Cases

McCallie v. State ex rel., Dept. of Transp., — P.3d —- (2014)

Driver petitioned for judicial review of his disqualification by Department of Transportation (DOT) from driving commercial vehicles for one year. The District Court, Uinta County, Dennis L. Sanderson, J., affirmed. Driver appealed. The Supreme Court, Burke, J., held that: [1] trooper had probable cause to make warrantless arrest of driver, and [2] record contained substantial evidence to support the hearing examiner’s findings that driver was driving or in control of a commercial motor vehicle and had an alcohol concentration of 0.04% or more.

Regan v. State, ex rel., Wyoming Dept. of Transp., 292 P.3d 849 (2012)

IMPLIED CONSENT In separate cases, motorists arrested for driving while under influence (DWUI) petitioned for judicial review of order of Office of Administrative Hearings affirming administrative suspension of their driver’s licenses. In separate proceedings, the District Court, Albany County, 2012 WL 3767695 and 2012 WL 3767696, Jeffrey A. Donnell, J., affirmed. Both motorists appealed. Although not consolidated, appeals were joined. The Supreme Court, Hill, J., held that: [1] implied consent advisement that included warning under municipal implied consent ordinance of criminal sanction for refusal to consent to chemical test was not impermissibly coercive, and [2] Office of Administrative Hearings lacked jurisdiction to consider constitutionality of municipal implied consent ordinance.

State, Dept. of Transp. v. Robbins, 246 P.3d 864 (Wyo. 2011)

The district court erred in finding that clear and convincing evidence, rather than a preponderance of the evidence, is required to uphold a commercial driver’s license disqualification in a contested case proceeding and in finding that Robbins’ constitutional right to due process was violated.

Vasco v. State, Dept. of Transp., 253 P.3d 515 (2011)

After licensee’s driver’s license was suspended for six months based on his refusal to submit to chemical testing following his arrest for driving under the influence (DUI) of alcohol, he sought a hearing. The Office of Administration (OAH) upheld the suspension. Licensee sought review. The District Court, Albany County, Jeffrey A. Donnell, J., affirmed. Licensee appealed. The Supreme Court, Kite, C.J., held that: [1] police officer had probable cause to arrest licensee for interference with a police officer, and [2] police officer had probable cause to arrest licensee for DUI.

Wyoming Dept. of Transp. v. Potvin, 247 P.3d 54 (2011)

Motorist sought judicial review of decision by Department of Transportation to suspend motorist’s license based on refusal to submit breath or blood sample. The District Court, Teton County, Nancy J. Guthrie, J., reversed suspension, and Department appealed. The Supreme Court, Hill, J., held that substantial evidence supported finding that police officers had probable cause to contact motorist at his home following one-car accident and to request that motorist submit to chemical breath or blood test, as required for suspension due to refusal to submit blood or breath sample.

Bowen v. State, Dept. of Transp., 245 P.3d 827 (2011)

IMPLIED CONSENT Motorist petitioned for judicial review of administrative suspension of his driver’s license following contested case hearing, alleging that suspension was improper because the officer performing the breath test was not properly trained on the breath testing device. The District Court, Goshen County, Keith G. Kautz, J., affirmed. Motorist appealed. The Supreme Court, Voigt, J., held that as a matter of first impression, motorist was collaterally estopped from litigating the admissibility of his breath test results.

Elliott v. State, 247 P.3d 501 (2011)

Defendant was charged with driving while under influence (DWUI) of alcohol. The District Court, Converse County, John C. Brooks, J., certified question to the Supreme Court, Hill, J., which held that State was not collaterally estopped from pursuing criminal charge for DWUI after hearing officer in administrative proceeding to suspend license determined that police officer lacked probable cause to arrest.

Harvey v. State, Dept. of Transp., 250 P.3d 167 (2011)

Following the administrative suspension of motorist’s driver’s license by the Department of Transportation (DOT) due to motorist’s arrest for driving while under the influence, motorist filed petition for judicial review. The District Court, Carbon County, Wade E. Waldrip, J., affirmed. Motorist appealed. The Supreme Court, Burke, J., held that police officer had probable cause to believe that motorist, who was driving a forklift, committed a traffic violation due to his failure to display a slow moving vehicle emblem on forklift.

Hwang v. State, Dept. of Transp., 247 P.3d 861 (2011)

Driver appealed an order of the Office of Administrative Hearings (OAH) suspending his driver’s license after driver’s arrest for driving while under the influence of alcohol (DWI). The District Court, Albany County, Jeffrey A. Donnell, J., affirmed. Driver appealed. The Supreme Court, Burke, J., held that: [1] substantial evidence supported hearing officer’s conclusion that police officer observed driver for the required 15 minutes prior to administering chemical breath test to driver, and [2] driver was not permitted to supplement the record on appeal.

Schouboe v. Wyoming Dept. of Transp., 238 P.3d 1246 (2010)

IMPLIED CONSENT Licensee sought review of decision of the District Court, Teton County, Nancy J. Guthrie, J., upholding his implied consent suspension of his driver’s license. The Supreme Court, Hill, J., held that licensee was in actual physical control of vehicle when police found him.

In re Hittner, 189 P.3d 872 (2008)

IMPLIED CONSENT Motorist sought judicial review of Office of Administrative Hearing’s (OAH) order sustaining the implied consent suspension of his driver’s license as well as the disqualification of his commercial driver’s license. The District Court, Laramie County, Nicholas G. Kalokathis, J., affirmed. Motorist appealed. The Supreme Court, Hill, J., held that: [1] substantial evidence supported finding that motorist was given complete implied consent advisements following his arrest for driving under the influence and most assuredly that he was not misled in any way about what his rights were, and [2] substantial evidence supported finding that motorist refused second breath test.

King v. State ex rel. Wyoming Dept. of Transp., 161 P.3d 1086 (2007)

Driver sought review of decision of the Department of Transportation, suspending his commercial driver’s license after he pled guilty to driving while under the influence. The District Court, Laramie County, Nicholas G. Kalokathis, J., dismissed. Defendant appealed. Defendant brought action against the Department seeking declaration that statute allowing the Department to suspend commercial licenses was unconstitutional. The District Court, Laramie County, Peter G. Arnold, J., dismissed. Defendant appealed. Cases were consolidated. The Supreme Court, Burke, J., held that defendant failed to preserve for review issue of hearing examiner’s power to suspend his license because the issue should have been preserved in the administrative proceeding.

Escarcega v. State ex rel. Wyo. Dept. of Transp., 153 P.3d 264 (Wyo. 2007)

Motorist was not entitled to warning that his failure to submit to chemical test could result in the disqualification of his commercial driver’s license.

Bryant v. State ex rel. Wyoming Dept. of Transp., 55 P.3d 4 (2002)

IMPLIED CONSENT Motorist sought judicial review of Office of Administrative Hearing’s (OAH) order sustaining the implied consent suspension of his driver’s license as well as the disqualification of his commercial driver’s license. The District Court, Carbon County, Kenneth E. Stebner, J., affirmed. Motorist appealed. The Supreme Court, Lehman, J., held that: (1) motorist’s allegation that arresting officer lacked valid certification to conduct a chemical analysis of the motorist’s blood, breath, or urine was irrelevant, because motorist had refused chemical testing, and (2) arresting officer’s alleged failure to offer a chemical test that was “approved by the Department of Health (DOH)” was not a defense, under the circumstances.

Statutes

Adoption of Federal Regulations

What Constitutes a CMV

Major Disqualifying Offenses

Major Disqualifying Offenses (Alcohol)

Serious Traffic Offenses

Identification of Conviction

Masking Convictions

10-Day Posting Requirement

Other Licensing Information

Disqualifications (Railroad Crossings/Out of Service Orders)

Controlled Substances Information

Resources

News

Broadcast Library

Come To Order – Human Trafficking – Episode One

Come on the road with The National Judicial College Judicial Ambassadors as they educate judges on a wide variety of topics related to keeping America’s highways safe including CDL issues, masking, autonomous vehicles, human trafficking and more. If it happens on the highway, we talk about it here.

Episode One: An Overview of Human Trafficking for Judges – August 27, 2025

This episode is the first in a four-part series on human trafficking and what judges need to know to address this issue in their courts and communities. All episodes in the series were recorded during a judicial human trafficking leadership workshop held at The National Judicial College. This first episode focuses on the definition of human trafficking and when and where judges are likely to encounter victims and others.

Guests include:

Judge Gayle Williams-Byers, a judicial fellow at the NJC and a retired judge from Ohio. Aaron Ann Cole of Funfsinn of Hicks & Funfsinn in Lexington, Kentucky. Previously, she worked as a prosecutor in Cook County, Illinois, in the special prosecution unit in the Kentucky Attorney General’s Office, and in the special prosecution unit of the Fayette County Commonwealth Attorney’s Office. She is on the faculty at the National Judicial College.

Judge Chris Turner, a Magistrate Judge in the Third Judicial District in Shawnee County Kansas.

Come To Order – Human Trafficking – Episode Two

Come on the road with The National Judicial College Judicial Ambassadors as they educate judges on a wide variety of topics related to keeping America’s highways safe including CDL issues, masking, autonomous vehicles, human trafficking and more. If it happens on the highway, we talk about it here.

Episode Two: The Judge’s Guide to Understanding the Systems Behind Human Trafficking – August 29, 2025

This is the second episode in a series designed to help judges understand human trafficking. This episode focuses on the often complex systems behind human trafficking and help explain some of the challenges in adjudicating these cases.

Guests include:

Dr. Jeanne Allert, the founder and director of the Institute for Shelter Care, a national initiative to address gaps in service and quality for victims of exploitation. She is also the founder of The Samaritan Women. She holds a PhD in Counseling and Psychological Studies.

Lindsey Lane, the director of strategic engagement at the Human Trafficking Institute in Georgia. She formerly was a human trafficking prosecutor and assistant district attorney in North Carolina and a senior assistant district attorney in Tennessee’s Third Judicial District.

Why Judge? “Unmasking” Procedural Fairness and Empathy for Self-Represented Litigants in Court

Course Description:

This webcast explores the concept of “masking” by self-represented litigants (SRLs) holding a Commercial Driver License (CDL), and its impact on procedural fairness. Masking occurs in everyday court adjudication procedures. When adjudicating SRLs, the language needs to be and appear “respectable” and avoid negative judgments within the courtroom. The presentation will examine how court discretion, implicit expectations of respectability, and the absence of active listening and empathy can impact SRLs’ judgements. Participants will learn to exercise these abilities while still upholding judicial ethical duties. Participants will gain insights into fostering courtroom practices that uphold procedural fairness while recognizing and responding to masking behaviors.

 

Course Objectives:

After this course, participants will be able to:

● Define masking in the context of CDL self-represented litigants and explain how it impacts procedural fairness and perception of credibility in court.

● Describe how respectability norms, court discretion, and language expectations can denigrate the challenges with CDL-SRLs and identify strategies to mitigate these barriers while maintaining judicial ethics.

● Demonstrate the use of active listening and empathy to recognize and appropriately respond to masking behaviors with ethos, fostering fair and respectful courtroom interactions.

Impaired Driving and Alcohol/Drug Issues within Commercial Drivers’ License (CDL) and Commercial Motor Vehicle Cases

Course Description:

This national webcast provides judges with a comprehensive overview of current laws and emerging issues related to impaired driving within the context of Commercial Drivers’ License (CDL) and Commercial Motor Vehicles (CMV) cases. Topics include the federal and state legal frameworks governing alcohol and drug use among commercial drivers, with a particular focus on marijuana-related offenses and enforcement challenges.

 

Course Objectives:

After this course, participants will be able to:

● Identify current CDL/CMV alcohol and drug impaired driving elements and issues;

● Explain the concept of “masking” within CDL/CMV cases and recognize its state & federal impacts; and

● Reinforce foundational knowledge of current compliance requirements for CDL/CMV impaired driving cases.

Traffic Jam: How Commercial Drivers Impact Human Trafficking in Courts

Course Description:

This webcast explores the complex and pressing issue of human trafficking (both labor and sex) through the lens of judicial leadership and commercial transportation. This session sheds light on how commercial motor vehicle (CMV) drivers can play a pivotal role in perpetuating and preventing human trafficking crimes. Participants are guided through foundational frameworks, federal and state legal structures, and real-world implications of trafficking. Emphasis is placed on breaking myths, spotting signs of exploitation, and fostering proactive judicial responses in local contexts.

 

Course Objectives:

After this course, participants will be able to:

  • Understand the forms, tactics, and prevalence of human trafficking, including distinctions between sex and labor trafficking.

  • Gain practical strategies for identifying trafficking indicators and effectively respond to cases in judicial and community contexts, and

  • Comprehend the unique legal frameworks affecting Commercial Driver’s License (CDL) holders, particularly the implications of trafficking-related convictions under the No Human Trafficking on Our Roads Act.

Come to Order – Autonomous Vehicles – Episode Four

Come on the road with The National Judicial College Judicial Ambassadors as they educate judges on a wide variety of topics related to keeping America’s highways safe including CDL issues, masking, autonomous vehicles, human trafficking and more. If it happens on the highway, we talk about it here.

Episode Four: Autonomous Vehicles – January 16, 2025

In this fourth and final episode on autonomous vehicles, Judges Fowler and Williams-Byers analyze the probable cause and privacy issues that arise with autonomous vehicles. How are level one and two autonomous vehicles hindering basic traffic stops today and what happens if police stop a fully autonomous vehicle with no driver? Judges, listen to find out!