Wyoming Supreme Court

The State of Wyoming on the Relation of Motor Vehicle Division, a State Agency, Petitioner v. Honorable John Holtz…

December 12, 19831983 Wyo. LEXIS 394

Summary

The court quashed the alternate writ and denied a peremptory writ because the Motor Vehicle Division's forms exceeded the statutory authorization and reflected an incorrect allocation of authority between the courts and the Division. Reading the governing statutes together, the court held that the Division, not the courts, suspends or revokes licenses, although only convictions under the specified Wyoming DWUI statute may be counted. The court also held that legislative directions requiring courts to collect licenses and issue temporary licenses violate the Wyoming Constitution's separation-of-powers provision.