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

 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.