Utah DUI's and Suppression Hearings

Many times, after being hired, I get the reports, the video, and any other evidence I can gather.  I then look at that evidence to determine if there is a way to get the case dismissed as quickly as possible without going to trial.  If I see an issue, I file a motion to suppress the evidence and ask for a hearing for the Judge to determine if evidence should be suppressed.  Many people don't understand this process.  This is a video of a suppression hearing that took place in Logan, Utah.  This case started in the North Logan Justice Court.  That particular judge denied my motion.  I appealed the motion to the District Court.  The Judge at the District Court suppressed the evidence based on an illegal pull over.  The Judge, in his ruling, stated "we are not a police state yet!"

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 myspace account.  Needless to say, the photos did not depict a man kneeling and praying at church (although he was kneeling with large cups of beer in his hand.

My point is this:
  • Take your myspace and facebook pages down.
  • If you can't do that, tone your pages down.
  • Most of all, confessing your sins on these pages is just as good as a signed confession to convict you.
Here is a story my friend sent me on this very issue entitled Don't drink and drive, then post on Facebook.

This is is a quote "If it shows up under your name you own it," he said, "and you better understand that people look for that stuff."
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