Monday, January 7, 2013

Suppression of Evidence Results in Dismissal of DUII

Sometimes the case is won before trial. Attorney Gig Wyatt filed a motion to suppress evidence recently on a DUII case in Monmouth municipal court, outside of Dallas, Oregon. At issue was whether the officer compelled the defendant to take FST’s, whether evidence of defendant’s refusal to do some of  the FST’s could then be used against him, whether evidence the officer obtained to do the Horizontal Gaze Nystagmus test could be used, and whether the defendant’s refusal of the breath test was admissible.  The court suppressed sufficient evidence that the the prosecution elected to dismiss.  When evidence is suppressed which limits the ability of the prosecution to effectively prosecute “they really have to assess whether they have sufficient evidence to go forward and, in this case, they have elected to dismiss all charges pending against my client,” Wyatt said.  Suppression of evidence under the 4th Amendment is often a vital but overlooked aspect of criminal defense, and especially in DUII cases, where specialized knowledge about evidence, combined with the ability to spot  mistakes by the police,  can effectuate the desired result.

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