Monday, August 27, 2018

DUI - DMV License Suspension Dismissed


A Police officer saw defendant attempt to take a drink from a container containing alcohol and made a stop of defendant.  He began a DUII investigation by requesting field sobriety tests.  Defendant refused the field sobriety tests and was subsequently arrested.  Gig Wyatt, defendant’s attorney, successfully defended, arguing that the police officer did not have sufficient probable cause to make the arrest, resulting in a dismissal of a proposed suspension from DMV.

“The DMV hearing is important not only to try and restore driving privileges, but to find information that we can also use to defend the DUII in court,” Wyatt stated.  “You are not required to take the FST’s and I would not advise a person to do them.  My client properly said she did not want to perform the tests and the officer did not have enough evidence to make the arrest.” 


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.

Gig Wyatt, Attorney at Law

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

DUII Charges Dismissed in Court - Unlawful Entry


Defendant hit a car in Salem and left the scene without exchanging information.  The person whom she hit took a quick photo and was able to give the license plate to police,  who ran her plate, went to her home and  saw her pull into her garage. 

The police entered her garage to identify her and make an arrest.  She was charge with DUI and Fail to Perform Duties of a Driver.   Gig Wyatt, for the defense, argued that the police entry into the garage was an unlawful search.  The judge agreed and suppressed all of the evidence taken from the illegal entry, resulting in a dismissal. 

“Some law enforcement are unaware that entry into one’s garage may be unlawful without a warrant,” Wyatt noted.  “When we investigate a case, we are looking for not only factual issues, but legal defenses based on overreaching police work.”
 





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.

Gig Wyatt, Attorney at Law

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

Saturday, January 27, 2018

DUII Case Dismissed - Unlawful Entry


The investigating officer arrived at the Defendant’s house to investigate a possible DUII involving an accident.  The officer believed the driver of the vehicle was inside the house, but did not have a warrant to search the house, nor did he have probable cause to enter. 

At the motion to suppress hearing, the officer testified that the Defendant’s mother voluntarily consented to allow the officer inside the house and enter the Defendant’s closed bedroom.  The Defendant’s mother, who answered the door, also testified at the motion hearing and testified that the officer ordered his way into the house, and no voluntary consent to enter was ever given. 

The Judge ruled in the Defendant’s favor, finding that the investigating officer did not have lawful authority to enter the home and the Defendant’s bedroom.  “The home is provided special protection under the law,” said defense attorney Randall Snow.  To lawfully enter a private home, the police need either a search warrant or the entrance needs to be authorized under an exception to the warrant requirement which the State could not prove.  Snow continued, “motions to suppress evidence are how we challenge the lawfulness of police action, and here the Judge correctly found that the police had exceeded the bounds of the law.  The case was properly dismissed.”

 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.

Randall W. Snow
Harris, Wyatt & Amala, LLC
5778 Commercial St SE
Salem, OR 97306
Phone: (503) 378-7744
Fax:        (503) 378-1013