Utah DUI Attorney : Salt Lake City DUI Lawyer & Attorney : Glen Neeley : Serving Davis County, Ogden, Brigham City, Logan

I was called on the phone today by KSL News today about a story that was unfolding.  A man hit and killed a UPS driver.  He was charged with a Vehiclular Hommicide by the goverment.  The Utah State Toxicology Lab tested his blood and came back with a result of .19.  The man was in disbelief, said he had not drank in 20 years.  The blood was then tested by a private lab.  Guess what?  the result was .000.  The State Lab then retested the sample and came up with .000.

How could this happen?  The lab claims that a number was transposed from a 9 to an 8.  I don't know what that means.  However, a sample is supposed to be tested 4 times with preliminary tests and then confirmation tests.  If nobody questioned this test and the sample was never retested, this poor man would be facing felony charges. 

That sad comment that the Lab superviser made was that "We're reminded of the effects that our work has on real people."   You have to be kidding me.  This reminds you that people are going to jail over your mistakes!

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I saw this site on the internet that asked the question, "What do you think about DUI Check Points?"  The comments were interesting and people were pretty evenly split among for and against. The interesting response that was common among these people was "I don't mind going through a checkpoint if it will just get one drunk driver off the road."  That sounds good right.  Here is the problem:  Tell that same thing to my client where the UHP put him through the drill.  He was put through field sobriety tests, his car was searched and impounded, he was arrested and placed in jail, he had to bail himself out, and had to hire an attorney.  A trooper drew his blood.  The troopers were on video saying "I don't know should I arrest him or not, its close."  They then said "well arrest him, if the blood comes back clean, no harm done."  Right!  No harm done.  After the troopers made all these claims of failed field tests and clues of impairment, no substance was found in his drug--no drugs, no alcohol.  

    What I hear these people saying is "burn down the whole barn to kill one rat."  "Stop and detain as many people as you want to get one person."  I hear them saying, "here are my rights, you can have them."

     This is very dangerous thinking. I saw a quote the other day that my good friend Stephen Hamilton puts at the bottom of his emails that says something like "Protecting the Lord's children who have fallen short of perfection from the wrath of those who believe they have attained it -- Stu Kinard."

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