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