Friday, June 22, 2012

Not Guilty on a .16% DUI



Randall Snow is an attorney at Harris, Wyatt, Amala LLC who specializes in criminal defense and DUII. Last month’s Not Guilty verdict on a .16% DUII was evident of his trial skills.  In that case, an officer observed defendant’s vehicle leaving a local brewery, then circled the block and noticed the vehicle in a shopping center parking lot. The defendant was walking away from the vehicle. The officer engaged the defendant.

He testified he observed signs of impairment, had defendant perform Field Sobriety Tests, and arrested the defendant for DUII. The defendant blew a .16% on the model 8000 intoxilyzer. Snow cross-examined the officer,  effectively utilizing testimony from his DMV hearing and pointing out inconsistencies with the officer’s testimony at that hearing and the trial.  He thus exposed the exaggeration of the officer with respect to the FST’s  Despite the officer’s testimony that defendant admitted he drove, Snow pointed out that he may have been covering for someone else who may have driven and exposed the officer’s poor investigation.  Snow pointed out the State had failed to prove anything about the breath test, let alone that it was reliable. A jury took only 30 minutes to find the defendant Not Guilty.

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Gig Wyatt , Attorney at Law, Harris, Wyatt & Amala, LLC , 5778 Commercial Street SE , Salem OR 97306
Salem Oregon DUII and Criminal Defense - (503) 378-7744, (503) 378-1013 Fax
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