Results | R. Michael Vang P.C.

DISMISSED DUI

2024

The Client was stopped for running a stop sign. The Client asserted that the odor of alcohol, glassy blood shot eyes, and the alleged failure to properly perform voluntary field sobriety maneuvers (SFSMs) did not create probable cause for the DUI arrest in this case. The client provided breath samples, which created an alleged breath alcohol concentration measurement of nine one-hundredths of one percent (0.090%). The Client argued the audio and video recording of the Client in the case did not support the probable cause for a DUI arrest, where the officer failed to substantially comply with the National Highway Traffic Safety Administration protocols for administering SFSMs to support probable cause. The court agreed and the Court suppressed evidence and the DUI charge was DISMISSED by the prosecution.

DISMISSED DUI

2024

The Client was stopped for failing to illuminate his headlights and taillights during Frontier Days in Cheyenne Wyoming. Client was 64 – years old and had numerous medical conditions, which made the Client incapable of performing voluntary field sobriety maneuvers. The Client was arrested for a DUI charge and asserted his statutory right to refuse to provide warrantless breath samples for chemical testing in a DUI case. After law enforcement applied for a warrant, the blood samples were analyzed and created an alleged blood alcohol concentration (BAC) measurement of twenty one-hundredths of one percent (0.20%). After filing numerous suppression motions on behalf of the Client and indicating the client was ready to go to jury trial, the prosecution agreed it could not prove a DUI charge, despite the alleged BAC measurement and the prosecution DISMISSED the DUI charge.

Dismissed DUI

2023

Case: The Client did not deny that the Client failed to illuminate his headlights as he pulled out of a parking lot that was well illuminated. After the detention, client denied that odor of alcohol and bloodshot eyes allowed law enforcement to extend the detention in this case. The client explained to law enforcement that he had a recent knee surgery, which prevented law enforcement from administering standardized field sobriety maneuvers (SFSMs) to try to prove alcohol impairment. Unfortunately, the arresting officer relied upon SFSMs to arrest the client for a DUI charge. The Client was arrested for a DUI charge and allegedly provided breath samples resulting in a breath alcohol concentration (BrAC) measurement of eighteen one-hundredths of one percent (0.18%).

Result: After filing numerous motions on behalf of the Client claiming the field sobriety maneuvers and chemical testing measurements were not valid, the prosecution agreed that it could not prove a DUI charge and the prosecution DISMISSED the DUI charge.

Charge Dismissed DUI

2023

The Client was stopped for failing to illuminate his headlights. Client explained the numerous medical conditions that the client suffered from, which made the Client incapable of performing voluntary field sobriety maneuvers. The client also suffered from Acid Reflux, which Mr. Vang claimed inflated the Client’s alleged breath alcohol concentration (BrAC) measurement. The Client was arrested for a DUI charge and law enforcement demanded warrantless breath samples for chemical testing. After filing numerous motions on behalf of the Client, the prosecution agreed it could not prove a DUI charge, despite an alleged BrAC measurement of eighteen one-hundredths of one percent (0.18%) and the prosecution DISMISSED the DUI charge.

Charge Dismissed DUI

2023

The Client was involved in a motor vehicle accident and was contacted by law enforcement. Client was transported to a hospital for medical treatment. Because the Client smelled like alcohol and law enforcement claimed client appeared to be impaired by alcohol, law enforcement demanded warrantless blood samples for chemical testing. After filing motions on behalf of the Client, the prosecution agreed it could not prove a DUI charge, despite an alleged blood alcohol concentration (BAC) measurement of fifteen one-hundredths of one percent (0.15%) and the prosecution DISMISSED the DUI charge.

Charges Reduced DUI

2022

Client’s blood was drawn, which results in alcohol concentration of 0.09% and client is charged with felony DUI causing serious bodily injury...

Dismissed DUID

2022

The client was a commercial truck driver detained for driving too slowly in the passing lane of Interstate...

Reduced DUI

2022

The client allegedly made an abrupt turn into a hotel parking lot and was immediately contacted by law enforcement,,,

Not Guilty DUI

2021

Client called in by wife for drinking too much and appearing to be attempting to drive away. Responding officers claim...

Not Guilty DUI

2021

Case: The Client pulled over off of the highway and onto a private roadway to attempt to sleep. While the Client was parked, the Client did not deny consuming alcohol. When the Client was contacted by law enforcement, the Client refused to answer any questions or to perform standardized field sobriety maneuvers (SFSMs) at the request of law enforcement. Because the Client smelled like alcohol, was blocking the entrance to a private roadway, and refused to cooperate with questioning by law enforcement, the Client was arrested for a driving under the influence of alcohol (DUI) charge. The Client asserted his statutory right to refuse to provide warrantless breath samples for chemical testing under Wyoming's implied consent law and the arresting officer obtained a telephonic warrant for blood samples. The Client's blood was drawn six (6) - six hours after the Client's DUI arrest and created an alleged blood alcohol concentration (BAC) measurement of one five-hundredths of one percent (0.05%). Over the Client's objection, the trial court allowed the prosecution to present retrograde extrapolation evidence to the jury to claim that the Client had an alleged BAC range of one one-hundredths of one percent (0.11%) to twenty-two one-hundredths of one percent (0.22%).

Result: Jury finds client "Not Guilty" of both the DUI charge and the other pending littering charge.

Dismissed DUI

2021

Case: The Client was stopped of not having a rear license plate illuminated. During the contact with law enforcement, the arresting officer claimed he smelled the odor of alcohol and claimed the Client failed field sobriety maneuvers. The Client was arrested for a DUI charge and a search of client's vehicle disclosed a pipe with alleged marijuana residue, which resulted in an additional possession of marijuana charge. The arresting officer demanded warrantless blood samples for chemical testing under implied consent, which was one of several suppression issues raised in pretrial motions.

Result: After reviewing the pretrial motions filed on behalf of the client and watching the video recording in this case, the prosecutor dismissed all charges.

Dismissed DUI

2021

Case: The Client was driving home from a birthday party at a restaurant. The arresting officer alleged numerous various traffic violations, which did not appear on the audio and video recording in the case. The arresting officer further claimed that the Client appeared to be impaired while walking to his vehicle and appeared to have urinated himself. The Client was arrested for DUI and provided breath samples, which created an alleged breath alcohol concentration (BrAC) measurement of nine one-hundredths of one percent (0.09%). The Client suffered from a medical condition called ACID REFLUX, which the Client argued caused an inflated BrAC measurement in this case. The Client claimed there was no probable cause for the DUI arrest and the BrAC measurements were not valid in this case.

Result: After a motion hearing in the case, the trial court agreed that there was no lawful basis to detain the Client and the trial court suppressed all the evidence resulting in the dismissal of the DUI charge.

Not Guilty DUID

2021

Case: The Client was involved in a motor vehicle accident during a blizzard on Interstate-80 in Carbon County, Wyoming. When law enforcement contacted client, they claimed to smell the odor of marijuana and relied upon field sobriety maneuvers to arrest client for driving under the influence of marijuana/drug (DUID). The Client was forced to submit to a warrantless blood test, which resulted in positive chemical testing measurements for marijuana metabolites in an amount that exceeded the amounts allowed in the State of Colorado (Wyoming does not have presumptive marijuana impairment levels). Trial court denies all of the pretrial motions, preserving the issues for appeal if necessary

Result: The jury found the Client "not guilty" of the DUID charge in the case.

Not Guilty DUI

2021

Case: The Client originally hired another attorney to represent client, who failed to demand discovery or file any suppression motions within the time limit set by the trial court. The Client decides to change counsel and R. Michael Vang P.C. filed numerous motions on behalf of the Client to attempt to preserve legal suppression issues. The trial court denied all motions as being untimely and the matter is set for jury trial. The Client suffered from the medical condition called ACID REFLUX, which the Client argued caused the inflated BrAC measurement in this case of sixteen one-hundredths of one percent (0.16%).

Result: Jury finds client "Not Guilty" of DUI charge.

Acquittal DUI

2021

Case: The Client had been drinking and got into argument. While client attempted to set up the camper in his front hard to go to sleep, wife called him in as possibly taking off in his truck, that was attached to camper. Cop claimed he saw client reverse truck to camper, which client and his wife denied. Client and wife claimed client never even had possession of keys to his truck, which were in the house the whole time, because client had grabbed his wife's keys to camper. The Client was arrested for driving and having actual physical of a vehicle with an alleged alcohol concentration of seventeen one-hundredths of one percent (0.17%). State takes case to jury trial based upon claim by officer that he saw the client back his truck up to his camper.

Result: The jury acquits client of driving or having actual physical control of a vehicle while impaired by alcohol.

Jury acquits client of DUI charge. DUI

2020

Case: Client was stopped for allegedly failing to maintain a single lane of travel and was arrested for driving under the influence of alcohol (DUI). Trial court summarily denied pretrial motions, which caused a reversal of conviction on appeal. Prior to new trial, prosecutor gets trial court to allow retrograde extrapolation evidence over client's objection to attempt to increase the alleged BAC measurement above the reported level of 0.06%. After giving trial court notice of recent decision in Hardman v. State, 2020 WY 11, prosecution gets court to suppress BAC measurements and to allow prosecution to proceed with an incapable of safely driving DUI charge based upon alleged poor performance on standardized field sobriety maneuvers.

Result: Jury acquits client of DUI charge.

Dismissed DUID

2020

Case: Client was charged with speeding and driving under the influence of drugs (DUID). Trooper claimed to be "certified" to detect alcohol and drug impairment and claimed client was impaired by drugs at the time of the traffic stop. Filed numerous pretrial motions to suppress evidence and pointing out the lack of evidence to prove a DUID charge.

Result: Prosecutor agrees to dismiss DUID charge and client pays fine for speeding.

Client pleads to amended charge DUI

2020

Case: Client was stopped for allegedly failing to maintain a single lane of travel and was arrested for DUI while driving a commercial vehicle. Client unable to give adequate breath sample and provides blood samples that allegedly create BAC measurement of 0.15%. Based upon issues with the chemical analysis of the blood samples, prosecution agrees to amend DUI charge to "Commercial Driver With Alcohol in System" in violation of Wyoming Statute § 31-7-306(a).

Result: Client pleads to amended charge, keeps commercial driver's license, and pays a fine.

Dismissed DUID

2020

Case: Client is charged with speeding and driving under the influence of drugs (DUID). Trooper claims to be "certified" to detect alcohol and drug impairment and claims client is impaired by drugs. Numerous pretrial motions are filed on client's behalf to suppress evidence and pointing out the lack of evidence to prove a DUID charge.

Result: Prosecutor agrees to dismiss DUID charge and client pays fine for speeding.

DUI charge is amended DUI

2019

Case: Client charged with running red light, failing to maintain single lane of travel and DUI. After receiving discovery and video recording of the stop and arrest, pretrial motions are filed on the client's behalf. After reviewing the discovery, the State agrees to amend DUI charge and to grant first offender treatment.

Result: DUI charge is amended and client is granted first offender treatment on amended charge, with possibility conviction for amended charge will go away, if client does not violate terms of unsupervised probation.

Dismissed DUI

2019

Case: Client is stopped and charged with running a red light, which is captured on video. Client is required to do field sobriety maneuvers and is arrested for DUI. While at jail, client requests to speak with attorney prior to submitting to any chemical tests, which Trooper advises in not possible under Wyoming's implied consent law. Because client refuses to provide breath or blood samples without speaking to an attorney, client is also charged with interference with a peace officer. Pretrial motions are denied and case is set for jury trial.

Result: Prior to jury trial State dismisses the interference with a police officer charge. Jury finds client guilty of running red light but not guilty of the DUI charge.

Jury Acquits client of dUI DUI

2018

Case: Client stopped from driving without headlights close to bar. Client charged with being under the influence for alcohol t a degree incapable of safely driving after producing a breath test with a BAC of .07%. Client offered first offender deferred prosecution in exchange for guilty plea and client rejects plea offer and goes to jury trial
Result: Jury Acquits client of driving under the influence to a degree incapable of safely driving.

Dismissed DUI

2018

Case: Client accused of failing to maintain a single lane of travel and arrested for driving under the influence by main Trooper in charge of teaching other law enforcement how to administer and assess standardized field sobriety maneuvers. Client has commercial driver's license and DUI in non-commercial vehicle would result in loss of commercial driver's license for one (1) - year. After filing pretrial motions, Court agrees that Trooper failed to comply with rules and regulations for breath testing and suppress a BAC measurement of 0.15%.
Result: State dismisses DUI charge and client pays fine and court costs for the failure to maintain a single lane of travel charge.

Dismissed DUI

2018

Case: Client charged with disturbing peace, interference with a peace officer, possession of controlled substance and driving under the influence of alcohol and drugs. After filing pretrial motions and right before motion hearing, State agrees to dismiss all charges, but the disturbing a peace charge, if client will plead "no contest" to disturbing peace.
Result: All charges but disturbing peace are dismissed and client pays fine and court costs.

Dismissed DUI

2018

Case: Client charged with running a red light and is arrested for second offense DUI-charge. Client allegedly provides blood samples with 0.15% BAC. After filing pretrial motions, trial court agrees chain of custody problems with blood samples and suppresses blood test results.
Result: Two (2) - weeks prior to jury trial State offers to dismiss DUI charge if client pleads to running red light, which is captured on video. Client accepts offer and second offense DUI charge is dismissed and client is fined for traffic offense

Jury acquits client DUI

2018

Case: Off-duty police officer, who claims to be a drug recognition expert, calls in client for REDDI report, because officer claims client appeared to be under the influence of drugs while parked in a bank parking lot. Other officer arrives and after performing field sobriety maneuvers arrests client for being under the influence of drugs. The trial court denies all pretrial motions and case goes to jury trial.
Result: Jury acquits client of driving under the influence of drugs

Dismissed DUI

2018

Case: Client is accused of possession of controlled substance - marijuana, after being stopped by Wyoming Highway Patrol Trooper for failing to maintain a single lane of travel. After obtaining discovery in case and filing various pretrial motions, State agrees invalid stop in this case.
Result: All charges dismissed by prosecutor.

court acquits client of battery charge. DUI

2018

Case: Client accused of engaging in a fight and charged with battery. Because there is no possibility of jail time with the offense, there is no right to a jury trial and the case is set for a bench trial to the court.
Result: After watching videos of interviews with clients and the alleged victim and hearing the testimony of witnesses the trial court acquits client of battery charge.

Dismissed DUID

2018

Case: Client stopped for speeding by Wyoming Highway Patrol and is charged with possession of controlled substance-marijuana; and, being under the influence of drugs (DUID) (marijuana). After receiving discovery file pretrial motions in the case. State agrees cannot prove the DUID charge and agrees to consent to first offender treatment for client's possession of controlled substance charge.
Result: DUID charge is dismissed and client is granted deferred prosecution of possession of controlled substance charge.

Jury Acquits client DUI

2017

Case: Client stopped from driving without headlights close to bar. Client charged with being under the influence for alcohol t a degree incapable of safely driving after producing a breath test with a BAC of .07%. Client offered first offender deferred prosecution in exchange for guilty plea and client rejects plea offer and goes to jury trial
Result: Jury Acquits client of driving under the influence to a degree incapable of safely driving.

Dismissed DUI

Case: Client accused of failing to maintain a single lane of travel and arrested for driving under the influence by main Trooper in charge of teaching other law enforcement how to administer and assess standardized field sobriety maneuvers. Client has commercial driver’s license and DUI in non-commercial vehicle would result in loss of commercial driver’s license for one (1) – year. After filing pretrial motions, Court agrees that Trooper failed to comply with rules and regulations for breath testing and suppress a BAC measurement of 0.15%.
Result: State dismisses DUI charge and client pays fine and court costs for the failure to maintain a single lane of travel charge.

Dimissed DUI

2017

Case: Client charged with disturbing peace, interference with a peace officer, possession of controlled substance and driving under the influence of alcohol and drugs. After filing pretrial motions and right before motion hearing, State agrees to dismiss all charges, but the disturbing a peace charge, if client will plead “no contest” to disturbing peace.
Result: All charges but disturbing peace are dismissed and client pays fine and court costs.

Dimissed DUI

2017

Case: Client charged with running a red light and is arrested for second offense DUI-charge. Client allegedly provides blood samples with 0.15% BAC. After filing pretrial motions, trial court agrees chain of custody problems with blood samples and suppresses blood test results.
Result: Two (2) – weeks prior to jury trial State offers to dismiss DUI charge if client pleads to running red light, which is captured on video. Client accepts offer and second offense DUI charge is dismissed and client is fined for traffic offense

Case goes to jury trial. DUI

2017

Case: Off-duty police officer, who claims to be a drug recognition expert, calls in client for REDDI report, because officer claims client appeared to be under the influence of drugs while parked in a bank parking lot. Other officer arrives and after performing field sobriety maneuvers arrests client for being under the influence of drugs. The trial court denies all pretrial motions and case goes to jury trial.

Dismissed possession of controlled substance

2017

Case: Client is accused of possession of controlled substance – marijuana, after being stopped by Wyoming Highway Patrol Trooper for failing to maintain a single lane of travel. After obtaining discovery in case and filing various pretrial motions, State agrees invalid stop in this case.
Result: All charges dismissed by prosecutor.

trial court acquits client of battery charge. Engaging in a fight and charged with battery

2017

Case: Client accused of engaging in a fight and charged with battery. Because there is no possibility of jail time with the offense, there is no right to a jury trial and the case is set for a bench trial to the court.
Result: After watching videos of interviews with clients and the alleged victim and hearing the testimony of witnesses the trial court acquits client of battery charge.

Dismissed DUID

2017

Case: Client stopped for speeding by Wyoming Highway Patrol and is charged with possession of controlled substance-marijuana; and, being under the influence of drugs (DUID) (marijuana). After receiving discovery file pretrial motions in the case. State agrees cannot prove the DUID charge and agrees to consent to first offender treatment for client’s possession of controlled substance charge.
Result: DUID charge is dismissed and client is granted deferred prosecution of possession of controlled substance charge.

Mr. Vang's suppression motions. FELONY "SERIOUS BODILY INJURY" DUI CHARGE IS DISMISSED AFTER FILING PRETRIAL MOTIONS ON CLIENT'S BEHALF

2016

Case: Client and another individual are injured on an all-terrain-vehicle (ATV) and after both individuals recover from injuries sustained in accident and the Client is eventually charged with a felony serious bodily injury DUI charge. The Client hires another attorney, who allows the matter to be set for jury trial. The matter is set for final pretrial conference and Mr. R. Michael Vang enters his appearance and reviews discovery. Mr. Vang files a number of pretrial motions and requests a motion hearing. After an initial hearing concerning the motions and resetting the matter for further hearings and a jury trial, the State of Wyoming admits it cannot prove the charge and the matter is dismissed and the jury trial is vacated.

Result: The Felony "Serious Bodily Injury" DUI charge was dismissed after Mr. Vang was substituted as counsel and the State reviewed Mr. Vang's suppression motions.

Dismissed DUI

2016

On New Years Day in 2011, the City of Laramie began enforcing its new "aggravated offender" DUI ordinance, which created minimum mandatory jail sentences for anyone accused of having a blood alcohol concentration (BAC) result of 0.15% or more. The minimum mandatory jail sentences were significantly harsher than the sentences created for the exact same behavior under Wyoming's DUI law.

Guilty DWUI

2015

Case: Client was arrested and charged with DWUI

Jury Verdict: Guilty

Appeal: After denying Mr. Vang's client's request to have the following question certified to the Wyoming Supreme Court: "If, under Missouri v. McNeely, the natural dissipation of alcohol in the bloodstream does not establish a per se exigency, does W.S. § 31-6-102(a)(i) facially violate Article 1 § 4 of the Wyoming Constitution and the Fourth Amendment of the United States Constitution?"; the District Court overturned the DUI conviction holding that Wyoming's implied consent law did not apply to the facts of the case, given the lack of evidence to place the accused upon a "public street or highway", which is a necessary condition for admitting a chemical test result in a DUI case pursuant to Wyoming's implied consent law.

Not Guilty DWUI

2015

Case: Client was arrested and charged with "aggravated offender" DWUI for allegedly having a BAC result of 0.15% or more in violation of LMO 10.24.030(H).

Jury Verdict: Not Guilty

Not Guilty DUI

2015

Case: Client was arrested for having actual physical control of a motor vehicle with an alleged BAC result of 0.15% after a REDDI report had been made claiming the client had run a stop sign and almost hit a vehicle prior to contact with law enforcement.

Outcome: Not Guilty

Not Guilty on all charges DWUI

2015

Case: Client was arrested for driving while under the influence of alcohol (DWUI), after the client was discovered trying to remove a vehicle from a ditch. Client admits to talking on cell phone resulting in loss of control on a dirt road. Client cited with failure to maintain a single lane of travel and client allegedly provided a BAC result of 0.13% on the Intoximeter EC/IR.

Outcome: Not Guilty on all charges

Dismissed DUID

2015

Case: Client was arrested in commercial vehicle after a REDDI report alleged that client had been weaving in and out of traffic on Interstate-80. Trooper claims client impaired by drugs and arrests client for Driving under the influence of Drugs (DUID) and also cites for failure to maintain a single lane of travel as the basis for the stop. A search of the vehicle discloses a homemade pipe and synthetic cannabinoid, which result in an additional charge of possession of controlled substance.

Outcome: Not Guilty of DUID and Failure to Maintain Single Lane by jury. Prosecution agreed to dismiss possession charge as there was no evidence the substance was illegal to possess in Wyoming at that time.?

Favorable Plea Agreement Domestic Battery, Battery, and False Imprisonment

2023

Case: A husband and wife are charged as co-defendants with domestic battery, battery, and false imprisonment with older daughter making allegations. Clients deny all charges and the matter is set for a jury trial. Prior to the jury trial the state makes an offer to settle the pending charges for no contest plea to amended unlawful contact charge.

Result: The clients agree to plead no contest to amended charges of unlawful contact to make other pending criminal charges go away and to retain clients’ rights to bear arms.