Thursday, August 27, 2015

Police Failed to Perform Duties of an Officer

Mr Wyatt’s client was arrested for DUII and Fail to Perform Duties of a Driver, commonly known as Hit and Run.  She had allegedly run into a power pole, left the scene and driven a short distance home.

 Police, given only the description of driver with “long hair,” went to her home.  Her husband answered the door and, while the police observed he was bald, asked him to get his wife to the door.  He tried, but advised them he could not arouse her.

They threatened to arrest him if he did not bring her to the door. He did so, she was questioned,  made incriminating statements, and was arrested.  In court,  Gig Wyatt argued that the police could not use her husband as an agent of the police, threaten him with criminal prosecution and require him to get her. He also pointed out that the police did not possess probable cause. The court agreed.

Her license suspension was overturned and all criminal charges were dismissed.  The defendant was diversion eligible.  Wyatt pointed out “we encouraged her to fight this case, due to the overbearing and illegal conduct on the part of law enforcement.”


Gig Wyatt, Randall Snow, Byron Farley
Salem DUI Defense
Attorneys 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.

Thursday, March 5, 2015

Jury Finds Not Guilty in DUII Case

A Washington County jury finds the defendant Not Guilty of Driving Under the Influence on February 24, 2015.

Stock photo - not a picture of defendant

The defendant was arrested outside of a popular nightclub at 3:30 a.m. 

The nightclub bouncer testified that he had observed the defendant inside the club earlier in the evening, showing signs of intoxication.  After “last call,” the defendant went to his truck and began doing “burn outs” in the club parking lot. 

Security from the club quickly approached defendant, handcuffed him, and called the police.  The Tigard Police Department arrived and conducted a DUII investigation.  Defendant ultimately failed the field sobriety tests and took a breath test which was over .08% BAC.

At trial, defendant was represented by attorney Byron Farley.  Mr. Farley drew the jury’s attention to the lack of reliable evidence regarding movement of the vehicle and defendant’s intoxication.  Mr. Farley emphasized the potential bias of the security officer and pointed to the inconsistencies from the various witnesses. 

Mr. Farley’s theme of “inconsistent testimony and unreliable evidence” seemed to resonate with the jury, which acquitted defendant of all charges after just 30 minutes of deliberations. 

Attorney Byron Farley is an associate in the law firm of Harris, Wyatt, Amala, LLC.

Gig Wyatt, Randall Snow, Byron Farley
Attorneys 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.