Blog
Insights on Utah DUI law, defense strategy, and protecting your rights.
What happens when an Officer Hides Evidence, and Gets caught in a Utah DUI?
I was asked by a client two years ago to take over his case. He had another lawyer; he pled guilty and was on the verge of being sentenced. I agreed to represent this man and filed a motion to withdraw his guilty plea before he was sentenced. The judge allowed the plea to be withdrawn. The man’s case […]
Can an Officer Pull Me Over for No Reason?
I recently represented a lady on her second accusation of a DUI. The first accusation she plead guilty. I appealed it for her because there was no evidence that this woman was impaired to any degree. The officer arrested her because she went through a red/yellow light and smelled alcohol on her. That was […]
Field Sobriety Tests show bad balance, but Not impaired
A man by the name of Callis called me the other day. He was upset at a Utah Highway Patrol Trooper, Trooper Lisa Steed. He wanted to talk with me, so I met with him to find out what his complaint was. His case was over and dismissed, but the lasting affect it had […]
Having Good Breath is a Crime In Utah!
I was asked the other day what the consequences are of a minor in possession/consumption of alcohol. Interesting question with the new laws in effect now. Lets say you were never in a car, you are 18 years old, and you rinsed our mouth out with Listerine. An officer comes up to you and […]
The Innocent Accused
I saw this story in the Salt Lake Tribune the other day. The man caused an accident that killed another man. It was an "accident." A so called "expert cop trained to spot impaired drivers" accused this man of being under the influence of a central nervous system depressant. The man was jailed for […]
Things are not always Black and White in Criminal Law
This women is being charged with multiple first degree felony rape charges. Today was her preliminary hearing. My partner, Rich Gallegos, is defending her. He asked me to sit with him at the defense table for support and for a second pair of eyes. He was masterful. The headlines for months read "Teacher had sex […]
Assumed Guilt by Association by Salt Lake City Police; DUI Dismissed
My client goes to a man’s residence to look at a car that the man has for sale. Client briefly looks at the car and prepares to leave. He gets in his own car. He starts the car. Two cops in an unmarked police car rush up with red and blue lights on. Cops take […]
Utah Crime Lab and Budget Cuts
The Utah State Crime Lab analyzes all the DUI cases that involve blood draws. Recently, in the Salt Lake Tribune, there was an article stating that budget cuts may cause cutting lab staff. If that happens, the lab people in the article say that this could cause turnaround time on blood sample results to slow […]
New Utah DUI Laws: Forfeiture of Vehicle
The new laws now allow seizure and forfeiture of your car. If you have been convicted of certain crimes, the government can take ownership of your car away. If you are driving on a suspended license, and your license was suspended because of a DUI or DUI Metabolite, then the government can take your vehicle […]
New Utah DUI Laws: Work / School Permit (NOT!)
The most common question I get asked is "Can I get a permit to drive to and from work while my license is suspended?" My answer used to be unequivocally no! My answer has not changed. This year, a new law was put in the code to allow a permit for school or work. However, […]
New Utah DUI Laws: Longer Driver’s License Suspensions
If a person gets arrested for DUI after July 1, 2009, then the driver’s license suspension period has been extended. Basically, a first time offender that does not refuse to take a breath test gets a 120 day suspension. (Used to be 90 days). A person with a prior DUI is now Two Years. A […]
Utah DUI Lawyer: Hiring a General Practitioner to do Heart Surgery
"What makes you different from other lawyers? Why should I hire you?" These are some of the most common questions I get from a citizen that has just been accused of a DUI. The simple answer… it is the difference between hiring a general practitioner doctor and a heart surgeon to do the surgery on […]