Tuesday, July 2, 2013

Motion Practice Can Limit or Dismiss Evidence in DUI Case

by Gig Wyatt
Attorney at Law
Motion practice is another effective way to limit evidence from the prosecution. It can lead to a dismissal if enough evidence is suppressed. A recent motion to limit evidence submitted by Gig Wyatt limited the testimony of the arresting officer regarding the Horizontal Gaze Nystagmus(HGN), a field sobriety test commonly used in DUII cases. 

In that case, the officer obtained 2 clues of impairment know as “lack of smooth pursuit” while observing the defendant’s eyes. He was unable to get additional clues known as “nystagmus at maximum deviation” and “nystagmus prior to 45 degrees.”  The FST testing manual requires that the test be done in a complete manner in order to be scientifically valid. Since he did not get at least 4 of the 6 clues ( he only got 2), Wyatt requested that he not be able to testify that he observed 2 clues of impairment. 

An expert for the prosecution was consulted who agreed with Wyatt. The prosecution conceded that the test was not performed as technically required and the court agreed to limit the evidence so that the officer could not testify as to those clues of impairment.   Seemingly minor steps such as this to limit the  evidence battle often prove helpful in winning the war.


 Gig Wyatt
Attorney 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.