DWUI
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 backup 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.
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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 the 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.
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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. Counsel and 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.
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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.
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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
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.
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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 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.