Monday, March 20, 2017

DUI Case Dismissed - Unlawful Stop

Daniel was stopped by police because his rear window was broken.  He had temporarily covered  the  window with plastic to keep the rain out. The police alleged this constituted a traffic violation which justified the traffic stop. After field sobriety testing and a breath test well over the legal limit, Daniel was charged with DUII and Driving While suspended.  Through a motion to suppress evidence, the defense challenged the lawfulness of the stop. 

The Judge agreed with the defense that the reason for the stop was unlawful, and suppressed all evidence the state gathered after the stop including the identity of the Defendant, the field sobriety tests and the breath test.  “This case strongly illustrates the value of establishing an unlawful stop,” said defense attorney Randall Snow.  “When an unlawful stop is established, the State rarely has enough evidence to proceed with the case and will typically dismiss as they did here.”

Another case won by Randall Snow, an attorney at Harris, Wyatt & Amala, LLC. His practice focuses on criminal defense and personal injury law.

Gig Wyatt, Randall Snow, Byron Farley
Salem DUI Defense

Attorneys at Law Harris, Wyatt, and Amala
5778 Commercial St SE Salem Or 97306
503-378-7844

 Information about the " Actual Cases" is provided here only for educational purposes related to real life situations in DUI defense. This information should not be interpreted as having the same results for your case, legal advice, nor substituted for the specific legal advice of an experienced attorney.

False Accusation - Domestic Violence Case Dismissed

After being falsely accused of domestic violence assault, Ken was emotionally devastated. Although he knew he was innocent, the alleged victim told the police that Ken had pushed her down to the ground and slammed a door on her back and head. Despite the lack of physical or medical evidence, the State proceeded with the case. As the trial date approached, it was clear to the defense that the alleged victim had not been truthful with police and was becoming worried about committing perjury by repeating her false allegations under oath.

Evidence of her bias and hatred for Ken had been uncovered in cell phone records, emails, Internet postings, and witness interviews. “A jury trial is the great equalizer in our justice system,” said defense attorney Randall Snow, “it becomes very difficult for an untrue story to hold up while being questioned under oath.” Ultimately, all charges were dismissed. “Being falsely accused of a crime is extremely difficult to put behind you,” said Snow, “the stigma and damage to one’s reputation can last a long time.”

Another case won by Randall Snow, an attorney at Harris, Wyatt & Amala, LLC. His practice focuses on criminal defense and personal injury law.

Gig Wyatt, Randall Snow, Byron Farley
Salem DUI Defense

Attorneys at Law Harris, Wyatt, and Amala
5778 Commercial St SE Salem Or 97306
503-378-7844

 Information about the " Actual Cases" is provided here only for educational purposes related to real life situations in DUI defense. This information should not be interpreted as having the same results for your case, legal advice, nor substituted for the specific legal advice of an experienced attorney.

Wednesday, January 6, 2016

Loss of Video Recording Triggers Possible Suppression of Evidence

A Marion Co Circuit court ruled that all observations made by an officer, including the driving violations, contact by officer, and subsequent arrest, must be suppressed due to the fact that the officer’s video recording stopped during the arrest.

Gig Wyatt, a Salem, Oregon criminal defense attorney, argued that the observations recorded by the officer would have corroborated his testimony, that the recording offered an unbiased view for the jury, and that the loss of  the recording should result in suppression of the observations made by the officer. 

The State argued that the loss of the evidence was inadvertent, not willful, and that the defense failed to show that there would have been evidence favorable to the defense that was lost. Wyatt argued that the recording would have shown that defendant’s speech and balance were unimpaired. In other words, the recording would have shown evidence favorable to the defense.  


The court agreed with Wyatt, ruling that, though inadvertent, the loss of the recording means that the State cannot produce any evidence of the driving or other observations made by the officer.  This case is still pending before the court, but Wyatt said “ without the evidence of the driving or other observations necessary to arrest  defendant, I believe they cannot go forward.”  We will follow up to determine the outcome of this case. Given the focus on recording by police, both sides are watching this case to determine the outcome.

Gig Wyatt, Randall Snow, Byron Farley
Salem DUI Defense

Attorneys at Law Harris, Wyatt, and Amala
5778 Commercial St SE Salem Or 97306
503-378-7844

 Information about the " Actual Cases" is provided here only for educational purposes related to real life situations in DUI defense. This information should not be interpreted as having the same results for your case, legal advice, nor substituted for the specific legal advice of an experienced attorney.

Thursday, August 27, 2015

Police Failed to Perform Duties of an Officer

Mr Wyatt’s client was arrested for DUII and Fail to Perform Duties of a Driver, commonly known as Hit and Run.  She had allegedly run into a power pole, left the scene and driven a short distance home.

 Police, given only the description of driver with “long hair,” went to her home.  Her husband answered the door and, while the police observed he was bald, asked him to get his wife to the door.  He tried, but advised them he could not arouse her.

They threatened to arrest him if he did not bring her to the door. He did so, she was questioned,  made incriminating statements, and was arrested.  In court,  Gig Wyatt argued that the police could not use her husband as an agent of the police, threaten him with criminal prosecution and require him to get her. He also pointed out that the police did not possess probable cause. The court agreed.

Her license suspension was overturned and all criminal charges were dismissed.  The defendant was diversion eligible.  Wyatt pointed out “we encouraged her to fight this case, due to the overbearing and illegal conduct on the part of law enforcement.”


Gig Wyatt, Randall Snow, Byron Farley
Salem DUI Defense
Attorneys at Law Harris, Wyatt, and Amala
5778 Commercial St SE Salem Or 97306
503-378-7844

 Information about the " Actual Cases" is provided here only for educational purposes related to real life situations in DUI defense. This information should not be interpreted as having the same results for your case, legal advice, nor substituted for the specific legal advice of an experienced attorney.

Thursday, March 5, 2015

Jury Finds Not Guilty in DUII Case

A Washington County jury finds the defendant Not Guilty of Driving Under the Influence on February 24, 2015.

Stock photo - not a picture of defendant

The defendant was arrested outside of a popular nightclub at 3:30 a.m. 

The nightclub bouncer testified that he had observed the defendant inside the club earlier in the evening, showing signs of intoxication.  After “last call,” the defendant went to his truck and began doing “burn outs” in the club parking lot. 

Security from the club quickly approached defendant, handcuffed him, and called the police.  The Tigard Police Department arrived and conducted a DUII investigation.  Defendant ultimately failed the field sobriety tests and took a breath test which was over .08% BAC.

At trial, defendant was represented by attorney Byron Farley.  Mr. Farley drew the jury’s attention to the lack of reliable evidence regarding movement of the vehicle and defendant’s intoxication.  Mr. Farley emphasized the potential bias of the security officer and pointed to the inconsistencies from the various witnesses. 

Mr. Farley’s theme of “inconsistent testimony and unreliable evidence” seemed to resonate with the jury, which acquitted defendant of all charges after just 30 minutes of deliberations. 

Attorney Byron Farley is an associate in the law firm of Harris, Wyatt, Amala, LLC.

Gig Wyatt, Randall Snow, Byron Farley
Attorneys at Law Harris, Wyatt, and Amala
5778 Commercial St SE Salem Or 97306
503-378-7844

 Information about the " Actual Cases" is provided here only for educational purposes related to real life situations in DUI defense. This information should not be interpreted as having the same results for your case, legal advice, nor substituted for the specific legal advice of an experienced attorney.

 

Wednesday, August 13, 2014

Felony Charges Dismissed with Motion to Suppress Evidence


Court Finds Jail Inventory Policy
Not Up to Constitutional Standards

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Defendant was taken into custody on drug charges after being stopped from a citizen report.   At the jail, his property was inventoried.  Additional contraband and evidence of ID Theft and other fraudulent activity was found.  

The State obtained a search warrant of his home and additional drugs were found.

“Always get a jail inventory policy.” Gig Wyatt, DUI defense attorney, pointed out.  

A motion to suppress evidence was filed and a suppression hearing was held. The court found that the jail inventory policy was not up to constitutional standards and suppressed all evidence discovered at the jail.  
The search of the home was also suppressed as the court found that the search warrant was based on the tainted evidence found in the jail inventory search.  During the suppression hearing, the D.A. then offered to dismiss those charges in exchange for a guilty plea on the remaining drug charge, which was based upon the drugs found in the car. The defense rejected that offer and the suppression hearing continued. The court found that the search of the vehicle was unlawful as well, resulting in dismissal of all 9 felony counts.


Gig Wyatt, Randall Snow, Attorneys at Law Harris, Wyatt, and Amala
5778 Commercial St SE Salem Or 97306
503-378-7844

 Information about the " Actual Cases" is provided here only for educational purposes related to real life situations in DUI defense. This information should not be interpreted as having the same results for your case, legal advice, nor substituted for the specific legal advice of an experienced attorney.

Monday, June 23, 2014

Not Guilty on a .21% Felony DUII


A jury returned a verdict of Not Guilty on a felony DUII  in Marion Co. circuit court on June 18, 2014. 

Witnesses testified that defendant was intoxicated when he entered a bar and was asked to leave. Police were contacted and arrested defendant as he was in front of the bar. He was also charged with Resisting Arrest as the police testified he struggled while being arrested.

A witness testified that he saw the defendant’s vehicle drive by the bar and later saw the defendant outside his vehicle in the parking lot of the bar. The police took pictures of the defendant’s vehicle in the parking lot, parked crooked and extending several feet out further than the other vehicles. 

Defendant’s attorney, Gig Wyatt, pointed out that police had not confirmed the time between the sighting of his vehicle driving by and the time he was seen in the parking lot.

“Their investigation left out the most important component of the case, that is, when did defendant drive and was he intoxicated when he drove,” Wyatt noted to the jury. The jury returned a verdict of Not Guilty on the Felony DUII and Resisting Arrest.


Gig Wyatt, Randall Snow Attorneys at Law Harris, Wyatt, and Amala
5778 Commercial St SE Salem Or 97306
503-378-7844

 Information about the " Actual Cases" is provided here only for educational purposes related to real life situations in DUI defense. This information should not be interpreted as having the same results for your case, legal advice, nor substituted for the specific legal advice of an experienced attorney.