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FIRST ON 3: Attorney who accused trooper has court date for assault

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WILMINGTON, NC (WWAY) -- The Raleigh attorney who accused a North Carolina Highway Patrol officer of intimidating him and his wife has his own legal troubles. WWAY has learned Hoyt Tessener is due in Wake County Court Thursday on a simple assault charge.

According to court documents obtained by WWAY, Tessener is accused of punching a man in the face at 3:13 a.m. on December 5, 2010. The documents also show that the case went to mediation, but when no agreement was reached, a trial date was requested.

As WWAY was first to report Tuesday, Tessener sent a letter to Gov. Bev Perdue this week complaining about Tpr. Edward Wyrick Jr. after Wyrick pulled over Tessener's wife Gina last week in New Hanover County on suspicion of drunk driving. In the letter and in an on-camera interview with WWAY and our affiliate station WTVD in Raleigh, the Tesseners claim Wyrick had no reason to pull over Gina and that he bullied the couple at the Wrightsville Beach Police Department following the arrest, especially after Gina twice blew a 0.00 blood alcohol level on a breath test.

Video from the police station obtained by WWAY, though, tells a somewhat different story. The limited camera angles and audio show no evidence Wyrick was hostile toward the couple, and that his demeanor did not change until after Hoyt Tessener arrived and called out the trooper.

Wyrick and Tpr. Andrew Smith are on administrative duty pending an internal affairs investigation. Smith pulled Hoyt Tessener over as Hoyt tried to follow Wyrick as he took Gina from the Wrightsville Beach Police Department to the New Hanover County Jail to be released by a magistrates. The Tesseners claim Wyrick set up the traffic stop of Hoyt.

Stay with WWAY NewsChannel 3 and wwaytv3.com for more information on this developing story.

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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Trooper

Yes the attorney husband may be a D-bag; however, the cop arrested this lady with no cause (0.00 cannot be argued). He didn't state that he thought she was under the influence of drugs but thought he smelled alchohol.

The video shows him texting someone from inside the Police Station and then her husband gets pulled following them to the Court house a few minutes later.

If you don't think this cop is crooked or either on a power trip you have your head buried in the Wrightsville Beach sand. I sure as heck do not want my taxes paying this Jacka@@' salary.

Hope everyone has a great 4th of July weekend and remember...

He who goes forth with a fifth on the Fourth, may not come forth on the fifth!

WRONG

If you would read the documentation from the arrest the Trooper stated he DID think she was under the influence. Machines can me wrong and she could have been on a narcotic. Get your facts straight before you post. Making uninformed judgements makes you look like an idiot. This trooper did his job and the woman has not been charged with DWI and I saw no intimidation tactics in this video or the dash cam video. GET YOUR FACTS STRAIGHT!!!!!

There is one fact to be

There is one fact to be resolved, to wit: did Wyrick text another patrolman for the expressed purpose of stopping the husband? if so, it is a gross abuse of Wyrick's public position and warrants discipline.
Secondly, if machines can be wrong, then that "fact" would convict those who are not under the influence. . Sadly, there are a number individuals who carry a gun and a badge and a also carry a huge ego. The attitude demonstrated by such individuals has created the hostile atmosphere which now exists.

Ridiculous

What your failing to realize is that she refused every test or made a frivolous excuse why not to take them.....If she knew she hadn't had too much too drink then submit to the proven battery of field sobriety tests and go on your way....the problem....she didn't even know if she was okay too drive. The fact is that he smelled alcohol, not he thought he smelled alcohol.

Secondly, if you don't want your taxes going towards his salary......stop buying gas, you do have control over that.

Third, you have to be out of touch with reality if you think that its okay too bee stopped and refuse all tests and not raise some sort of suspicion. If you have nothing too hide then cooperate.What people fail to realize is that these tests also go in your favor if you are not too impaired to drive.

Lets stop supporting the right to conceal evidence and illegal activity. What is this world coming too.

Will Gov help you on this one?????

Wheres your letter to the Governor on this one. No cry for help from your Raleigh a--kissers. I would like to see your butt in jail where the boys can have some fun with you.
Your whole game is just a free advertising campaign for your lousy law firm.

Go back to your cave. Your

Go back to your cave. Your remark that "I would like to see your butt in jail where the boys can have some fun with you" is worse than disgusting. Sounds like you may be a member of the SHP.

Ridiculous

Just another case of someone who thinks they know somebody and thinks they're above everyone else making a frivolous complaint. This big wig attorney wrote a statement and LIED about what happened at the police department. Its on video, the trooper was professional....I think the apology that needs to be made at this point should come from our governor to the trooper who already assumed the trooper was guilty when she had only one side of the story. Think about all the resources and money being wasted so she can satisfy one of her buddies and using her office to do it. Also, is this attorney going to face any sort of discipline for LYING.....he is suppose to have the utmost integrity....what kind of cases has he LIED about in court. I think its obvious now that this attorneys story doesn't add up.....don't know his name but should be known now as the "LION KING" and should not be called sir or Mr.

Hot Head?!..

Why do I get the feeling that the only person trying to intimidate and bully everyone is the lawyer husband....?!? More proof that these people are your common scam artists!

I don't give two hoots if

I don't give two hoots if the victims were nice or not. She blew 0.00 let her go stop bothering her.

Have any of you read the

Have any of you read the Constitution? She is innocent, completely 100% innocent. 0.0!!! no broken headlight. No alcohol. We are guaranteed under law to be innocent until proven guilty. Where the hell is Thomas Jefferson when you need him? Out in the packhouse with one of his girls, i guess.

none of this would have

none of this would have happened if the cop would have said I'm sorry, I made a mistake you can go now.

TheTrooper should Apologize??????

To the person who says the trooper should have just apologized: Why should he apologize? She refused not one, but 2 offers by this officer to take sobriety tests in the field. When she refused the field sobriety test, he offered her the breathylizer in his vehicle. And then, according to HER, told her that she would have to go to the police station to take one if she refused. It was Her DECISION to draw this out and cause herself all of the added hassle.
This lawyer, and his high strung wife, need to apologize to Trooper Wyrick. And if there are any grounds for repercussions Hoyt should have to suffer them. He was allowed to lie and drag a respected State Trooper through the mud. I sincerely hope that there is something that can be done to keep this man from BULLYING more people.

uhh..what about....

None of this would have happened if she would have climbed off her high horse and took the field tests? Some people are just drama oriented.....

I hate to remind you of

I hate to remind you of this, but citizens have rights, among which is the right to pass from place to place unmolested.

I also have an attractive wife who from time to time is on the road at night in connection with her work. My reaction, were she to be detained in the same way as Mrs. Tessener would be the same as the one shown by Mr. Tessener.

Our "Greatest Generation" fought World War II for the protection of rights. Our rights are being taken away, day by day under the false guise of good intentions. What's next? HALT!! DEINE PAPIEREN BITTE!

Speaking of drama....

Who was molested? Yes it just may be HALT!! HALT the stupidity....

Oh BOY

So Mr. Attorney is a hothead? That seems obvious after seeing the tapes.

"Did he touch you"? Said the

"Did he touch you"?
Said the angry troll to his trophy wife.

"No" she said...

"and neither will you."

Then I'll just have to punch

Then I'll just have to punch you too. Said the angry fat troll, to his Miss Priss Trophy Wife, as his Elmer Fudd face turned redder and redder.

Shhhhhhhhhhhhh

Be verwy verwy Quiet, He, hunting hot blonds in fancy cars. Ok enough comic relief. We will just have to wait and see who covers up what, but we all know law enforcement never covers up anything. Two tests do not lie, and she was never tested for any narcotics which could have been ordered if there was any question about her impairment. The fact another trooper was involved while he was following his wife to the jail is also fishy. This guy might be a SHP officer but a high ranking member of the Wrightsville Beach PD could have stepped in when any form of misconduct came up involving this officer. The whole thing stinks and this is why no one trust law enforcement at any level.

The whole thing stinks?

So take a bath. No ONE trust law enforcement? Speak for yourself. Some of us still have a little common sense.

She chose to be arrested. He

She chose to be arrested. He begged her to take the test, to see if she was impaired. She refused. I believe he even informed her of the circumstances, and yet; she again refused.

Now there are absurd claims he "Falsely Imprisoned" her, and he needs to go to prison. Its hard for me to see her as the victim. The only person who needs to be "imprisoned" is a hot-headed, coward, bully, who punches another person in the face.

It "grieves and saddens me" that Hot-Headed Coward Bully, and Miss Priss, Trophy Wife can stoop so low to try to ruin other peoples lives.

Avenger84, you are partially

Avenger84, you are partially right. Mrs. Tessener chose to decline to perform field sobriety tests. The trooper's next logical and in fact reasonable step would be her transport to the police station for breath testing. Mrs. Tessener's test results were (let's not forget this) ZERO alcohol, ZERO, two times.

Here's how this story could have had a much different ending: on discovering that Mrs. Tessener's test results showed ZERO alcohol the trooper could have driven Mrs. Tessener back to her vehicle, followed her back to the place she was staying and issued her a citation for the non-working headlight. The trooper could have even expressed regret for her inconvenience.

In the various articles about this event it was reported that Mrs. Tessener is 51 years of age and that Mr. Tessener is (I think, but close enough) 52 years of age. Mrs. Tessener is described as being a "Homemaker" in published political contribution records. According to this series of articles, the Tesseners have been married 28 years.

For your edification, a "trophy wife" is a demeaning term, typically reserved for a much younger wife of an affluent older man. An age difference of a couple years fails to meet the definition.

Why do you choose to demean homemakers and physically fit 50 year old women?

Refresher on Law

You're ignorant of the way situations of this nature must be handled. That's not an insult, but just an observation that you're obviously not aware of the legal reasons behind the Trooper taking Mrs Tessener before the Magistrate. Mrs Tessener was arrested for Driving While Impaired on the side of the road, NOT after blowing .00s. This seems to be a fact that many people are missing. After an individual is arrested, only a judicial official can set the conditions of release, or in this case find that the original arrest lacked probable cause. The Trooper, BY LAW, couldn't have let Mrs Tessener leave after the chemical test, even if he had wanted to. She had to be transported before a magistrate in order to be released. In this case, Wrightsville Beach very rarely has a magistrate on duty at the station. There wasn't one that night. The only available magistrate, at a facility used by the HP, was at New Hanover County's jail. Because of this, the Trooper had to transport her to that location in order to have her released in a lawful manner. Let me repeat this for those that haven't grasped the concept. Mrs Tessener was arrested for DWI on the side of the road, prior to taking any tests. The Trooper didn't wait and arrest her enough though the blew 00s. He had arrested her much earlier and was following the legal route to have her released.

THANK YOU!

Thank you for sharing this, it's crazy that this idiot husband of hers has gotten so much attention and these Troopers placed on Administrative duty. I only hope this totally bites him in the butt and I believe it will.