supported the hearing examiner's conclusion that Schouboe was in actual physical control of his vehicle when he was intoxicated, seated in the driver's seat, stopped in the middle of the road, and had keys on the center console.
3. Wyoming does not require that vehicle keys be in the ignition to establish actual physical control.

Questions Presented

1. Whether substantial evidence supported the hearing examiner's finding that Schouboe was driving or in actual physical control of a motor vehicle on a public road.
2. Whether WYDOT could rely on the certified administrative record to establish a prima facie case in the implied-consent suspension proceeding.
3. Whether the absence of proof that the keys were in the ignition precluded a finding of actual physical control.

Disposition

affirmed