Monday, August 27, 2018

DUI - DMV License Suspension Dismissed


A Police officer saw defendant attempt to take a drink from a container containing alcohol and made a stop of defendant.  He began a DUII investigation by requesting field sobriety tests.  Defendant refused the field sobriety tests and was subsequently arrested.  Gig Wyatt, defendant’s attorney, successfully defended, arguing that the police officer did not have sufficient probable cause to make the arrest, resulting in a dismissal of a proposed suspension from DMV.

“The DMV hearing is important not only to try and restore driving privileges, but to find information that we can also use to defend the DUII in court,” Wyatt stated.  “You are not required to take the FST’s and I would not advise a person to do them.  My client properly said she did not want to perform the tests and the officer did not have enough evidence to make the arrest.” 


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.

Gig Wyatt, Attorney at Law

Harris, Wyatt & Amala, LLC
5778 Commercial St SE
Salem, OR 97306
Phone: (503) 378-7744
Fax:        (503) 378-1013
 

DUII Charges Dismissed in Court - Unlawful Entry


Defendant hit a car in Salem and left the scene without exchanging information.  The person whom she hit took a quick photo and was able to give the license plate to police,  who ran her plate, went to her home and  saw her pull into her garage. 

The police entered her garage to identify her and make an arrest.  She was charge with DUI and Fail to Perform Duties of a Driver.   Gig Wyatt, for the defense, argued that the police entry into the garage was an unlawful search.  The judge agreed and suppressed all of the evidence taken from the illegal entry, resulting in a dismissal. 

“Some law enforcement are unaware that entry into one’s garage may be unlawful without a warrant,” Wyatt noted.  “When we investigate a case, we are looking for not only factual issues, but legal defenses based on overreaching police work.”
 





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.

Gig Wyatt, Attorney at Law

Harris, Wyatt & Amala, LLC
5778 Commercial St SE
Salem, OR 97306
Phone: (503) 378-7744
Fax:        (503) 378-1013
 

Saturday, January 27, 2018

DUII Case Dismissed - Unlawful Entry


The investigating officer arrived at the Defendant’s house to investigate a possible DUII involving an accident.  The officer believed the driver of the vehicle was inside the house, but did not have a warrant to search the house, nor did he have probable cause to enter. 

At the motion to suppress hearing, the officer testified that the Defendant’s mother voluntarily consented to allow the officer inside the house and enter the Defendant’s closed bedroom.  The Defendant’s mother, who answered the door, also testified at the motion hearing and testified that the officer ordered his way into the house, and no voluntary consent to enter was ever given. 

The Judge ruled in the Defendant’s favor, finding that the investigating officer did not have lawful authority to enter the home and the Defendant’s bedroom.  “The home is provided special protection under the law,” said defense attorney Randall Snow.  To lawfully enter a private home, the police need either a search warrant or the entrance needs to be authorized under an exception to the warrant requirement which the State could not prove.  Snow continued, “motions to suppress evidence are how we challenge the lawfulness of police action, and here the Judge correctly found that the police had exceeded the bounds of the law.  The case was properly dismissed.”

 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.

Randall W. Snow
Harris, Wyatt & Amala, LLC
5778 Commercial St SE
Salem, OR 97306
Phone: (503) 378-7744
Fax:        (503) 378-1013

Monday, September 25, 2017

Not Guilty on Sex Abuse

Criminal Defense Case - Salem Oregon 

A Marion County jury returned a verdict of Not Guilty on a Sex Abuse case recently.  Gig Wyatt, for the defense, felt that the case turned on the credibility of the complaining witness.  Though she testified that she called the police within an hour of the event, call records showed that the call came in the following day.  She also testified that she called from her home, but Wyatt pointed out that the call originated from a law office downtown.  “I think the jury felt she may have had an alternative motive, perhaps that she contacted a lawyer the next day and was setting him up for a lawsuit,” Wyatt said.

These were 2 adults who were not known to each other. 

Gig Wyatt has been in practice in Oregon for over 30 years and specializes in criminal defense.  He is a partner in the law firm of Harris, Wyatt, Amala LLC in Salem.


 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.

Criminal defense Salem Oregon 

Tuesday, July 25, 2017

Not Guilty in Measure 11 Assault



Criminal defense attorney Gig Wyatt tried a 2 day case in Polk Co recently in
which the defendant was acquitted of the Measure 11 charge of Assault in the 2nd degree.


The complainant testified that defendant struck her repeatedly, reporting the she struck her head and damaged drywall in the home and left her unconscious.  She testified that she was knocked out, broke both her wrists and also broke her ribs. The defense acknowledged that she broke her wrists, but elicited testimony that she struck defendant “as hard as I could.” 

Wyatt also introduced her hospital records which noted “no LOC” (loss of consciousness).  The crime scene photos showed pictures of the drywall, but it was found that the damage was not from her head, but more likely from damage she purposely caused to stage the scene.  “It was important to show her lack of credibility, the changes in her testimony, and the unlikely chain of events which she reported,” according to Wyatt.  “Her own hospital records impeached her.”

Gig Wyatt is a partner in the law firm of Harris, Wyatt, Amala, LLC and has been in practice for over 30 years.

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, 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.