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Insights on Utah DUI law, defense strategy, and protecting your rights.
Utah DUIs, Face Book, and My Space
A friend of mine, an attorney, told me about a case where he went to sentencing with his client. The friend argued to the judge that his client is not a party animal and that this was a one time mistake. When he was done, the prosecutor stood up with printed photos from the client’s […]
The Utah Highway Patrol made their Quota in Making DUI Arrests
The Utah Highway Patrol had 22 officers out on the weekend and made 24 DUI arrests. They made and exceeded their quota. The DUI Blitz is the modern DUI check point. Check points are generally unconstitutional unless rigorous guidelines are followed. The police don’t do checkpoints very often anymore. I wonder why? Perhaps there is […]
Utah Highway Patrol Has Quotas to Make DUI Arrests
Its Memorial Day weekend for 2008. Troopers have often claimed in the newspapers and in open court that there are no quotas to make arrests. In this story below, Trooper Cameron Roden tells the news reports that the troopers are encouraged to average at least one DUI arrest per officer involved in the DUI Blitz. […]
Utah DUI–Fourth Amendment is Still Alive!
I found an interesting article this afternoon. It was really interesting to me because it was my case. This case was first heard in the North Logan Justice Court. The judge in that Court heard the exact same evidence but ruled that the officers had reasonable suspicion. I didn’t agree with the judge’s decision so […]
Utah DUI and Ignition Interlock Devices
If a person is convicted of a DUI and the breath test was over a .16, most courts will require the person to put an ignition interlock device on any car they own and any car they drive. If a person has more than one conviction within 10 years, it is mandatory by state law […]
Utah DUI Substance Abuse Classes
I often get calls from people asking where they can get substance abuse counseling when they are being charged with a DUI. If a person is convicted of a DUI, a person is required to have an evaluation to determine if a treatment is necessary. I don’t think I have ever had a client convicted […]
Followup to Utah’s DUI Single Breath Test
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Police in Utah DUI arrests only ask for One Test
A couple of years ago I attended the Indiana University Borkenstein Course. This is a course that Utah Breath Test technicians are required to take to qualify for their job as technicians. The taxpayer spends a lot of money on these people to take this course. The course is taught by the top scientists […]
Should I plead to a Metabolite DUI?
I was discussing a case with a prosecutor today. He made the offer that my client plead to Driving with a Measurable Amount of a Controlled Substance in his system. This is basically the same thing as a DUI, except the prosecution does not have to prove any impairment or level whatsoever. The only thing […]
Follow UP to Officer’s getting their own Utah DUIs!
So here is a follow up on the story from yesterday. The interesting thing about this case is that the officer was never found guilty of DUI. However, his department presumed him guilty and fired him anyway. It’s interesting that the police don’t even respect the sacred presumption of innocence even when dealing with their […]
Police Get DUIs in Utah???
The Police are making arrests for DUIs. A story broke today about 30 officers being disciplined. Many of the disciplined officers were involved in sexual misconduct. However, I was shocked to see a few of them were officers convicted of DUI or Alcohol Related offenses. One of the officer’s was the the poster child for […]
Followup on Washington Breath Test Fiasco!
Barry Logan is (was) the head of the Washington State Crime Lab. He has resigned because of the fiasco that took place in the lab. I met Barry at a course I took in Indiana. He was very knowledgeable about the science of Breath Testing. I’m sad that this has cost him his career. I am […]