DUI Case Hinging on Dual Identity Evidence. Being charged with a DUI is a serious charge for a motorist.  In a DUI case in Wyoming, prosecutors who thought they had plenty of evidence to send an accused driver to jail,  will need to prove the identity of the accused before they can proceed with the case.

Teton County sheriff’s deputies arrested Bryan Dennis Lane, 32, on charges of driving under the influence of alcohol, destruction of property and interference with a peace officer.

Lane could be facing felony drunk driving charges if prosecutors can prove that he is the same man convicted of two DUI’s in Idaho.  Prosecutors upgraded the DUI charge to a felony after finding records of three other DUI convictions since 2003.  Wyoming law states that a DUI can be charged as a felony if it is a defendant’s fourth charge in ten years.

James Radda, Ninth District Circuit Court Judge, ruled there is enough evidence to send Lane’s case to district court.  However, all those present agreed a trial would have to answer several questions.

The most important question is whether prosecutor Clark Allen can prove it. That the man convicted of two Idaho DUI’s was in fact Bryan Lane.  The Idaho convictions are under a different name. Although, court documents show that the man also went by the name of Bryan Dennis Lane.  The man has the same birth date, but a different Social Security number.

The Idaho convictions are also listed in a 2009 pre-sentence investigation for Lane’s third DUI in Teton County.

According to public defender Elisabeth Trefonas who is representing Lane, the record of convictions is totally inaccurate. She disputed the Idaho convictions were earned by her client.  Trefonas also objected to the results of Lane’s breath test at the Teton County jail. Which were taken almost three hours after his arrest.  She stated that Lane had something in his mouth just before the test.

Deputy Latimer Gyetvai, who arrested Lane, stated that the jail staff observes DUI suspects for 15 minutes before the test. Therefore, to make sure that they do not have anything in their mouths that could compromise the test.

If, by chance, the Idaho driver does turn out to be a different man, then Lane could not be charged with a felony DUI charge.

DUI is a serious charge.  Lane’s situation is different than most, but in all DUI cases, with so much at stake, experienced legal counsel is essential.

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DUI case to be re-investigated. A month-old Conecuh County DUI case is being re-investigated because, despite the driver allegedly registering a blood/alcohol content over twice the legal limit, no criminal charges were filed. A warrant has been sought by law enforcement officers pursuing the case.

Timothy Alan Treece, 49, had crashed his SUV near his Conecuh County home on February 22. After his vehicle overturned on the highway, he flagged down a passing motorist to assist him in rolling it back onto its tires. He proceeded to drive to his home. Where the SUV caught fire as a result of damage sustained in the crash. Treece called 911.

Witnesses state that police had arrested Treece at the scene. But as Treece waited in a patrol car, his father-in-law arrived and phoned Conecuh-County Sherriff Edwin Booker. Treece was subsequently allowed to go free.

Typically, those suspected of DUI are taken to the county jail. Furthermore, to be processed into the system and to await bail.

The Press-Register report can be found here.

Such irregularities may damage the state’s case against Treece, should he be formally charged with DUI. While this may not represent a typical DUI case, it does highlight the ways in which procedural anomalies can, and do, occur. If you’ve been charged with DUI, you need an attorney who can protect your rights by exploring every aspect of your situation—including whether or not the state mishandled your case.