Proceedings Petitions for Writ of Review District Court of
Albany County The Honorable Jeffrey A. Donnell, Judge
Michael Vang of R. Michael Vang, P.C., Laramie, Wyoming.
Austin-Belaski of City of Laramie Attorney Office, Laramie
BURKE, C.J., and HILL, DAVIS, FOX, and KAUTZ, JJ.
The City of Laramie's Municipal Ordinance 10.24.030(H)
created a class of aggravated offenders for those convicted
of driving while under the influence with an alcohol
concentration of 0.15% or more. Taylor Wofford and Kara
Walters were both convicted of driving while under the
influence and sentenced to the mandatory minimum pursuant to
the aggravated offender ordinance for alcohol concentrations
above 0.15%. Their convictions were upheld on appeal to the
Albany County District Court. Mr. Wofford and Ms. Walters
then filed separate petitions for writ of review. The cases
were consolidated, and the petitions were granted as to the
issues set forth below. We find that Laramie Municipal
Ordinance 10.24.030(H) flouts the uniformly applicable
statutes governing traffic regulations, and remand to the
district court for proceedings consistent with this opinion.
This Court accepted the following issues for review:
Wofford v. City of Laramie -- No. S-15-0226:
1. Is the Defendant's BAC level an element of an
"aggravated offender" DWUI charge pursuant to LMO
§ 10.24.030(H), which must be proven beyond a reasonable
2. Can the City of Laramie create a minimum mandatory jail
sentence for BAC results of 0.15% or more, which exceed the
punishment allowed for the same BAC level under Wyoming law?
Walters v. City of Laramie -- No. S-15-0227:
3. Did the trial court violate Ms. Walters' due process
rights, where the jury was instructed to find beyond a
reasonable doubt that the Defendant's BAC result was
eight one-hundredths of one percent (0.08%) or more, however,
the Defendant was sentenced to a minimum mandatory thirty
(30) day jail sentence for allegedly having a BAC result of
fifteen one-hundredths of one percent (0.15%) or more in
violation of the City of Laramie's "aggravated
offender" DUI charge? Because the second issue presented
by Mr. ...