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ONLY ON 3: Attorney & wife's run-in with trooper leads to letter to Gov. Perdue

READ MORE: ONLY ON 3: Attorney & wife's run-in with trooper leads to letter to Gov. Perdue
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WILMINGTON, NC (WWAY) -- A Raleigh attorney is making some big accusations against a Highway Patrol trooper here in New Hanover County.

Hoyt Tessener says the trooper accused his wife of driving drunk, but that's just the start of the accusations that Tessener made in a nine-page letter to the Gov. Bev Perdue.

Read Tessener's letter to Gov. Perdue

The Highway Patrol is investigating the allegations against Tpr. Edward Wyrick Jr. What's also interesting is all the people Tessener sent it to.

Tessener also sent the letter to Lt. Gov. Walter Dalton, Attorney General Roy Cooper, Speaker of the House Thom Tillis, Senate President Pro-Tem Phil Berger, along with area representatives and senators like Thom Goolsby. Tessener even sent the letter to the District Attorney's office and the Highway Patrol.

In the letter Tessener describes an incident last week involving his wife Gina, who was returning to a friend's home in Wrightsville Beach after leaving a North Carolina Advocates for Justice gala in downtown Wilmington.

Hoyt Tessener says Wyrick pulled Gina Tessener over just before the Wrightsville Beach bridge. In the letter Tessener says the trooper said he pulled her over because one of her head lights did not work. The trooper then accused Gina of drinking when she had not.
   
Gina refused to do a field sobriety test because she was in heels and a dress and in a gravel parking lot. Wyrick arrested the mother of three and took her to the Wrightsville Beach Police Department for a breath test

According to court documents Gina Tessener passed not just one but two breath tests by blowing a 0.00 each time.

In the letter Hoyt Tessener, who came to the police department to be with his wife, says he thought his wife would be free to go. Tessener said Wyrick yelled at both he and his wife at the police department. Tpr. Wyrick, who Tessener says seemed upset Gina did not fail the breath test, explained that she would have to be taken downtown where only a magistrate can release here.
    
Hoyt says before following the trooper, who still had his wife in custody, he noticed Wyrick texting someone on his phone.

During the trip toward downtown another trooper pulled over Hoyt Tessener, who suspects he was set up by Wyrick. The second trooper let Tessener go after some questioning.
 
Tessener eventually figured out his wife was not downtown, but instead at the New Hanover County Jail in Castle Hayne.

Tessener says the magistrate at the jail asked his wife if she understood what she did wrong. The letter says Gina Tessener told the judge she did nothing wrong and did not understand why she was arrested in the first place.

In the end Gina Tessener's citation was thrown out for lack of probable cause.

An internal investigation is underway as Wyrick remains on duty.

We reached out to several people including the Tesseners, Gov. Perdue and Tpr. Wyrick himself, but we have yet to get in touch with any of them.

UPDATE: Tuesday evening WWAY received an e-mail from Hoyt Tessener, who apologized for not returning our calls earlier today.

"I wanted to give the SHP the opportunity to investigate," Tessener wrote. "Despite what we went through, I wanted to speak with the SHP first. We heard from SHP at 4 p.m. today. We plan to speak with interal affairs officers tomorrow... I am disappointed to learn that Trooper Wyrick remains on active duty... I am curious to learn about their investigation."

Also, first thing Tuesday morning WWAY requested the dashcam video from Wyrick's car. The Highway Patrol says his car is not equipped with a video camera.

 

Disclaimer: Comments posted on this, or any story are opinions of those people posting them, and not the views or opinions of WWAY NewsChannel 3, its management or employees. You can view our comment policy here.

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If she refused to take a

If she refused to take a soberity test, she left him very little choice in the matter.

Wow

he carbon copied everyone but God and the Devil & maybe Scott Pikney.

While I am not an attorney, I believe NC statute require a driver to submit to a field sobriety test or breathalizer test on the spot where they are pulled over. No exceptions allowed. I beleve there is an automatic 60 day license suspension for refusing.

If half the reported actions are valid, the Officer needs to fall on his sword.

I was pulled over in Edenton just last week. The officer reported someone had called the station to report my vehicle was being operated by someone clearly under the influence. The officer could clearly determine from our conversation I was not impaired; had not had anything to drink; and declined my offer to submit to a breathalizer. Those things happen all of the time apparently; and he was apologetic in allowing me to proceed. My lesson, don't drive through Edenton; there are too many old foggies with nothing else to do.

"While I am not an attorney,

"While I am not an attorney, I believe NC statute require a driver to submit to a field sobriety test or breathalizer test on the spot where they are pulled over. No exceptions allowed. I beleve there is an automatic 60 day license suspension for refusing."

That is not correct. There is no obligation to submit to the roadside breath test, but there are significant penalties for not submitting to the Breathalyser at the station. In theory, a driver can be asked to do the roadside test ONLY if there is "probable cause." A "headlight out" is not probable cause for a sobriety test, and the "moderate smell of alcohol" on the police report is curious to say the least since the lady clearly had not been drinking.

If this lady had taken the roadside breath test, I bet the trooper would've said it was positive, and there would be no record to prove he was being untruthful.

Ummmmmmm.......

I bet if she had taken the roadside test we wouldnt be having this conversation now......

Well Ziggie

thanks for the correction.

Another proud day for the NC Highway Patrol

The state should disband the organization and start over. The Highway Patrol can no longer use the excuse it is just a few rogue troopers giving them a bad name. Instead, the NCHP appears to be riddled with unprofessional conduct and worse. Increasingly, even decent, law abiding people express a complete lack of respect for them. They have become a running joke and a stain on good law enforcement officers in general.

law enforcement thugs

It's not only the Patrol. There are also thugs in the New Hanover Sheriff's Dept. who's actions are condoned and covered up by Ed McMahon and his fellow National Socialist subordinates.

I don't think that it's a coincidence that they were "Brown Shirts". It is their legacy.

This is a real danger to all citizens and it must be rectified.

Ahem

By the rules of the Internet you've lost your argument before you started. By breaking Godwin's Law you've proven yourself the lowest common denominator unable of formulating an actual argument and resulting to calling people nazis.

WHAT YOU ALL MUST KNOW

Is that impairment does not necessarily mean ALCOHOL. Impairment can come from many different elements and items. Clearly, you can read from the letter from the attorney that he is stating his opinion and doing a good deal of paraphrasing. I believe that he feels if he sends this letter to enough people that someone will just act in jest. Untrue, North Carolina Highway Patrol is a fine organization, however, there can always be officers who exercise lack of judgement and unprofessionalism.

As stated above this is ONE SIDE OF THE STORY. A very biased one side of the story. Need we mention the overal persona of Attorneys? Who do you call when you get in trouble?

Lets see what the facts of the story present. I can tell by reading this letter that there were several events in the course of the "story" that were exxagerated for the persuasion of the reader. An attorney never cares if someone is guilty or innocent...he just needs to disprove the prosecutions case.