North Carolina Highway Patrolman Edward S. Wyrick wrongfully arrested Gina Tessener for Driving While Impaired (DWI) last month in Wilmington, NC. Mrs. Tessener exercised her legal right to refuse roadside sobriety tests. She subsequently blew .00 on an intoxilizer.
Mrs. Tessener's actions angered Trooper Wyrick, who texted Trooper Andrew M. Smith "This woman refused all roadside testing, and blew .00," "Her husband is a trial lawyer and told me I should be ashamed of myself." Trooper Smith responded: "Hahahaha fuck her and fuck him. She say how much she'd had to drink?" Trooper Wyrick wrote back: "She said 1 drink at 7pm." Trooper Smith responded "Fuck her,"
Mr. Tessener followed Trooper Wyrick's patrol car (with his wife in custody) to the jail for his wife to appear before the magistrate. According to Mr. Tessener, Trooper Wyrick sped up crossing the bridge into Wilmington and turned off the road, while Trooper Smith pulled Mr. Tessener for unidentified reasons. Trooper Smith requested Mr. Tessener perform field sobriety tests on Mr. Tessener, but didn't charge Mr. Tessener. The two Troopers continued to communicate in an unprofessional manner regarding Mr. Tessener's improper traffic stop.
Mrs. Tessener's charges have been dropped due to lack of evidence. Mr. Tessener was not charged with any violations. Both Troopers have been placed on desk duty pending the results of an ongoing investigation.
This story serves as yet another example of improper conduct by law enforcement. The North Carolina Highway Patrol in particular has a particular poor record of conduct. The story further serves as a reminder that the public unfortunately cannot always depend upon law enforcement to perform their duties in an appropriate manner, making the assistance of effective legal counsel crucial.
If you are charged with a criminal charge or traffic citation in Charlotte, North Carolina, it is imperative that you consult a Charlotte criminal defense attorney regarding the specifics of your case. There are a variety of factors in a criminal / traffic matter that must be analyzed, including the actions of law enforcement.