Driving While Under the Influence

State of Wyoming v. J.J.—2018

Jurisdiction:     Campbell County Circuit Court

Charges:           Driving Under the Influence; No Insurance; Expired Registration

Defense:          Defendant was stopped and subsequently arrested for DWUI and had a breath test in excess of the   legal limit. Defense Counsel filed a Motion to Suppress alleging that the Police Office lacked probable   cause to arrest the Defendant.  At the Motion Hearing Mr. Carter established that Defendant had no   poor driving and had performed well on the field sobriety maneuvers.  Prosecution argued that   Defendant had failed the Horizontal Gaze Nystagmus Test (Eye Test).  Mr. Carter cross examined the   police officer with regard to the scientific reliability of the Horizontal Gaze Nystagmus test.  The Court   found lack of probable cause for the arrest.

Disposition:     Defendant's Motion to Suppress granted. Case Dismissed.

State of Wyoming v. C.P.—2017

Jurisdiction:     Campbell County Circuit Court

Charges:           Driving Under the Influence; No Insurance; Expired Registration

Defense:          Defense Counsel filed a Motion to Suppress for Illegal Continued Detention. Defendant was stopped   for speeding by a law enforcement officer.  That officer did not observe any signs of intoxication, but   requested a back up officer to respond and investigate a potential DWUI.  Defense Counsel argued at   the Motion Hearing that the continued detention of the Defendant without facts supporting an   extended investigation violated the Defendant's Fourth Amendment Rights. 

Disposition:     Defendant's Motion to Suppress granted. Case dismissed following the State's Writ of Review being   denied.

State of Wyoming v. W.W.—October 2016

Jurisdiction:         Campbell County Circuit Court

Charge:                Driving While Under the Influence

Defense:              Mr. Carter successfully argued that the defendant's blood alcohol test should be suppressed       because the arresting officer did not correctly follow Wyoming statute when obtaining blood test,       and that therefore the test was not valid.

Disposition:         Motion to Suppress  the Blood Test Results, GRANTED.

State of Wyoming v. R.L.—2015

Jurisdiction:          Campbell County Circuit Court

Charge:                 Driving While Under the Influence

Defense:               Counsel argued at a Motion to Suppress hearing that the Officer’s testimony did not match the        Officer’s on-board dash camera and thus successfully put the credibility of the Officer’s testimony        at issue.  Counsel argued because of the lack of credibility that the Officer did not have probable        cause to arrest the Defendant.  

Disposition:          Motion to Suppress the Observations of the Officer and the Blood Test Results, GRANTED.

State of Wyoming v. G.F.—2015

Jurisdiction:          Campbell County Circuit Court

Charge:                 Driving While Under the Influence

Defense:                 Defendant was alleged to have been Driving Under the Influence on his own personal property.  Counsel argued at a Motion to Suppress hearing that the Officer did not follow the “Implied Consent Statute” and thus any chemical tests taken as a result of the Defendant's driving on his personal, private property should be suppressed. 

Disposition:          Motion to Suppress Blood Test Results, GRANTED.

State of Wyoming v. V.M.—2015

Jurisdiction:           Campbell County Circuit Court

Charges:                 Driving While Under the Influence- Alcohol and Marijuana

Defense:                 Defendant was alleged to have been Driving Under the Influence of both Alcohol and a Controlled Substance.  The Defendant refused the breath test and a Search Warrant was obtained.  Counsel argued the applicability of a new Wyoming Supreme Court case (State v. Snell, 2014 WY 46) to the specifics of the Defendant’s case, primarily that the Officer did not put sufficient facts in his affidavit for a Search Warrant. 

Disposition:          Motion to Suppress Blood Test Results due to a faulty Search Warrant, GRANTED.

State of Wyoming v. J.R.—2015

Jurisdiction:          Campbell County Circuit Court

Charge:                 Driving While Under the Influence

Defense:               Defendant was alleged to have been Driving Under the Influence Alcohol.  The purpose for the        Deputy pulling the Defendant over was failure to use a turn signal.  Counseland the Defendant        retained an expert witness to show that the Defendant was likely using his turn signal and thus the        Deputy likely did not have "reasonable, articulable suspicion" to come into contact with the        Defendant. 

Disposition:          Driving While Under the Influence charge, DISMISSED.  

State of Wyoming v. K.S.--2011

Jurisdiction:     Campbell County Circuit Court
Charges:           Driving While Under the Influence (Alcohol)
Defense:          Mr. Carter argued that Defendant’s performance on the Field Sobriety Maneuvers and the weather   conditions were evidence that Defendant was not too intoxicated to drive.
Disposition:     Acquitted at Jury Trial.

State of Wyoming v. P.S.--2010

Jurisdiction:     Campbell County Circuit Court
Charges:           Driving While Under the Influence
Defense:           Mr. Carter filed a Motion to Suppress alleging that law enforcement failed to articulate a reasonable    articulate suspicion stop and detain Defendant.
Disposition:      Dismissed. Motion to Suppress granted.

State of Wyoming v. J.J.--2009

Jurisdiction:     Campbell County Circuit Court
Charges:           Driving While Under the Influence (Alcohol)
Defense:           Mr. Carter argued that being intoxicated and sleeping in a motor vehicle was not being in actual    physical control of a motor vehicle as required by the DWUI statute.
Disposition:      Acquitted at Jury Trial.

**Mr. Carter has successfully argued for acquittals with similar facts in 13 other jury trials.

State of Wyoming v. W.C.--2008

Jurisdiction:     Campbell County Circuit Court
Charges:          Driving While Under the Influence (Alcohol)
Defense:          Law enforcement lacked probable cause for the arrest of Defendant.
Disposition:    Dismissed. Motion to Suppress granted.

State of Wyoming v. D.U.--2007

Jurisdiction:     Campbell County Circuit Court
Charges:           Driving While Under the Influence (Alcohol)
Defense:          Mr. Carter filed a Motion to Suppress on behalf of Defendant citing outrageous police conduct. Law   enforcement waited until after an intoxicated individual walked across a parking lot and entered and   drove his vehicle when law enforcement had a duty to the safety of the public to stop Defendant from   entering his vehicle.
Disposition:     Dismissed.* Motion to Suppress granted.

State of Wyoming v. J.R.--2007 

Jurisdicition:    Weston County Circuit Court
Charges:           Driving While Under the Influence (Alcohol)
Defense:           Mr. Carter argued that Defendant’s breath test, which exceeded the legal limit, did not accurately   demonstrate his blood-alcohol content at the time he was driving.
Disposition:     Acquitted at Jury Trial.

State of Wyoming v. J.F.--2004

Jurisdiction:     Crook County District Court
Charges:           Aggravated DWUI
Defense:          Defendant was visiting Wyoming on his motorcycle during the Sturgis Rally. Outside of Hulett,   Wyoming, his motorcycle and another motorcycle traveling in the opposite direction collided, causing   the passenger on the other motorcycle to lose one of her legs and miscarry a child. The State   presented evidence that Defendant’s blood was drawn and that blood sample was nearly 3 times the   legal limit at .20. Mr. Carter presented evidence that Defendant had not been drinking and that the   blood sample possessed by the Wyoming State Highway Patrol was either tampered with or the   wrong blood sample because of irregularities with the blood sample.
Disposition:     Acquitted at Jury Trial.



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