Marijuana DUII Case Dismissed


The State dismissed an alleged marijuana-DUII after receiving the hospital records months after a rollover accident.  At the hospital, the Defendant admitted to police that she smoked marijuana regularly but had not smoked any the night of the accident.  The police did not believe the Defendant was telling the truth, and the State thought they could prove the Defendant was under the influence of marijuana at the time of the accident.  The case was scheduled for a jury trial. 

“Vital signs and clinical symptoms are often the most reliable indicator of whether or not someone was under the influence of marijuana,” commented Salem attorney Randall Snow.  “Detectable amounts of THC can remain in a person’s blood for days after use – even though the person is not under the influence,” he continued.  “In this case, the blood pressure, pulse, heart rate, body temperature, and other signs were not consistent with my client being under the influence.” 

Attorney Randall Snow was able to force the State to dismiss because they were unable to prove the case.

Randall Snow is a partner in the law firm of Harris, Wyatt, Amala, LLC and has been in practice for thirteen years in Salem and throughout the State of Oregon. 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
Randy Snow, Attorney at Law
Salem DUI Attorney, DUI and Criminal Defense


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

DUII Not Guilty .15% BAC - Blood Alcohol Content


Randall Snow won another DUII last week when a jury returned a Not Guilty verdict in 10 minutes.  An expert witness for the State concluded that defendant was between .11% and .24% BAC (blood alcohol content) at the time of driving.  The State’s expert referred to this as “retrograde extrapolation,” meaning that, while the breath test may be taken an hour or more after police contact, the BAC at the time of driving is most relevant.

“Retrograde extrapolation has been noted in medical journals as dubious,” Snow pointed out. Under cross-examination, Snow had the State’s expert admit as much, and he also pointed out other issues with the operation of the breath test.  The Polk Co jury took little time to return a verdict of Not Guilty.

Randall Snow is a partner in the law firm of Harris, Wyatt, Amala, LLC and has been in practice for thirteen years in Salem and throughout the State of Oregon. 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
Randy Snow, Attorney at Law
Salem DUI Attorney, DUI and Criminal Defense


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

Salem DUI Case Dismissed


Attorney Randall Snow was prepared  for trial last week when he noticed on the morning of trial that one of the police witnesses had photos the State had not provided.  They contained pics purported to be his client leaving a bar.  Noting that the case had identification issues, he asked for a Lawson hearing regarding unduly suggestive procedures in identifying a suspect.  After careful cross-examination of the officer and the procedures he used, the court found that the identification was unduly suggestive and suppressed the identification of the defendant.  The State dismissed.  “It’s always nice to win on the morning of trial before the jury is even impaneled,” Snow reported. 

Randall Snow is a partner in the law firm of Harris, Wyatt, Amala, LLC.  He practices in Salem and throughout the State of Oregon. 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
Randy Snow, Attorney at Law
Salem DUI Attorney, Criminal Defense


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

Woman Charged with Manslaughter in DUI Crash in Salem Oregon

"A Turner woman is facing manslaughter, DUI and meth charges stemming from a 2018 car crash that killed her young daughter. 

Janie Amanda Miller, 33, was arrested Thursday on charges of first-degree manslaughter, DUI, methamphetamine possession and four counts of reckless endangerment. 
According to Salem police, she was involved in an April 7 crash at the intersection of Cordon Road and Lancaster Drive SE. 
Salem police spokesman Lt. Treven Upkes said Miller's car was traveling southbound on Cordon when it collided head-on with an SUV stopped in a turn lane waiting to turn north onto Lancaster."

full story > https://www.statesmanjournal.com/story/news/crime/2019/03/22/turner-mom-charged-manslaughter-salem-dui-crash-killed-toddler/3244790002/

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
Salem DUI Attorney, Criminal Defense


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

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
 

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