Monday, April 8, 2013

Motion to Suppress Wins DUII case



Gig Wyatt, a DUI Attorney in Salem, Oregon Wins Another DUI Case

At about midnight, Mr. M drove his Corvette off the road in a rural area where it came to rest in a field. A nearby farmer heard the commotion and called police. When police arrived, Mr M was covered in blood and being attended by medics. He was combative and refused medical attn. At the suppression hearing, the arresting officer testified that he urged Mr M to go with the medics, and if he had not, he would require him to do so.  The deputy attempted to convince the court that he was concerned that the driver may have a head injury.

 However, implicit in this action is that the police want the medics to take the driver to the hospital to get a blood draw. They have referred to this as a police hold for which there is no legal support in Oregon law. He was taken to a local hospital in Linn Co. where hospital staff drew blood and police learned that Mr M was a .21% BAC (blood alcohol content).
                At the suppression hearing, Mr M’s attorney, Gig Wyatt,  elicited favorable testimony from the arresting officer on cross examination, then  argued that the police lacked probable cause to have him taken to the hospital, a type of “constructive custody.” The court agreed, granting a motion to suppress evidence. When such a motion is granted, the evidence is suppressed from that point forward in time. Thus, the court ruled that no evidence after the initial police contact could be used by the state. Mr M is a truck driver with no criminal record. Victory for the defendant.

About Gig Wyatt

Mr. Wyatt has been a criminal defense lawyer since 1985 and has tried literally hundreds of jury trials. His practice focuses upon criminal defense and he specializes in DUII defense.  He is a graduate of Willamette University Law School and is a partner in the law firm of Harris, Wyatt and Amala LLC.

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.

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