Windish v. State
Decision Date | 21 December 1977 |
Docket Number | No. 9242,9242 |
Citation | 93 Nev. 636,572 P.2d 210 |
Parties | Steve Frank WINDISH, Appellant, v. The STATE of Nevada, Respondent. |
Court | Nevada Supreme Court |
Appellant sought judicial review of the decision of the Nevada Department of Motor Vehicles' hearing officer which concluded appellant had violated NRS 484.383 by refusing to submit to a chemical test to determine the alcohol content of his blood. 1 Appellant contended in the district court that the evidence adduced at the hearing was insufficient to identify him as the person charged with the offense. The district court rejected appellant's assignment of error and here appellant reasserts the same contention.
In reviewing the hearing officer's decision, this court is limited, as is the district court, to a review of the evidence presented at the hearing to determine if the decision was supported by the evidence. See Miller v. West, 88 Nev. 105, 493 P.2d 1332 (1972); cf. Nevada Industrial Comm'n v. Williams, 91 Nev. 686, 541 P.2d 905 (1975). In our view, there is substantial evidence to support that decision. See NRS 233B.140; cf. People v. Tunstall, 17 Ill.2d 160, 161 N.E.2d 300 (1959); State v. Johnson, 12 Wash.App. 40, 527 P.2d 1324 (1974).
Affirmed.
1 NRS 484.383 provides, in pertinent part:
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