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Department of Revenue And Taxation v. Hull3/2/1988
nd of which he has reasonably trustworthy information are sufficient to cause a reasonably cautious police officer to believe that an offense has been committed.' People v. Nanes, 174 Colo. 294, 298-99, 483 P.2d 958, 961 (1971) (emphasis added). This probable cause approach has been adopted in the analysis of license revocation hearing issues, and requires case-by-case evaluation of the relevant facts and circumstances. Zamora v. Department of Rev., 616 P.2d 1003 (Colo. App. 1980)." Colorado Department of Revenue, Motor Vehicle Division v. Kirke, supra, 743 P.2d at 18.
See also Annot., 88 A.L.R.2d 1064.
Little need be said further in this case to find substantial evidence and justification from the terms of the report and the detail of the statements of this driver to find an adequate factual basis to sustain the order of suspension and hold that the officer had reasonable grounds to stop the driver and request that he submit to the test. It is unquestioned that the police officer, early in the morning, saw the driver doing something which caused his inquiry and concern and caused him to stop the vehicle. It is furthermore not disputed that, at the least, upon alighting the driver started to take a test and then refused to take further tests for no stated reason, or, conversely, took and failed four tests. Unquestionably, upon being advised of the obligation under the implied-consent law, the driver refused to submit to a test.
The philosophic basis of implied-consent laws was to move the inquiry from the subjective opinions and the objective observations and conclusions of the arresting officer to a circumstance of more mathematical certainty by chemical-analysis determination. Society has moved far too specifically in this direction for this court now to question the philosophic parameter or the legislative prerequisites in addressing one of the most socially pervasive difficulties of contemporary society.
We determine that the arresting officer form as prepared by the State of Wyoming is properly admissible as a public record and official document as an exception to the hearsay rule, pursuant to Rule 803(8), W.R.E., and that the right to confrontation and due process is protected and sustained provided that the accused driver is afforded an opportunity at his election and expense to subpoena the arresting officer for cross-examination. Snelgrove v. Department of Motor Vehicles, supra.
Reversed and remanded.
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