Monday, March 20, 2017

DUI Case Dismissed - Unlawful Stop

Daniel was stopped by police because his rear window was broken.  He had temporarily covered  the  window with plastic to keep the rain out. The police alleged this constituted a traffic violation which justified the traffic stop. After field sobriety testing and a breath test well over the legal limit, Daniel was charged with DUII and Driving While suspended.  Through a motion to suppress evidence, the defense challenged the lawfulness of the stop. 

The Judge agreed with the defense that the reason for the stop was unlawful, and suppressed all evidence the state gathered after the stop including the identity of the Defendant, the field sobriety tests and the breath test.  “This case strongly illustrates the value of establishing an unlawful stop,” said defense attorney Randall Snow.  “When an unlawful stop is established, the State rarely has enough evidence to proceed with the case and will typically dismiss as they did here.”

Another case won by Randall Snow, an attorney at Harris, Wyatt & Amala, LLC. His practice focuses on criminal defense and personal injury law.

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.