Friday, September 14, 2012

“Quick Arrest” Allows for DUI Dismissal


A verdict was returned of Not Guilty in a felony duii in Marion County last week.  The police officer testified that he stopped the defendant for rapid acceleration and thought he may be trying  to elude the officer. The defendant refused Field Sobriety Tests but the defense suppressed the refusal since the officer failed to advise of the consequences of that refusal. Though  a small victory in the larger scheme, that suppression made it clear that the officer made a “quick arrest” without sufficient investigation. The officer later gave the advice of consequences and the defendant again refused FST’s. While that evidence was admitted, it was after the arrest.

Attorney Gig Wyatt argued that the 2
nd refusal was inconsequential, in that the defendant had already been arrested. The State pointed out evidence of defendant’s mood swings, derogatory comments and that he had urinated himself. The defense pointed out alternative explanations for  the State’s evidence. Defendant’s criminal history would have seriously enhanced his exposure to prison, given his history of duii’s. Felony DUII requires 2 prior convictions within 10 years under the most recent legislative change. The jury deliberated only 35 minutes before returning the verdict of Not Guilty.

Gig Wyatt
Harris, Wyatt, Amala, LLC.
5778 Commercial St. SE
Salem, OR 97306
503-378-7744
www.SalemDUI.com