Driving While Under the Influence

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 thelegal 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 nopoor 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 Courtfound 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 stoppedfor speeding by a law enforcement officer. That officer did not observe any signs of intoxication, butrequested a backup officer to respond and investigate a potential DWUI. Defense Counsel argued atthe Motion Hearing that the continued detention of the Defendant without facts supporting anextended 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 suppressedbecause the arresting officer did not correctly follow Wyoming statute when obtaining the blood test and that therefore the test was not valid.

Disposition:

Motion to Suppressthe 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 theOfficer’s on-board dash camera and thus successfully put the credibility of the Officer’s testimonyat issue. Counsel argued because of the lack of credibility that the Officer did not have probablecause 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 “ImpliedConsent Statute” and thus any chemical tests taken as a result of the Defendant's driving on hispersonal, 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 ControlledSubstance. The Defendant refused the breath test and a Search Warrant was obtained. Counselargued 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 hisaffidavit 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 theDeputy pulling the Defendant over was failure to use a turn signal.Counsel and the Defendantretained an expert witness to show that the Defendant was likely using his turn signal and thus theDeputy likely did not have "reasonable, articulable suspicion" to come into contact with theDefendant.

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 weatherconditions 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 reasonablearticulate 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 actualphysical 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. Lawenforcement waited until after an intoxicated individual walked across a parking lot and entered anddrove his vehicle when law enforcement had a duty to the safety of the public to stop Defendant fromentering his vehicle.

Disposition:

Dismissed.* Motion to Suppress granted.

 

State of Wyoming v. J.R.--2007 

Jurisdiction:

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, causingthe passenger on the other motorcycle to lose one of her legs and miscarry a child. The Statepresented evidence that Defendant’s blood was drawn and that blood sample was nearly 3 times thelegal limit at .20. Mr. Carter presented evidence that Defendant had not been drinking and that thesample possessed by the Wyoming State Highway Patrol was either tampered with or thewrong blood sample because of irregularities with the blood sample.

Disposition:

Acquitted at Jury Trial.




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