Laramie, WY
DUI and DWI Lawyer at Laramie, WY
Practice Areas: DUI & DWI, Criminal Defense ... +2 more
OUTCOME: Remanded for further proceedings
Held that Wyoming Office of Administrative Hearings has "implied jurisdiction" to address the factual question whether law enforcement unreasonably interfered with an accused statutory right to get own ... chemical testing at own expense.
OUTCOME: Conviction Affirmed
Held that where prosecution cannot prove strict compliance with the approved scientific methods approved by the Wyoming Department of Health to create chemical testing measurements that the measurement ... s may still be admissible if the testing laboratory complied with Rules 702-705 of Wyoming Rules of Evidence.
OUTCOME: Held that the City of Laramie's Aggravated Offender Ordinance was preempted by Wyoming law
Holding Wyoming's DUI statutory scheme required uniformity and finding that City of Laramie's aggravated offender DUI law, which created minimum mandatory jail sentences for alcohol concentration level ... of 0.15% or more, exceeded punishment allowed by Wyoming's DUI law and was preempted by Wyoming law.
OUTCOME: Issue could only be raised in criminal proceeding, where it is still pending
Constitutional attack on use of implied consent statute to obtain a chemical test result
OUTCOME: Client prevailed on claim attorney could not collect fees under a contingent fee agreement, which are not allowed in divorce and custody cases
Fee Dispute against an attorney on behalf of attorney's former client
OUTCOME: Holding that an implied consent suspension does not violate double jeopardy because it is not "punitive" and serves remedial purpose of getting intoxicated driver's off the road
Certified question concerning application of prohibition against double jeopardy to implied consent suspension and underlying DUI charge.
OUTCOME: Court recognizes condition precedent UCC law and holds seller breached contract and Broker breached fiduciary duties by releasing client's earnest money, where buyer unable to perform condition precedent.
Client attempted to purchase a ranch and deposited $50,000 as earnest money. Purchase contingent on seller getting bank to approve balloon, which did not happen. Seller declared breach and broker gave ... seller the buyer/client's earnest money. Client sought contract remedies and cost and fees.
OUTCOME: Court denied insurers declaratory judgment request to have PIP coverage declared void on constitutional grounds and allowing insured to proceed to trial with insurance bad faith claim.
Insurance carrier brought declaratory judgment action in Wyoming federal court claiming insured was not covered by PIP for accident in Colorado and insured counter-claimed for insurance bad faith and p ... unitive damages
OUTCOME: Although Court agreed that field sobriety maneuvers were scientific, held they were admissible in implied consent hearing without a Daubert hearing, because lower standard of proof than criminal case. Client acquitted by jury of underlying DUI charge.
Appeal of implied consent driver's license suspension on grounds no probable cause to arrest for DUI
OUTCOME: Held implied consent advisement process was part of administrative suspension procedure and not a "critical stage" in the criminal process
Certified Question concerning whether a person is entitled to speak with an attorney under the Wyoming Constitution during implied consent process