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Wilson v. Office of Hearing Examiner11/9/1992
The appellant, Robert E. Wilson, asks us to review the district court's order in which it affirmed the hearing examiner's decision to deny the appellant's request for probationary privileges to drive commercial motor vehicles while his private driver's license was suspended.
We affirm.
The appellant presents the following issues:
I. Whether the provisions of W.S. 1977, as amended, Section 31-17-105, prohibit the issuance of limited driving privileges to holders of commercial driver[']s licenses.
II. Whether the provisions of W.S. 1977, as amended, Section 31-17-105, pertain to on-duty violations, only.
III. Whether the provisions of W.S. 1977, as amended, Section 31-7-105, clarifies and/or modifies and/or controls Section 31-17-105.
IV. Whether W.S. 1977, as amended, Section 31-17-105, is unconstitutional when applied as it was in this case.
The appellee, State of Wyoming ex rel. Office of Hearing Examiner, phrases the issues as follows:
I. When a commercial vehicle operator receives a 90-day driver's license suspension for driving under the influence in a private vehicle, can the operator obtain limited driving privileges to operate a commercial vehicle during the suspension period?
II. Do W.S. 31-17-105(b) and 31-7-105(d) violate the equal protection guarantees of the United States Constitution or the Wyoming Constitution?
The appellant was a commercial truck driver. On March 11, 1991, he was driving his personal noncommercial motor vehicle on the South Greeley Highway when he was arrested for driving while under the influence in violation of Wyo. Stat. § 31-5-233 (1989). He pleaded guilty, and his driver's license was suspended. See Wyo. Stat. § 31-6-102 (1989). After receiving notice of the ninety-day suspension, the appellant requested a hearing.
A hearing was held on April 29, 1991, before the Independent Hearing Examiner of the State of Wyoming. The hearing examiner upheld the suspension but found that it would create an undue hardship on the appellant, so he modified the suspension by issuing a probationary driver's license. The probationary driver's license was valid only for medical emergencies, doctor appointments, errands during a specified time each week, and driving to and from work. The hearing examiner specifically noted that the probationary driver's license was not valid for commercial motor vehicle operation. Therefore, although the appellant could drive his personal car to and from work under the probationary driver's license, he could not perform his work because he could not operate commercial motor vehicles during the suspension of his driver's license.
The appellant petitioned the district court for a review of the hearing examiner's decision. The district court granted the petition for review and entered a stay of the suspension until all appellate review had been completed. The district court upheld the hearing examiner's ruling. The appellant lodged his appeal with this Court.
Limited Driving Privileges Under a Commercial Driver's License
The appellant argues that, because his arrest for DWUI took place while he was in his private vehicle and not while he was operating a commercial motor vehicle, the hearing examiner should have granted him limited privileges to operate a commercial motor vehicle during the suspension of his private driver's license. At the hearing, the hearing examiner commented:
We have a slight problem, Mr. Wilson, in that under Wyoming law, my office can issue what is called a probationary driver's license and under normal circumstances, we c
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