Utah DUI Attorney

UHP Less than Truthful about Utah DUI Officer

Glen Neeley — Wed, 01 Feb 2012 11:38:12 -0700

Chris Jones from Channel 2 News Utah interviewed me about the UHP's handling of Trooper Steed's misdeeds. In 2010, Channel interviewed me and UHP. UHP told Channel 2 if Channel 2 was to pull other arrests that Trooper Steed was involved in, no misdeeds would be found. Channel 2 then received two letters of reprimand concerning Trooper Steed. Interestingly, the reprimands were being issued at the same time Channel 2 started investigating. I guess the UHP didn't count on Channel 2 following up and searching for the truth. I commend Chris Jones and Channel 2 for taking steps to expose the truth about this situation. Anyone arrested by this Trooper really needs to contact a competent attorney.

The Investigation Into Trooper Steed Continues

Glen Neeley — Sun, 01 Jan 2012 19:24:05 -0700

I have cases ongoing with this Trooper. She testified in Court that she has received two reprimands. The Highway Patrol will not turn over that information. The Court ordered them to do so, and now they are still fighting to keep the information about the Trooper quiet.

Trooper Lisa Steed is a highly decorated Utah Highway Patrol State Trooper in the State of Utah with a reputation as an outstanding role model among her peers. She has made more DUI arrests than any other trooper in the State of Utah. In 2007, Trooper Lisa Steed was named the Utah Highway Patrol Trooper of the Year. She was the first woman to ever receive this award.

Steed is now, and has been for over a year, under investigation after several complaints of policy and civil rights violations against her. One recent DUI arrest she made has since made national headlines. In November of last year, we wrote about the details of the arrest and the resulting investigation, which you can read about by clicking here:

http://www.utahduilawblog.com/2010/11/articles/field-sobriety-tests/judges-find-trooper-lisa-steed-not-credible/

Attorneys for Theron Alexander, the man arrested by Steed, have since filed motions seeking the records pertaining to their client’s arrest. Attorneys for the Utah Highway Patrol (UHP) are fighting to keep the records sealed, stating that a release of the records “would have a chilling effect on the UHP’s ability to perform disciplinary investigations in the future.”

Judge Kourkis of the Third District Court is expected to make his decision regarding Steed in a hearing scheduled for January 17.

Sources:

http://www.cityweekly.net/utah/article-12126-judge-cutlers-ruling-uhp-trooper-lisa-steed.html

http://www.sltrib.com/sltrib/news/53200488-78/records-steed-uhp-trooper.html.csp

Utah DUI UHP Trooper Investigated for DUI Arrests

Glen Neeley — Thu, 24 Nov 2011 09:56:47 -0700

Channel 2 did a story on Trooper Steed about year and reported on her wrongful arrest of a man that was handicapped. Once again, they have put the spotlight on her. There was recently a settlement for a lawsuit filed against her when she consistently Tasered a man sitting in his car asking for a lawyer.

I appreciate Channel 2 looking out for the people that cannot protect themselves from these people. Without the spotlight on this issue, the behavior of this trooper may continue. This will generate change.

I encourage anyone who has been arrested by this trooper to contact me or another competent attorney immediately. Nobody should be convicted if arrested by this Trooper. She has ruined lives. She has taken jobs, split up families, cost innocent people thousands of dollars.

Utah DUI and SR22 Insurance

Glen Neeley — Wed, 09 Nov 2011 09:08:33 -0700

There is an incorrect assumption out there that if you get a DUI, you are required to carry SR22 high risk insurance. NOT TRUE. Utah did not jump on that bandwagon, yet! SR22 Insurance is only required in the state of Utah if a person is convicted of not having insurance. Guest Blogger Dave B.G. wrote an article about this to help people understand the ins and outs of SR22 Insurance.

Understanding the SR22 Insurance Regulations for Utah

When it comes to carrying SR22 insurance, you may or may not be aware of the fact that the regulations and guidelines for this insurance can vary from state to state. SR22 is a type of insurance a driver carries when he or she is considered high risk or has been required to carry this type of policy. If a driver stops carrying this insurance prior to the time mandated, they will be in danger of losing their license.

A Utah driver may be required to carry SR22 insurance if:

A driver is caught driving with no auto insurance policy in place

In Utah, as with other states, there are three different types of SR22 insurance a driver can carry:

1. SR22 for Utah drivers who will be driving their own vehicle

2. SR22 for Utah drivers who will be driving a vehicle that belongs to someone else

3. SR22 for Utah drivers who will be driving either of the above.

The SR22 Process for Utah Drivers

There are steps to the SR22 process that must be followed before a driver’s license is reissued and the driver is permitted to drive again.

ðThe driver compares rates for insurance companies that offer SR22

ðFor the state of Utah, the minimum coverage drivers must have for their SR22 policy is $3,000 for personal injury protection, $25,000 for injury or fatality of another, $65,000 for injury or fatality of more than one person and $15,000 for property damage

ðOnce the policy is in place, the insurance company sends the SR22 to the Utah State Department of Motor Vehicles to request approval

ðUsually the driver will receive a letter of acceptance or rejection within a 30-day period

ðIf the Utah driver gets accepted, his or her driver’s license will be reinstated

ðFor the state of Utah, the driver is required to maintain SR22 insurance for a minimum of three years

ðFailure to keep the SR22 policy current can result in the driver’s license being revoked. Insurance companies are required by law to inform the Utah DMV should there be a lapse in the drivers insurance. The State will then usually revoke the license until an SR22 policy is put back in place.

Keep in mind that although Delaware, Pennsylvania, Kentucky, New Mexico, Minnesota and Ohio do not require SR22 policies, if you move from Utah when required to have SR22 insurance, you will still have to maintain this type of policy wherever you move.

http://le.utah.gov/~code/TITLE31A/htm/31A22_030400.htm

Appealing your Utah DUI

Glen Neeley — Fri, 23 Sep 2011 12:49:53 -0700

Maybe you went out for a nice meal with your spouse and both of you decided to indulge in a glass of wine (or two). When it came time to leave the restaurant, you decided that you were totally fine to drive, despite imbibing alcohol. After all, it was only one glass (or two). There’s no way you could have been over the legal limit and you certainly didn’t feel impaired. Unfortunately, the cop that pulled you over for swerving or driving erratically didn’t feel the same, especially once you’d taken a breathalyzer test and blown a 0.05% blood alcohol concentration (BAC). But wait, the legal limit is 0.08%, isn’t it? Indeed it is, but a DUI, which stands for Driving Under the Influence, can actually be issued at any time that an officer feels you are too impaired to drive, regardless of your BAC, and the charge comes with stiff penalties.

For one thing, you can have your license suspended for up to 120 days. But even aside from the fact that you lose the freedom of driving yourself around, you could also lose your freedom, period. A first offense carries with it the penalty of a minimum of 48 hours in jail, in a work service program, or in home confinement. Generally, you’ll also receive a year of probation, likely combined with some sort of mandatory DUI class or substance abuse education program. And there’s also the little matter of a $700 fine (minimum) that you’ll have to pay with an 85% surcharge stacked on top of that for a total of almost $1500. Clearly, Utah takes a firm stance on the issue of drinking and driving. However, a DUI doesn’t have to ruin your life. As long as you resolve to use it as a learning experience (and a mistake that you will never repeat), there’s no reason you can’t try get your sentence reduced and keep the ticket off your permanent record.

Because a DUI is a Class B misdemeanor, generally, you’ll start in municipal (or city) court. If you are convicted and sentenced at the municipal level, you may want to appeal the ruling in order to avoid the penalties associated with a DUI conviction. From here, the first thing you’ll want to do is secure the services of a lawyer. Although you can appeal a DUI on your own, you’ll have more luck if you go in with someone on your side that is well aware of the laws. For starters, you may not know that while you are appealing you can sometimes get your sentence stayed (so that you won’t have to begin serving it). This is just the sort of information your lawyer can provide.

Next, your appeal will be heard in district court. Although rulings are often upheld, you never know when a different judge might take your side (especially if the original ruling appears to have been unfair or unjust in some way). Even if the ruling is not overturned, you may be able to secure a more lenient sentence. But you’ll have a much better chance of getting your conviction overturned or your sentence commuted if you have a lawyer’s help.

Carol Montrose writes for NJ DUI Attorney, a New Jersey DWI defense law firm (www.nj-dmv-dwi.com).

People and Alcohol

Glen Neeley — Mon, 12 Sep 2011 13:38:21 -0700

Guest writer, Allison Gamble, wrote and interesting article for me to post regarding the who, what, when, where, why, and how of alcohol. Thanks Allison.

People and Alcohol

Humans' love of alcohol is millennia old despite the obvious downsides of alcohol abuse. Even with the traffic fatalities, health problems, and ruined relationships attributable to alcohol consumption, the industry still prospers. Alcohol sales increased by 10 percent from May 2010 through May 2011 during a period of 9.3 percent unemployment. It appears that people always find the money for a drink, even in hard times. Given the many negative repercussions of drinking, the question on many people's lips is why drink?

Why People Drink

In a world where special occasions are celebrated with a toast of champagne and glamorous TV sophisticates sip martinis out of first-rate crystal, it's doesn't take a mastery of forensic psychology to recognize the images glorifying alcohol. Social pressure, escapism, and stress offer understandable excuses for a drink. The allure of alcohol is often tied into smoothing social interaction and relaxing to have a good time. As a social lubricant, alcohol is hard to resist.

Drinking games and alcohol abuse are a right of passage for many. Teenagers and college kids have a hard time saying 'no' to alcohol for fear of being regarded as uptight or too serious. Peer pressure is a real problem for many young people: whether at the fraternity house keg party or an invitation for a drink after work, ordering a soda instead of something hard can make a person feel like an outsider or party-pooper.

Drunk Driving

Once that third or fourth drink is polished off and a drinker isn't thinking clearly, it's way too easy to forgo common sense and get behind the wheel of a car. About 30 people die daily at the hands of alcohol-impaired drivers. Estimated annual damages for drunk driving crashes total in the tens of billions of dollars. Given all the measures to deter drunk drivers, the problem remains a significant one.

Addicted to the Feel-Good Feeling of Alcohol

To fully understand the allure of alcohol it's helpful to recognize the reason a drink is so irresistible. A sip of alcohol is almost immediately absorbed by the small intestine directly into the bloodstream. When people jokingly say alcohol goes straight to their heads, they aren't joking. Traveling through the bloodstream, alcohol effectively expands blood vessels, causing the flushed, warm feeling associated with alcohol intoxication.

Once inside the brain, alcohol stimulates the nucleus accumbens, which is otherwise known as the 'pleasure center' of the brain. Dopamine is secreted from this pleasure center and rewards a drinker with the light-headed and euphoric feeling a person enjoys when slightly inebriated. This same chemical causes people to feel good after eating or having sex. Beyond small amounts, alcohol distorts vision, upsets equilibrium, and impairs thinking. When a drinker feels tipsy or drunk, it's because brain function really has been compromised.

Public Health

Several public health issues arise from alcohol consumption. Along with the substantial drunk driving menace, alcohol poisoning is a threat to binge drinkers. Symptoms of possible alcohol poisoning include confusion, slow or irregular breathing, blue skin, and loss of consciouness. An intoxicated person doesn't have to exhibit all of these symptoms to be suffering from alcohol poisoning.

Excessive drinking over time increases the probability of associated health problems. An estimated 79,000 US deaths annually are blamed on alcohol. This figure makes alcohol the third largest cause of death in the US due to lifestyle choices. Cardiovascular conditions such as myocardial infarction, hypertension, and atrial fibrillation can be aggravated by alcohol abuse. Other alcohol-related health complications are dementia, neuropathy, stroke, depression, anxiety, cancer, and liver diseases.

Prohibition

With so many problems associated with alcohol, it's no surprise that a movement fueled by a religious revival in the US aimed to ban the sale of alcohol in the early 1900s. After the broad circulation of anti-drinking propaganda in the form of scientific and religious pamphlets, posters, children's pamphlets, and songs, Prohibition officially began on January 16, 1920. A new constitutional amendment made it illegal to manufacture, transport, or sell alcohol, but wasn't taken seriously by many prominent citizens.

Nevertheless, it remained fairly easy to get an illegal drink. Many people kept private stashes of alcohol and were happy to share with friends and guests. Speakeasies and other establishments freely served booze, undermining the law and flouting the Prohibition movement. By 1933, it was apparent Prohibition was doing little to solve the social problems it was meant to address (in fact, it led to increased crime, and the illegal sale of alcohol fueled gang activity), and Prohibition was finally repealed.

Societal threats are typically met with a public outcry for elimination of the offending element or a cooperative effort to manage possible negative consequences. If Prohibition taught Americans anything, it was that simply forbidding substance abuse doesn't put a stop to it or solve associated problems. Managing the risks associated with alcohol by educating people about the health dangers of abuse and drunk driving and encouraging greater personal responsibility is the proper path to address the problem.

Man Sentenced To 25 Years in Prison for Fatal Utah DUI Crash

Glen Neeley — Sun, 28 Aug 2011 15:41:02 -0700

John Bishop is a 37-year-old man from Salt Lake City, Utah, who will spend the next 25 years of his life in prison for his role as driver in a crash that took place on April Fool’s Day of last year. The accident killed a 26-year-old passenger in the car at the time, and injured two others who were in the SUV that Bishop crashed into. According to news reports, Bishop was driving drunk at the time of the accident that occurred in April 2009. He was driving his BMW at speeds exceeding 100 miles per hour on Interstate 80 in Utah when he rear-ended an SUV. The accident caused Bishop’s car to flip over and catch fire. His passenger was ejected from the backseat of the car, and the crash sent the SUV spinning out of control.

Bishop ultimately pled guilty to one count of second-degree felony automobile homicide and two third-degree felony counts of driving under the influence. In addition to the DUI charges, Bishop is facing additional troubles in terms of a wrongful death lawsuit filed against him by the family of the passenger who was killed in the accident.

If you are charged with a DUI, regardless of the severity of your crime or any resulting accident, know that you have the right to have a competent, well-experienced attorney on your side. Glen Neeley is a board-certified attorney who is dedicated to his clients’ success, and looks forward to working as your advocate.

Source: http://www.chron.com/news/article/Man-gets-25-year-prison-term-for-fatal-DUI-crash-2137399.php

Not Supposed to be Illegal to Drive Under the Influence in Utah!

Glen Neeley — Fri, 26 Aug 2011 08:16:53 -0700

This article came out today wherein there is going to be a crack down on impaired drivers in the Zion's Utah area. Notice the quote from Zion Superintendent Jock Whitworth on the last line. “Our message is simple and unwavering – if you are found driving while under the influence, you will be arrested. No exceptions,” That's the problem. It is not illegal to drive under the influence. Cops believe this. The government wants you to believe this. The government announces in this article that there are "no exceptions." REALLY. The law allows a person to drive while under the influence. You just cannot drive while under the influence "to the degree you cannot safely operate a vehicle." Mr. Whitworth forgot that part. He has no exceptions. He is going to arrest you no matter what. It's just like the big lie the government put on billboards last year..."You Drink, You Drive, You go to Jail." This is the police attitude, but it is not the law. If anyone gets arrested for just being "under the influence", please call an experienced DUI Defense Attorney like myself who loves to fight these cases.

Get a DUI In Utah for Sleeping in Your Car

Glen Neeley — Thu, 18 Aug 2011 11:37:30 -0700

On August 11, 2011, the Utah Court of Appeals affirmed the conviction of a man who did the right thing. He felt he was too intoxicated to drive safely, so he pulled over and went to sleep. The Court recited some of the facts as:

"On July 27, 2007, at about 2:30 a.m., Officer Salvador Toscano discovered Prawitt asleep in the driver’s seat of a vehicle. The vehicle was legally parked on the side of the road, and Prawitt’s leg was hanging out the window. Toscano determined that Prawitt had actual physical control of the vehicle and was under the influence of alcohol. Toscano then arrested Prawitt for driving under the influence. A subsequent search of Prawitt’s vehicle revealed open beer containers."

The whole issue was whether Prawitt had actual physical control of the car. His leg was out the window, the keys were not in the ignition, he was asleep, the car was not running. The Court looked at common factors in the legal community to determine that the Trial Court made the right decision.

Applying the Richfield factors to the facts of this case, Prawitt was discovered asleep in the driver’s seat of the vehicle. The vehicle was legally parked on the side of the road, and the motor was not running. Prawitt was the sole occupant of the vehicle. He appeared capable of operating the vehicle, and it appeared to be capable of being driven. No other persons were present, nor did Prawitt claim that anyone had left, and Prawitt indicated to Toscano that he had in fact driven the vehicle to the location where it was discovered.

Here is the interesting part, the public policy issue. Under this law of actual physical control, the law actually encourages a person who feels intoxicated to make every attempt to drive home. If you are found asleep in your vehicle because you did the right thing by pulling off and being safe, you will be charged the same as the guy who was on the road driving drunk. The law promotes drive drunk, don't pull off. The Court in this case recognizes this and seems to not like it one bit. The Law is the law.

Although we believe the State satisfied its burden of establishing only probable cause, we note the possible perverse consequence this decision may have of encouraging drunk drivers to hedge their bets against getting caught and keep driving, rather than pull over and “sleep it off” in their vehicles, see Richfield, 790 P.2d at 93. The Richfield court recognized the ”compelling argument that intoxicated drivers should be encouraged to pull off to the side of the road to sleep it off,” but also categorized this consideration as “more appropriately [in] the province of the legislature.”5 Id. While the results in this case and in Richfield may have unintended consequences, we are nonetheless bound by Richfield under the doctrine of horizontal stare decisis.

Perhaps there should be a lesser crime for a person that is intoxicated in or about a vehicle or a safe harbor exception.

The case is State v. Prawitt, 2011 Ut App. 261.

Officer Gets own DUI

Glen Neeley — Sat, 30 Jul 2011 04:17:25 -0700

Florida Police Officer Charged With DUI

The following article just goes to show that sometimes, even police officers make mistakes. In Miami Beach, Florida, recently, two police officers were interacting with five women who were reportedly attending a bachelorette party. The police officers, who were in uniform at the time of the incident, were seen taking pictures with the women and drinking alcohol at a hotel club.

Some of the women made statements to the effect that they did not know the two men were actual police officers because of their unprofessional behavior. One of the officers eventually left with one of the women and the two took a ride on an all-terrain vehicle along the beach. According to news reports, the man was speeding along the beach without the ATV lights on when he hit two people, a man and a woman, who had been taking a walk along the beach. Both individuals were hospitalized and required surgery to repair their injuries.

The two police officers were fired from the police department and the former officer who crashed the ATV was charged with four felony counts of DUI and reckless driving causing serious bodily injury. He was later released on $30,000 dollars bail.

We can see from this story that individuals of all positions and titles—even those called to protect our communities—can make mistakes. If you find yourself charged with a DUI, contact an experienced advocate to help you see the options you have available to you. Glen Neeley is a board-certified attorney who is dedicated to his clients’ success, and looks forward to working as your advocate.

Source: http://www.duiattorney.com/news/7860-on-duty-miami-police-officer-charged-with-dui

DUI Runs in the Family?

Glen Neeley — Thu, 28 Jul 2011 04:11:49 -0700

Mother and Daughter Charged With DUI within Minutes of Each Other

Researchers have known for years that there is a link between alcoholism and a person’s genetics. In other words, a person’s genetics determine to some degree how likely they themselves are to be victims of alcoholism. For quite a few years, researchers have been doing studies trying to determine just how strong this link is.

For example, a news report out of Idaho Falls, Idaho, recently, indicates that the link may actually be very strong. On the other hand, maybe it is just a coincidence that 28 year old Alisha Gardner and her mother, 51 year old Diana Gardner, were both arrested for DUI in separate incidents, on the same night, within one hour of each other.

According to the news story, the younger Gardner was swerving in and out of her lane, posing a serious threat to other drivers and herself. Upon investigation, it was determined that her blood alcohol content was twice the legal limit. The elder Gardner then drove out to her daughter’s car. The police officer arresting Alisha Gardner smelled alcohol on Diana Gardner’s breath and arrested her as well.

There are other possible causes for this serendipitous situation. For example, genetics may not have even been a factor in both mother and daughter choosing to drink and drive. It may be that both women share a gene that causes them to process alcohol similarly and therefore perform badly on breath tests.

Whatever the case may be, if you are caught drinking and driving, you have a defense regardless of what the arresting officer may tell you, or even what a breath test says. Contact an experienced advocate to help you with your defense. Glen Neeley is a board-certified attorney who is dedicated to his clients’ success, and looks forward to working as your advocate.

Source: http://www.losangelesduiattorneyblog.com/2011/07/pasadena_dui_arrest_propensity.html

Pennsylvania Man Faces DUI Charges in Fatal Crash

Glen Neeley — Mon, 18 Jul 2011 18:14:41 -0700

45-year-old Matthew McNamara has been charged in connection with an accident that killed a woman and left her three children hurt in Caernarvon Township, Pennsylvania. McNamara is charged with driving without a license and homicide by vehicle, and faces charges of homicide by vehicle while driving under the influence, a felony, and two counts of aggravated assault by vehicle while driving under the influence, also a felony. He faces several other charges in relation to the accident as well. After a stint in Lancaster General, he was released to police to be charged, and is currently jailed at Lancaster County Prison on $100,000 bail.

The accident, which occurred on Route 322 and Shady Lane, happened this past Wednesday right before 4 pm. According to officials at the scene, heavy entrapment was involved, with the route temporarily shut down due to helicopters called for assistance. McNamara had tried passing another car, causing him to crash head on into a Ford Focus, driven by Joseph Wesley. His passenger, 23-year-old Syherah Cerdan, was pronounced dead at the scene. Among the children injured were a four-year-old and a three-month-old baby, who both suffered minor injuries. The third child, an 11-year-old passenger, is currently at critical condition at Penn State Hershey Medical Center.

If you are caught in a similar situation, you do have an advocate. Contact an experienced advocate to help you see the options you have available to you. Glen Neeley is a board-certified attorney who has successfully won countless cases similar to this one for his clients, and looks forward to doing the same for you.

Source: http://lancasteronline.com/article/local/422062_DUI-charge-in-fatal-crash.html

Utah DUI Defense: The Law and Practice

Glen Neeley — Tue, 12 Jul 2011 09:11:32 -0700

Over the past year and a half, I have worked tireless on becoming an author. So here it is released yesterday. Over half the books in stock are gone. In conjunction with AZ premier DUI Defense Attorney James Nesci and premier Utah DUI Defense Attorney Jason Schatz, 458 pages are done along with an extraordinary DVD that has all the Field Sobriety Test Manuals, DRE Manuals, and the studies that go behind the manuals. This book is more of a lawyers guide on how to represent citizens in DUI cases from the first contact through trial and appeal. It covers everything from driver’s license hearings, suppression hearings, and trial. It comes with example cross examinations and direct examinations. The hardest part of doing the book was in fact sudden law changes. The law changes were not too drastic this year, but there were some. I want to thank those who helped me with the book including my co-authors and UACDL members that provided input and research. If you are interested in the book, you can purchase it from Lawyers and Judges Publishing at this link.

DUI Checkpoint Under Scrutiny

Glen Neeley — Sat, 09 Jul 2011 06:54:26 -0700

A controversial DUI checkpoint for drivers in Escondido, CA is now the subject of a court case. According to driver Angel Navarrette and passenger Daniel Alfaro, a heated exchange took place at that checkpoint, resulting in their arrest for resisting a police officer. Dashcam video of the incident shows the police officer threatening to break the window when the driver apparently refuses to roll it down. The police officer told Navarrette he would be arrested, but apparently did not tell him why. Attorneys for the two asked the court to suppress all evidence, claiming that their clients’ fourth amendment rights were violated when the officer broke the vehicle window.

According to Isaac Blumberg, the attorney for Alfaro, the police department of Escondido does not follow proper procedures when checking drivers at the town’s checkpoints. A retired police officer who saw the video suggested that the charges should be dropped. As he told a news reporter, no law exists stating a driver has to roll the window all the way down for a police officer.

The Escondido Police Department has been checking drivers for possible DUI’s since 2004. Critics of the procedure claim that the checks are also a way to check for illegal immigrants, since drivers’ licenses are checked as well. According to city officials and those in the department, the checks have led to fewer DUI crashes and hit-and-run incidents. The Police Department did not provide any comments regarding this particular case or the video.

If you are caught in a similar situation and feel you may have been treated unfairly by a police officer, you do have an advocate. Contact an experienced advocate to help you see the options you have available to you. Glen Neeley is a board-certified attorney who has successfully won countless cases similar to this one for his clients, and looks forward to doing the same for you.

Source: http://www.10news.com/news/28489369/detail.html

Fourth of July Utah DUI Round Up

Glen Neeley — Fri, 01 Jul 2011 11:35:47 -0700

Fourth of July, Independence Day, is a DUI Defense Attorney's busy time of the years. Statewide law enforcement will be out looking to accuse citizens of DUI. So as a reminder, first and foremost, do not drink then drive. As an attorney in Utah, my advise to anyone who drinks or uses prescription medications, do not get behind the wheel of a car. The risk is too great. It is my opinion, an officers take exception to this opinion, that if an officer smells alcohol, you will be arrested for DUI. Then you will be defending the accusation of DUI. If you are pulled over by an officer remember these steps:

1. Be polite, but don't let the officer intimidate you.

2. Do not answer any questions other than your name and essential information.

3. Exercise your right to remain silent.

4. Politely tell the officer you will not be taking any field sobriety tests, if asked.

5. Request a lawyer several times.

6. If you refuse a chemical test, your license can be suspended for up to 3 years.

7. Do not believe that you can prove to the officer that you are sober.

8. Do not believe that you can talk your way out of a DUI.

9. If arrested, contact a DUI Defense attorney as soon as you are able.

10. Remember, you only have 10 days after an arrest to request a drivers license hearing.

With these steps in mind, have a safe weekend. Zions and other places are publicizing that if you drink and drive, the police will be there to get you. This article from the Salt Lake Tribune talks more about it.

Women charged with alcohol offense when she did the right thing, Not Drive!

Glen Neeley — Thu, 30 Jun 2011 09:55:53 -0700

A woman in Indiana was responsible enough to request a ride from a sober driver after drinking at a party recently, and was arrested for being drunk in a vehicle anyway. The woman was at a friend’s house and drank two tall beers. When one of her friends who had not been drinking asked the woman to give him a ride to another friend’s house, she refused, on the grounds that she had been drinking, but the sober friend could drive both of them over to the other friend’s house.

Although the situation appears to be completely within the confines of the law, while en route to the other friend’s house, the driver was pulled over because the lights on his license plate were out. The police officer, upon seeing the slightly inebriated woman in the passenger’s side of the vehicle, arrested her for public intoxication, a Class B Misdemeanor in the State of Indiana.

The Supreme Court of Indiana recently determined that for purposes of the State statute regarding public intoxication, a person’s vehicle when stopped by a police officer does in fact qualify as a place of public resort. The woman’s attorney argues that she was adhering to the publicly accepted policy of refusing to drink and drive, and that to arrest this or any other person for being in a vehicle while intoxicated, even if not driving, violates her right to consume alcohol at all.

The judge dissented and determined that the woman should not suffer criminal penalty for the alleged “crime” for which she was arrested. If you are arrested for a crime, even for something that makes little to no sense like the woman in this article, contact an experienced advocate to help you see the options you have available to you. Glen Neeley is a Board Certified DUI Defense Attorney who has successfully won countless cases similar to this one for his clients, and looks forward to doing the same for you.

Source: http://legalblogwatch.typepad.com/legal_blog_watch/

Supreme Court Rules That Those Who Administer Tests Must Be the Ones to Testify

Glen Neeley — Fri, 24 Jun 2011 18:36:53 -0700

The U.S. Supreme Court recently decided on a landmark ruling that has significant bearing on all criminal defense cases across the United States. The ruling states that when trying to prove a criminal fact, the individual who performed the test to determine the fact must also be the one to testify in Court, and other experts or substitutes may not be used. This ruling also applies to law enforcement officers who use radar guns to determine a driver’s speed.

For example, what this means in a DUI test is that if a person arrested for suspicion of DUI fails a breathalyzer test, the police officer who administered the breathalyzer must be the one to testify in Court. This new ruling would exclude anyone else from testifying in court on the matter, whether it is a colleague, a witness to the test administration, or any other individual.

According to the Sixth Amendment, a person has the right “to be confronted with the witnesses against him.” The Supreme Court interpreted this clause to mean that while testimonies of witnesses received outside the courtroom may be used during criminal proceedings, actual evidence such as lab reports and breathalyzer results, as used in the example above, must be presented by the person who administered the test in the first place. The only exception to this rule is if both the prosecution and the defense agree beforehand to allow some other person to testify in place of the test administrator.

Source: http://www.upi.com/Top_News/US/2011/06/23/Supreme-Court-Test-operator-must-testify-at-trial/UPI-26861308843865/#ixzz1QEvpAa4m

Woman Sentenced To Three Years in Prison for Fatal DUI Accident

Glen Neeley — Fri, 17 Jun 2011 19:34:32 -0700

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

Kansas DUI Case Moves to the Supreme Court

Glen Neeley — Sat, 11 Jun 2011 08:30:41 -0700

A man in Kansas was acquitted in his DUI case recently, despite his breath being measured at .080 grams, the legal limit in the United States. The man’s attorney argued during his driver’s license hearing that a Blood Alcohol Content (BAC) of .080 was not enough evidence on its own to find his client guilty of DUI beyond a reasonable doubt.

Furthermore, the attorney was able to show that the Intoxilyzer 5000 had shown inconsistencies in recent tests. The Assistant District Attorney retorted that a BAC level of .08 was in clear violation of federal DUI law and pushed for conviction. The District Court Judge apparently agreed with the attorney and ultimately granted his Motion to Acquit.

The man was initially pulled over for weaving in and out of his lane of traffic. Upon his arrest, the man was taken to the county jail where he submitted to a breath test. Upon his acquittal, the man plead guilty to the lesser charge of failure to maintain a lane. The case is set to go to Supreme Court in the next couple of weeks.

If you have been charged with DUI or a similar crime, know that you have options for fighting your case. The key is to have an experienced attorney, like the man in this article had, review your case and serve as your advocate. If you have been charged with DUI, contact experienced, board-certified DUI attorney Glen Neeley for your free DUI case evaluation today.

Source: http://www.onlineattorneys4u.com/2009/10/kansas-dui-case-going-to-supreme-court/

New 2011 Law for Minors and any Detectable Amount of Alcohol while operating a car?

Glen Neeley — Thu, 05 May 2011 09:34:44 -0700

The 2011 legislature changed Utah Code 53-3-231. If the driver is found to have any detectable amount of alcohol in the system while operating a vehicle and is 19 to 21 years old, the Driver License Division can deny the person's license not less than 6 months for a first offense.

If it is a second offense, the driver will be denied a license until age 21 or 2 years, whichever is longer.

If the driver is under 19 years old, the Driver License Division will deny the license not less than one year for a first offense, and until 21 or two years, whichever is longer, for a second offense.

Before reinstatement or obtaining a license after this type of suspension, the Driver is required to take an approved substance abuse program.