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

 Mykhaylo Meshko was a 50-year-old immigrant from Russia, who was killed in Hanover Township, Illinois, on his drive home from work at a local bakery. Meshko was yet another unfortunate victim of a drunk driving accident that landed the driver, Kirra McPeek anywhere from three to six years in prison.

According to news reports, McPeek was driving on the wrong side of the road at the time of the accident, a head-on collision with Meshko that killed him instantly and injured the one other passenger in the vehicle. McPeek was apparently just coming from a bar, where she had over ten drinks, about one third of a mile from the crime scene.

During the court proceedings, McPeek’s defense attorney noted that his client had never been in trouble before. She was an all-around good person, had gainful employment, and was the caretaker for her elderly grandmother. She accepted full responsibility for the accident, even enrolling in counseling immediately following the accident. News reports state that McPeek cried openly and expressed remorse to the widow of her innocent victim.

This story goes to show that even good people can make mistakes. Do not allow yourself fall prey to a situation similar to McPeek’s by driving drunk. However, if you are arrested for DUI, seek out an experienced attorney to serve as your advocate. Contact experienced, Board Certified DUI attorney Glen Neeley for your free DUI case evaluation today.

Source: http://citizensvoice.com/news/w-b-woman-gets-three-to-six-years-for-fatal-dui-accident-1.1163116?localLinksEnabled=false#ixzz1PXrYgeEl

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New laws came into effect regarding expungements.  The eligibility requirements have changed to the detriment of many.  To be eligible for expungement, the case has to be dismissed with prejudiced, meaning it cannot every be filed again.  Rarely, is a case dismissed with prejudice.  So it used to be that if a case was dismissed without prejudice, the citizen could file for expungement after 30 days.  Now, the person must wait as if convicted of the charge.  Here is the eligibility statute:

 

Utah Code
Title 77 Utah Code of Criminal Procedure
Chapter 40 Utah Expungement Act
Section 104 Eligibility for expungement of records of arrest, investigation, and detention -- Requirements.

77-40-104. Eligibility for expungement of records of arrest, investigation, and detention -- Requirements.
(1) A person who has been arrested with or without a warrant may apply to the bureau for a certificate of eligibility to expunge all records of arrest, investigation, and detention which may have been made in the case, subject to the following conditions:
(a) at least 30 days have passed since the arrest for which a certificate of eligibility is sought;
(b) there have been no intervening arrests; and
(c) one of the following occurred:
(i) charges were screened by the investigating law enforcement agency and the prosecutor has made a final determination that no charges will be filed;
(ii) the action against the person was dismissed with prejudice;
(iii) the person was acquitted at trial; or
(iv) the statute of limitations has expired on the offense.
(2) Notwithstanding Subsection (1)(a), a petitioner seeking expungement under Subsection (1)(c)(iii) shall be issued a certificate of eligibility on an expedited basis.

 

If you are convicted of the crime, or the case was dismissed without prejudice, you must wait the time periods listed below before you can expunge:  (77-40-105)

i) 10 years in the case of a misdemeanor conviction of Subsection 41-6a-501(2) (DUI) or a felony violation of Subsection 58-37-8(2)(g);
(ii) seven years in the case of a felony;
(iii) five years in the case of a class A misdemeanor;
(iv) four years in the case of a class B misdemeanor; or
(v) three years in the case of any other misdemeanor or infraction.

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For a first time offense of DUI, normally the Courts will not impose an ignition interlock device requirement unless the person's breath/blood alcohol content is at or over a .16.  If there is a subsequent offense, the ignition interlock is mandatory.  A person can be required to install the ignition interlock device if they are a restricted driver (no measurable amount of alcohol allowed) and the person is convicted of driving with a measurable amount of alcohol in the person's system.  Sometimes, responsible people put these devices in their car "just to be safe."  Be cautious.  These machines, like any other machine, can give false readings.  I had a client that kept setting the device off because she used hand cleaner that has an alcohol base to it.  Further, you may blow into the machine and determine that you are under the limit of .08.  However, an officer can still arrest you if he believes you are too impaired to drive your car safely regardless of what your breath alcohol content.  People have asked me, where do I get one of these machines?  Here is a list that I found in Utah for that machine.

BREATH ALCOHOL IGNITION INTERLOCK DEVICE PROVIDER LIST 02/29/08

A breath alcohol ignition interlock device is a constant monitoring device which, when installed in a
motor vehicle, prevents the motor vehicle from being started without first sampling the operator’s breath
alcohol concentration. If the operator’s breath alcohol concentration is greater than a predetermined
concentration level the device prevents the motor vehicle from being started.

The following is a list of providers certified to calibrate and install breath alcohol ignition interlock
devices in Utah:

702 Motoring
Contact: Joey Carter
595 Bluff St.
St. George, UT 84770
Telephone: (435) 986-9800

A Plus Interlock Systems
Contact: CoDee Stephens
2647 S 1900 W
West Haven (Ogden), UT 84401
Telephone: 1-800-659-0380
Cell: (801) 510-4440 (Ogden)
Fax: (801) 334-7499

Affordable Interlock
7107 S 400 W #4
Midvale, UT 84047
Telephone: (801) 562-5111
Toll Free: 1-888-488-0484

Affordable Interlock
155 N Bluff St.
St. George, UT 84770
Telephone: (801) 562-5111
Toll Free: 1-888-488-0484

Affordable Interlock
325 N Main St.
Spanish Fork, UT 84660
Telephone: (801) 562-5111
Toll Free: 1-888-488-0484

Alcohol Sensors International
Contact: David Gannon or Joseph Lively
3911 West VanBuren
Phoenix, AZ 85009
Toll Free: 1-888-786-7384

American Interlock
Contact: George Stoll
PO Box 2045
West Jordan, UT 84084
Telephone: (801) 201-1255
Email: a_interlock@hotmail.com

Best Interlock
Contact: Patrick Kennett
2232 N 640 W
West Bountiful, UT 84087
Telephone: (801) 292-7800

Best Interlock
Contact: Patrick Kennett
860 W Riverdale Rd., Unit A2
Riverdale, UT 84405
Telephone: (801) 644-1600

BTC Interlock
Contact: Sean or Levi
515 N 2500 W
Vernal, UT 84078
Telephone: (435) 789-6465

Chapman Security & Investigations, LLC
Private Probation Division
7651 S 700 W, Suite 109
Midvale, UT 84047
Telephone: (801) 838-9194
FAX: (801) 838-9196

Chapman Security & Investigations, LLC
Private Probation Division
7 South Main Street, Suite 108
Tooele, UT 84074
Telephone: (435) 843-0814
FAX: (435) 843-0854

Consumer Safety Technology
Contact: Ask for Sales
Scot Lewton, Dave Arringdale, or Tracy
Pettyjohn
10520 Hickman Rd., Suite F
Des Moines, IA 50325
Toll Free: 1-877-777-5020
www.intoxalock.com
Email: slewton@cstinc.com
Locations:
Murdock Chevrolet
1355 S Carbon Ave
Price, UT 84501

Riverdale Circuit City
Road Shop
1093 W Riverdale Rd
Riverdale, UT 84405

Stokes Car Entertainment
896 N Main
Logan, UT 84321

Orem Circuit City
360 W University Parkway
Orem, UT 84058


Utah Motor Company
270 E Main St
Vernal, UT 84078

Sugarhouse Circuit City Road
Shop
724 E 2100 S
Salt Lake City, UT 84106

Fort Union Circuit City Road Shop
1340 E Park Centre Drive
Salt Lake City, UT 84121

Foreign Auto Service
257 W St George Blvd
St George, UT 84770

Jordan Landing Circuit City
Road Shop
7156 S Plaza Center Drive
West Jordan, UT 84084

Guardian Interlock Systems
Contact: Joseph Sheram Jr
110 Mariette Station Walk Suite 320
Marietta, GA 30060
Toll Free: 1-800-849-5465
Contact: Chris Muirbrook
Salt Lake City, UT
Telephone: (801) 278-4446


LifeSafer Interlock
Contact: Mary E Phillips
1424 s Gladiola St., #1
Salt Lake City, UT 84123
Toll Free: 1-888-301-6906
Telephone: (801) 886-2456

S&S Interlock
Contact: Scott Thompson
285 W 200 S
Pleasant Grove, UT 84062
Telephone: (801) 785-4606

Smart Start
Contact: Jim Ballard
4850 Plaza Drive
Irving, TX 75063
Toll Free: 1-800-880-3349



BREATH ALCOHOL IGNITION INTERLOCK DEVICE PROVIDER LIST 02/29/08

A breath alcohol ignition interlock device is a constant monitoring device which, when installed in a
motor vehicle, prevents the motor vehicle from being started without first sampling the operator’s breath
alcohol concentration. If the operator’s breath alcohol concentration is greater than a predetermined
concentration level the device prevents the motor vehicle from being started.

The following is a list of providers certified to calibrate and install breath alcohol ignition interlock
devices in Utah:

Cache County
Consumer Safety Technology
Contact: Ask for Sales
Scot Lewton, Dave Arringdale, or Tracy
Pettyjohn
10520 Hickman Rd., Suite F
Des Moines, IA 50325
Toll Free: 1-877-777-5020
www.intoxlock.com
Email: slewton@cstinc.com
Stokes Car Entertainment
896 N Main
Logan, UT 84321

Carbon County
Consumer Safety Technology
Contact: Ask for Sales
Scot Lewton, Dave Arringdale, or Tracy
Pettyjohn
10520 Hickman Rd., Suite F
Des Moines, IA 50325
Toll Free: 1-877-777-5020
www.intoxlock.com
Email: slewton@cstinc.com
Murdock Chevrolet
1355 S Carbon Ave
Price, UT 84501


Davis County
Best Interlock
Contact: Patrick Kennett
2232 N 640 W
West Bountiful, UT 84087
Telephone: (801) 292-7800


Salt Lake County
Affordable Interlock
7107 S 400 W #4
Midvale, UT 84047
Telephone: (801) 562-5111
Toll Free: 1-888-488-0484

American Interlock
Contact: George Stoll
PO Box 2045
West Jordan, UT 84084
Telephone: (801) 201-1255
Email: a_interlock@hotmail.com

702 Motoring
Contact: Joey Carter
595 Bluff St.
St. George, UT 84770
Telephone: (435) 986-9800

A Plus Interlock Systems
Contact: CoDee Stephens
2647 S 1900 W
West Haven (Ogden), UT 84401
Telephone: 1-800-659-0380
Cell: (801) 510-4440 (Ogden)
Fax: (801) 334-7499

Chapman Security & Investigations, LLC
Private Probation Division
7651 S 700 W, Suite 109
Midvale, UT 84047
Telephone: (801) 838-9194
FAX: (801) 838-9196

Consumer Safety Technology
Contact: Ask for Sales
Scot Lewton, Dave Arringdale, or Tracy
Pettyjohn
10520 Hickman Rd., Suite F
Des Moines, IA 50325
Toll Free: 1-877-777-5020
www.intoxlock.com
email: slewton@cstinc.com
Sugarhouse Circuit City Road Shop
724 E 2100 S
Salt Lake City, UT 84106
Fort Union Circuit City Road Shop
1340 E Park Centre Drive
Salt Lake City, UT 84121
Jordan Landing Circuit City
Road Shop
7156 S Plaza Center Drive
West Jordan, UT 84084




Guardian Interlock Systems
Contact: Joseph Sheram Jr
110 Mariette Station Walk Suite 320
Marietta, GA 30060
Toll Free: 1-800-849-5465
Contact: Chris Muirbrook
Salt Lake City, UT
Telephone: (801) 278-4446

LifeSafer Interlock
Contact: Mary E Phillips
1424 s Gladiola St., #1
Salt Lake City, UT 84123
Toll Free: 1-888-301-6906
Telephone: (801) 886-2456

Tooele County
Chapman Security & Investigations, LLC
Private Probation Division
7 South Main Street, Suite 108
Tooele, UT 84074
Telephone: (435) 843-0814
FAX: (435) 843-0854

Uintah County
BTC Interlock
Contact: Sean or Levi
515 N 2500 W
Vernal, UT 84078
Telephone: (435) 789-6465

Consumer Safety Technology
Contact: Ask for Sales
Scot Lewton, Dave Arringdale, or Tracy
Pettyjohn
10520 Hickman Rd., Suite F
Des Moines, IA 50325
Toll Free: 1-877-777-5020
www.intoxlock.com
email: slewton@cstinc.com
Utah Motor Company
270 E Main St
Vernal, UT 84078


Utah County
Affordable Interlock
325 N Main St.
Spanish Fork, UT 84660
Telephone: (801) 562-5111
Toll Free: 1-888-488-0484

Consumer Safety Technology
Contact: Ask for Sales
Scot Lewton, Dave Arringdale, or Tracy
Pettyjohn
10520 Hickman Rd., Suite F
Des Moines, IA 50325
Toll Free: 1-877-777-5020
www.intoxlock.com
email: slewton@cstinc.com
Orem Circuit City
360 W University Parkway
Orem, UT 84058

S&S Interlock
Contact: Scott Thompson
285 W 200 S
Pleasant Grove, UT 84062
Telephone: (801) 785-4606

Weber County
Best Interlock
Contact: Patrick Kennett
860 W Riverdale Rd., Unit A2
Riverdale, UT 84405
Telephone: (801) 644-1600

Consumer Safety Technology
Contact: Ask for Sales
Scot Lewton, Dave Arringdale, or Tracy
Pettyjohn
10520 Hickman Rd., Suite F
Des Moines, IA 50325
Toll Free: 1-877-777-5020
www.intoxlock.com
email: slewton@cstinc.com
Riverdale Circuit City
Road Shop
1093 W Riverdale Rd
Riverdale, UT 84405

Washington County
Affordable Interlock
155 N Bluff St.
St. George, UT 84770
Telephone: (801) 562-5111
Toll Free: 1-888-488-0484

Consumer Safety Technology
Contact: Ask for Sales
Scot Lewton, Dave Arringdale, or Tracy
Pettyjohn
10520 Hickman Rd., Suite F
Des Moines, IA 50325
Toll Free: 1-877-777-5020
www.intoxlock.com
email: slewton@cstinc.com
Foreign Auto Service
257 W St George Blvd
St George, UT 84770

Out of State

Alcohol Sensors International
Contact: David Gannon or Joseph Lively
3911 West VanBuren
Phoenix, AZ 85009
Toll Free: 1-888-786-7384

Smart Start
Contact: Jim Ballard
4850 Plaza Drive
Irving, TX 75063
Toll Free: 1-800-880-3349

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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."
Continue Reading...

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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 to have this device. The device is basically a breathalyzer that will not allow a car to start if the driver has alcohol in their system. Kutv News did a story on this which I have posted below in the continue reading button. Here's the problem that many clients experience with this device:

• They constantly malfunction.
  
• They can read alcohol if the person has perfume on them or an alcohol based fragrance.
  
•  They misread other substances on the breath as alcohol.
  
•  They have to be maintained and checked constantly.

Continue Reading...

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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 of a DUI and the evaluator did not recommend treatment.  It just cuts against the grain and common sense.  Some people have felt these classes are not about rehabilitation so much as money.  I disagree with that opinion and often recommend a client get into treatment before going to Court.  Whether we are contesting the charge or not, the treatment is relatively cheap and it can only help the person.  My theory is that an alcoholic is not necessarily a person who has to drink everyday.  My definition of an alcoholic is when alcohol begins to interfere with a person's life regardless of how much or how often they drink.  Getting a DUI is definitely an interference with a person's life.

There are a lot of great programs out there.  However, for the Courts and the DMV to recognize the class, it must be a State Certified "Prime for Life" class.  This web site is great to find classes all around the country and in a person's own city.  I suggest you call them directly and verify that they are state certified and teach a class that is recognized by the Courts.  Hitting the continue reading button will give you a list of providers in the Ogden area.     



Continue Reading...

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I found this article in the Ogden Standard Examiner.  The opinion of the writer is one that I have heard many times.  I see what the writer is talking about quite often in reference to "overly aggressive" prosecutions.  We don't seem to care what happens to people incarcerated, at least, until one of our loved ones ends up there.

Publication:Standard Examiner; Date:Jan 11, 2008; Section:Opinion; Page Number:4A


Utah’s justice system needs repair

What’s wrong with the justice system?

Prosecutors are overly aggressive and seek convictions at any cost to further their careers, and different levels of law enforcement are abusive to inmates. The system has corrupt officers who hide behind their badges while breaking the law, and a judge who failed to recuse himself from a trial due to friendship with the victim’s family.

There are people who are innocent and are sent to prison, and people who have mental disabilities and need help but are sent to jail or prison without getting the help they need.

The state then asks for more federal funding, and our taxes are raised because a new prison needs to be built.

The problem is there is not one elected official who is willing to step up to the plate and recognize that there is a problem, nor do they use their position to promote a healthy, safe rehabilitation program within the prison or jail. They have the feeling that prison is a problem with no solution.

The temptation is always to look away, hoping the troubles inside the walls will not affect us.

Every day people go to prison, but the public knows very little about their conditions of confinement (rape, abuse by officers, infectious diseases, etc.) and whether they are being punished in ways that no jury ever intended. Unless the experience of incarceration becomes real through the confinement of a loved one, the people inside the confined walls are far removed from daily concerns.

Bonnie Terry

West Haven

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DUI's Cost a lot.  Even if you are not guilty and found not guilty, they cost a lot.  The prosecutors and police officer's know this.  I had a prosecutor tell me that they would rather try the case and lose, than to dismiss a case against a man whose breath alcohol level was .06, which is below the legal limit to drive.  Another prosecutor told me after he lost a DUI case, "well, at least he had to pay you."  What a vindictive outlook.  The costs are great.  However, I truly believe that the costs can be minimized by hiring a lawyer.  A lawyer may cost a lot in the short run, but can save a lot in the long run.  That is if you have an attorney that is willing to put up the fight.  Here's an article about costs that I stumbled on recently.

Drunk driving could cost $20,000
By Craig Guillot •


Twenty thousand dollars sounds like a lot to pay for a drink at a holiday party, but if that last cocktail puts you over the legal limit, that "one for the road" could easily cost you that or more.

And that's only considering the potential financial cost of being ticketed for driving under the influence or driving while intoxicated, better known as DUI or DWI, never mind the staggering financial blow if you cause an accident -- or the emotional devastation if your actions cause injuries or worse.

With the holidays upon us, early December through the new year is one of the worst times for drinking and driving. In fact, December is National Drunk and Drugged Driving Prevention Month. According to the National Highway Safety Administration, or NHTSA, 17,602 people were killed in alcohol-related motor vehicle crashes alone in 2006 and alcohol-related crashes cost about $51 billion every year. In 2005, a whopping 1.4 million drivers were arrested for driving under the influence.

One drink too many puts you at risk for not only an arrest, but also for fees, fines and costs that can run you thousands of dollars. While a DUI or DWI may be a misdemeanor charge in a number of jurisdictions, it's a matter that most judges and district attorneys take very seriously. The financial toll of a conviction will play out for years to come, and in many states that can add up to $20,000 before everything is over. This includes bail, fines, legal fees, increased auto insurance premiums, loss of work income, court-ordered alcohol education programs and more.

Of course, if you get fired from your job as a result of the arrest, that dollar figure would skyrocket.
Potential expenses from a DUI -- first offense

You don't even have to get convicted to start running up expenses on a DUI charge. But if you're found guilty, a first offense could mean that last drink cost you dearly. While the amounts vary by location and specific circumstances, here are some of the expenses you may realize:
• Fines. • Court costs.
• Attorney fees. • Bail.
• Loss of job. • DUI "school."
• Temporary loss of income. • Car towing, impounding.
• Alternate transportation costs. • Car ignition interlock device.
• Periodic blood testing. • Monthly monitoring fees.
• Cost of incarceration. • Increased auto insurance premiums.

The financial impact of a DUI arrest on any one person can vary greatly depending on many factors, such as driving record, jurisdiction, blood-alcohol level, attorney fees and fines, not to mention the specific circumstances of the incident and whether there was an accident or if anyone was injured.

The Texas Department of Transportation says a June 2006 survey in that state showed the total costs of a DWI arrest and conviction -- for a first time offender with no accident involved -- would range from $9,000 to $24,000.

And while expenses can vary substantially by jurisdiction, in no city is a DUI charge cheap.

In 2000, when graduate student Kate S. was driving home from a party in Woodstock, Ga., she was involved in an accident. She was not found to be at fault for the mishap, but blood tests at the hospital later revealed she was over the legal alcohol limit and she was booked on a DUI charge. Some costs Kate had to pay included a $2,500 fine, approximately $3,000 in legal fees and insurance premiums that rose an additional $600 per year for the next five years.

"As part of my sentence, I had to go to what they call 'DUI school,' and one of the things we had to do was tally up how much

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In this recent article, a form  UHP  Trooper  appeals his  conviction from a Justice Court.  This is actually very common.  Utah has a unique system.  Class B Misdemeanors and lessor offenses can be heard in a Justice Court (municipal court, or city court).  These courts have no video or record made while hearings go on.  There are soon changes to be made to these courts because some feel there is at least the appearance that these courts serve only the purpose of collecting money.

If you don't like what you get in this court not of record, you can appeal to the District Court.  You get a whole new start...well sort of.  Check this out.  You go to Court, everything is against you and you lose.  You don't get a fair trial.  So the judge sentences you to jail.  You tell the judge that you want to appeal to the District Court.  The judge gets miffed by this--takes money from his employer perhaps.  So the judge says, fine, go to the District Court, but I'm still imposing the jail time.  Then you are stuck trying to get the District Court to stay your sentence.  That is what happened in this case according to the article.

When Swain decided to appeal the case to 3rd District Court, his attorney asked Bertch to stay the sentence pending the outcome of the appeal.

Bertch refused, noting in an entry that a stay must be granted only if there is a substantial likelihood of a different outcome on appeal. The judge said he felt there was not much likelihood of a different outcome. Meanwhile, Bertch said, the sentencing provisions will protect the public from Swain.

Continue Reading...

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I went to a sentencing hearing today.  My client was found Not Guilty of felony DUI at trial.  He was found guilty of interfering with an arrest.  At sentencing, the state jumps up and down "WE WANT JAIL!"  The  interfering with arrest charge was a minor issue in the case.  Most people get that charge mainly because they were uncooperative.  Most people get a small fine and a slap on the wrist without much noise from the prosecutor.  It felt like when my client was acquitted, the State was incensed.  So on a minor charge, the State jumps up and down crying for jail time on something no one ever goes to jail without some extraneous circumstances.

I have no complaints about the judge in this particular case.  He bent over backwards to ensure that my client was handed a fair trial.  The judge made very sound decisions in ruling on objections and matters of evidence.  That does not mean that the judge ruled in my favor all of the time, but he always made sure I understood why he ruled against me.  The judge was fair on sentencing.  He certainly did not go easy on my client, but he gave my client a chance.  My client's future rests in his own hands.

I have some concerns about the sentencing process.  The judge sends a person that is to be sentenced to get a pre-sentence report.  The person goes to a probation agency.  The agency is supposed to be independent of the prosecution.  However, it seems far too often that the input comes from the prosecution.  In fact, in Weber County, the probation person sits in Court on the right hand side of the prosecutor.  They are one being in purpose.  I often see at sentencing a prosecutor whispering in the probation agent's ear.  Why have the probation person there?  If the judge wants to know what the prosecutor recommends, just ask the prosecutor.  My feeling is that this is an area that needs to be fixed. 

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Here is an article about South Carolina, which ranks as one of the worst for percentages of drunk-related deaths.  However, Utah ranks as one of the best in the nation.

The article states:

--In the U.S., someone is killed in an alcohol-related accident about every 30 minutes.

--Roughly one-third of all drivers arrested or convicted of driving while intoxicated or driving under the influence of alcohol are repeat offenders.

--There were 13,470 drunk-driving traffic deaths last year in the U.S.

Some of the other "worst" states in percentage of fatalities involving a drunk driver: Montana, Hawaii, Texas, Louisiana, New Hampshire, North Dakota, Connecticut and South Dakota.

These states are reported as the "best" in low percentage of drunk-related deaths: Utah, Kentucky, Nebraska, North Carolina, Alaska, Maine, New York, Georgia, Indiana and Iowa.

The author jumps on the bandwagon with MADD to get even more tougher on DUIs.  The author believes that jail time is a threat.  Most of the people I deal with do not intend to drive drunk.  They seem to lose their rational thinking at some point during the evening.  Calling on the powers of deterrence just doesn't seem to work.  In the previous post I did, I like the solutions suggested by the Janice.  It's too easy to gripe and complain.  It's too easy to jump on the band wagon of "let's get tough of DUIs.  Imprisoning people has never worked.  Look for other solutions.  Make car manufacturer's develop cars that won't start if alcohol is on your breath.  Provide other ways for a person to get home.  Just some things to consider. Continue Reading...

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I like this article written by Janice Kopaunik.  She seems to be looking for a solution to the problem, not just complaining about it.  She makes some really good observations.

• Does heavier punishments work? 
  
  • If you have been drinking, do you really rationalize the stiff punishments and fines?
• "Punitive laws will do little to stop would-be-criminals when the punishment is already severe enough."
  • This is a great observation.  She recognizes that the consequences of a DUI are more severe than the ticket itself citing the loss of license, losing a job, etc.
• Janice then talks about a solution and looks for an effective strategy.   She looks at preventative measures like providing low cost and free rides at the expense of convicted drunk drivers.  In other words, Janice is suggesting that fines and fees that are paid to the court should be used to fund ways of getting people home safe.

I applaud Janice's article in looking for a solution rather than creating a punishing society with no end in site for this problem.
Continue Reading...

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Stephen Hamilton, an attorney that specializes in Defending people accused of DWIs in Lubbock Texas, wrote a blog on the Scarlet S.  He linked to an article in Arizona that talked about posting people who have been accused of DUIs on a billboard. Just like Stephen, I see serious problems branding people with the "Scarlet DUI". 

• First, if in fact the posting goes up before there is a conviction, the jury pool is tainted and you are now presumed guilty.
• Second, If you have prior DUI's, and you have changed your life, you will be presumed guilty regardless if you are driving impaired or not.
• Third, is this an effort to protect society, or is in effort to outcast people who have made mistakes?  Isn't this just public humiliation and harassment rather than protection?

Where does this stop?  Do we post all of our sins and misdeeds for everyone to see.  There are already websites up where a potential jury can search a persons name and get their whole criminal history.  Impartiality goes out the window and the person is convicted for past crimes for which the person has already been punished, and the person may very well be innocent for this crime.  Reminds me of an old movie called "The Star Chamber" where the judges hire hit men to kill people who were let go because of "technicalities."  The character Michael Douglas plays discovers that the people he was going to have killed were in fact innocent.  We have a system in place that begins with the presumption of innocence.  It means nothing to those who do not need it.  It is the difference between life and death, between incarceration and freedom, and between guilty and innocence.   Remember,  it is better that  10 guilty go free, than to let one innocent person be convicted. 
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Recently, someone asked me if they take their case to trial, will they be punished worse that if they just plead guilty.  The simply answer is generally no.  In Utah, most Courts recognize that a person should not be punished for exercising the right to trial.  However, out of the hundreds of DUIs that I have handled, there has been one time when a judge punished the man far worse than the minimum mandatory sentencing guidelines.  This is very uncommon in most Utah courts.  In fact, I find that many judges get to know my clients in trial and their punishment is less severe than a standard sentencing.  That is why my theory and strategy is to take the case to trial even if it looks like a person has no chance of winning the case.  Take the case to trial and you never know, something may happen that will allow the jury to find you not guilty.  You may not have much to lose and the judge may find favor in you if you do.

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When a person is convicted of a DUI, generally, a Court will sentence a person.  The Court will address punishments, conditions of probation, and treatments.  For example, for a first time offense, a person normally and generally receives as sentence a fine of $1332, a Prime for Life alcohol treatment program, 48 hours community service or 2 days jail, and probation for 1 year.

There are some things that the Court does not advise the person and many people get surprised later on down the road.

No Concealed Weapons Permit

First, a person convicted of a DUI or an Alcohol Related Reckless is not aloud to have a concealed weapons permit.  In fact, a person convicted of any crime involving alcohol is not aloud to have a concealed weapons permit.  Utah Code Ann. Section 53-5-704 denies a person a concealed weapons permit if a person does not have a "good moral character."  That statute states as follows:

a) An applicant satisfactorily demonstrates good character if the applicant:
(i) has not been convicted of a felony;
(ii) has not been convicted of a crime of violence;
(iii) has not been convicted of an offense involving the use of alcohol;
(iv) has not been convicted of an offense involving the unlawful use of narcotics or other controlled substances;
(v) has not been convicted of an offense involving moral turpitude;
(vi) has not been convicted of an offense involving domestic violence;
(vii) has not been adjudicated by a state or federal court as mentally incompetent, unless the adjudication has been withdrawn or reversed; and
(viii) is qualified to purchase and possess a firearm pursuant to Section 76-10-503 and federal law.

No Entrance into Canada

Second, the Court does not tell you that your travel will be restricted.  Canada will not allow a person that has been convicted of anything that would be a felony in Canada.  A DUI is a felony in Canada.  Lawrence Taylor wrote about this issue involving President George W. Bush.  The Immigration Act lists ways around this but expect a big hassle.

No Expungement for 10 Years

Third, normally a class B misdemeanor is expungeable after 3 years.  A qualified felony is expungeable after 7 years.  A class B DUI or Alcohol Related offense is not expungeable for 10 years.  The Courts will tell a person that the charge is enhanceable for 10 years, but seldom tell the person it is not expungeable for 10 years.  The Bureau of Criminal Identification gives the criteria.  Don't be surprised if the statute is soon changed that the charge will never be expungeable.  Under the expungement statute, a DUI is worse than being a drug dealer!

Restricted Driver's License

Finally, the Court does not tell the person any consequences with the person's driver's license.  A person convicted of DUI or Alcohol Related Reckless will have a Driver's License (when it is returned after a suspension) that is restricted to driving without any alcohol in the person's system.  Many people say no problem, I'm never going to drink again.  I'm saying, do not have mouth wash, cough syrup, or alcohol based breath sprays.  If an officer thinks he smells alcohol, plan on another class B misdemeanor and more consequences to your license.

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Here is a story that was in the Standard Examiner regarding issues of violating probation and driving while your license was suspended.  This was published June 13, 2007.

What if Paris were in Utah?
Local attorneys talk about how DUI sentences compare
BY JESSE FRUHWIRTH
Standard-Examiner Davis Bureau jfruhwirth@standard.net

FARMINGTON — While nationwide pundits decide whether Paris Hilton’s “celebrity justice” means she’s being let off easy or treated too harshly, two local attorneys agree her sentence has been comparable to “Utah justice.”
Neither
Deputy Davis County Attorney Richard Larsen nor Ogdenbased defense attorney Glen Neeley claim to be experts on California’s DUI laws. Each state legislature sets its own rules on how driving under the influence of drugs or alcohol is to be penalized.
Both men, however, have extensive courtroom experience with Utah’s DUI laws. They answered questions on how a defendant who had been convicted of a first DUI and twice caught driving on a subsequently suspended license might fare in Top of Utah courts.
First-time DUI offenders, Larsen said, will usually receive a sentence similar to Hilton’s.
“It is fairly standard in Utah. The fine is $1,332, then a requirement of either two days in jail or 48 hours of community service,” he said. “Generally, what happens is, the judge allows the community service.”
More punishment, Neeley added, comes from the driver’s license suspension, which forbids the recent DUI offender from getting behind the wheel for any reason.
“You’ll get 90 days suspension for a first offense,” Neeley said. “Your second offense is one year. … In Utah, it’s black and white. Other states have a ‘needs necessary’ license, but Utah has no permit for driving to work.”
Even then, the punishment is not over, and this is before any probation violations occur.
“If your license is suspended for a DUI, you’re normally going to have an ‘alcohol-restricted license,’ ” Neeley said.
New in 2005, the sometimes-referred-to “not-adrop” law states that, for two years, first-time DUI offenders are not allowed to operate a vehicle if they have even the slightest amount of alcohol in their system.
Nonoffenders can consume alcohol and operate a vehicle lawfully, provided the driver’s blood-alcohol level is lower than 0.08.
Violating the 90-day suspension — even while completely sober — or the twoyear alcohol restriction usually won’t land a person in jail, Neeley said.
“It can be jail time, but if it’s the first time they’ve been caught, it’s usually just a fine, community service, things like that,” he said.
But there is no framework for penalizing probation violators the way there is for the initial DUI, Larsen said, so a judge is legally allowed to sentence up to six months in jail.
“When you get to the point of a probation violation … ultimately, it’s the judge that makes the final decision,” he said.
Depending on the community, Larsen said, courts will consider jail overcrowding when sentencing a first-time probation violator. Also, he said, Top of Utah courts typically allow work release to individuals who have steady employment.
“If somebody has a job, we generally consider it to be in the community’s best interest to allow them to keep working rather than causing them to lose their jobs,” Larsen said.
Of course, people on work release won’t be able to drive themselves to their job. They’ll need to take the bus or catch a ride from someone else.
But what about a second probation violation? Could a person really evade jail time after a second violation of a court order?
“They may not get jail time if the defendant understands the circumstances and is getting the message,” Larsen said, “and if not, a judge asks, ‘What can I do to get through to this defendant?’ ”
It appears as if Hilton, after two probation violations, might serve as many as 40 more days in jail.
Both Neeley and Larsen stopped short of saying whether that is unusual. They agree that it simply depends on the policies, attitudes and judgments of the judge.

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