tag:blogger.com,1999:blog-103829672024-02-08T07:38:55.192-08:00Utah DUI Defense AttorneyExperienced DUI Criminal Defense Trial Attorney in Ogden, Utah. Criminal defense cases DUI, drunk driving. Hire the right dui criminal defense attorney who can protect your Utah state rights.Glen W. Neeleyhttp://www.blogger.com/profile/01355563304796510815noreply@blogger.comBlogger12125tag:blogger.com,1999:blog-10382967.post-47120903391376287362008-08-18T11:02:00.000-07:002008-08-18T11:04:34.408-07:00Driving Permits after cited for DUIMost, if not all, of my clients ask me when they come in for a consultation, "if my driver's license gets suspended, can I get a work permit?"<br /><br /><span style="font-weight: bold; color: rgb(204, 0, 0);">Answer: No, not in Utah.</span><br /><br />The Department of Motor Vehicles will not issue a work permit. I have only seen one in my years of practicing law and the client was not supposed to get it. It was rare. It was a mistake on the part of the DMV and the license suspension was not related to a DUI.<br /><br /><a href="http://dui-utah.com/DUI.html">Utah's Law</a>: Utah has no provisions for a work permit. My friends in Texas can get a "needs necessity license" that allows people to go to and from work and to conduct visitation with children. Utah has no such license. If your license gets revoked or suspended, and you get caught driving on that suspension, you not only face more criminal charges, but the DMV will extend the suspension.<br /><br />Alternate Transportation: My advice is to find alternate transportation. I know what you are thinking, "the bus doesn't work for me." Do some creative thinking. If I was in high school and had no money, I would have been happy to drive someone around for a small cost. Hire a driver. Find someone who has no job, but has a driver's license. Put them to work. That way, there is no risk for you on the suspension Issue.Glen W. Neeleyhttp://www.blogger.com/profile/01355563304796510815noreply@blogger.com91tag:blogger.com,1999:blog-10382967.post-90567757731788251392008-01-03T06:20:00.000-08:002008-01-03T06:28:20.332-08:00An Ambulance Driver Arrested for DUI in Payson UtahThe Deseret Morning News reports that a man was on call as an ambulance driver. He received the call to transport a patient from Payson, Utah to Provo. According to the story, the man had been drinking at home. The medical staff noticed signs of alcohol. An officer investigated and formed the opinion that the man was impaired. Here is the story.<br /><br /> <div id="storyContent"> <h2> DUI for driver of ambulance? </h2> <h3> Man had volunteered for 16 years before incident </h3> <div id="byline"> <span style="font-family:Verdana,Helvetica,Arial;"><b>By <a href="http://deseretnews.com/dn/staff/card/1,1228,2931,00.html">Jacob Hancock</a></b></span><br /><span style="font-family:Verdana,Helvetica,Arial;font-size:85%;">Deseret Morning News</span> </div> <div id="timestamp"> Published: January 3, 2008 </div> <div id="storyText"><br />PAYSON — Police arrested a volunteer ambulance driver for investigation of driving under the influence of alcohol early Saturday morning after he responded to a call to transport a hospital patient to another medical facility, officials said.<p> The 44-year-old volunteer was serving as a backup driver from his home that morning when he heard a call for an additional driver, said Payson Fire Chief Scott Spencer.</p><p> "There were no patients on board though," said Spencer.</p><p> The volunteer had apparently been drinking at home before he left to pick up an ambulance and a two-man EMT crew late Friday night to take a patient from Payson's Mountain View Hospital to Provo's Utah Valley Regional Medical Center, officials said.</p><p> The driver, however, didn't get that far.</p><p> "He only drove (the ambulance) about four or five blocks," said Spencer. "When he got to the hospital where he was to (pick up the patient for) transport, he was stopped."</p><p> His ambulance crew was suspicious during the short ride, but a Payson police officer at the hospital initiated an investigation after apparently smelling alcohol on the man, Spencer said.</p><p> The man, a 16-year veteran volunteer for the department, submitted to a field sobriety test, including a Breathalyzer, Spencer said.</p><p> "They showed me the results," Spencer said. "It was a real disappointment, but I told them we had to treat him like anybody else."</p><p> Payson police said an initial test showed the man's blood-alcohol level nearly three times the legal limit. They handed the investigation over to the Utah County Sheriff's Office to avoid a conflict of interest.</p><p> Sheriff deputies arrested the driver and booked him into Utah County Jail on a probable cause statement for DUI at 1 a.m. Jail officials released him after he posted a $1,300 cash bail an hour and a half later. No charges have been filed.</p><p> The man was immediately suspended after his arrest while police investigated. On Wednesday, however, the man resigned from the department while conveying regret for the incident.</p><p> "He resigned and said he was really sorry," said Spencer.</p><p> The man apparently has no prior arrests or any history of DUI violations, according to jail and court records.</p><p> "It just frustrates me because he knows better," Spencer said. "He wanted to help out but made a poor decision."</p><p> </p><br /></div></div>Glen W. Neeleyhttp://www.blogger.com/profile/01355563304796510815noreply@blogger.com102tag:blogger.com,1999:blog-10382967.post-77791077838249439082007-08-03T11:14:00.000-07:002007-08-03T11:15:24.019-07:00What to Look for in Hiring a DUI Attorney<p class="MsoNormal">People often ask me what to look for when hiring a lawyer to defend their DUI.<span style=""> </span>Generally speaking, there are six things that a person should see in a lawyer.<span style=""> </span>Look for a specialist, someone who focuses on your type of case, and someone who has experienced and is trained in this area of the law.<span style=""> </span>It has been said that DUI cases are the most complex type of cases because of the science and the intricate facts that surround a DUI case.<span style=""> </span>That being said, if you had to have brain surgery, you would not go to a family physician.<span style=""> </span>You would seek out the best surgeon you could find.<span style=""> </span>Here are the five things I think a person should look for in an attorney.</p> <p class="MsoNormal"><b style="">Associations:</b><span style=""> </span>The National College of DUI Defense is an association that provides the most advanced training in defending a DUI.<span style=""> </span>The best attorney’s from around the nation are members of this organization and help train other attorney’s in thi<a href="javascript:void(0)" onclick="return false;" tabindex="10"><span></span></a>s specialized field.<span style=""> </span>Your attorney should be an active member of this organization and it will give you a good clue that the attorney knows how to properly defend a DUI.<span style=""> </span>The attorney should also be a member of his local Criminal Defense Association (i.e. Utah Association of Criminal Defense Lawyers).<span style=""> </span>The attorney should also be a member of the National Association of Criminal Defense Association.<span style=""> </span>The attorney should also have formal training in trial work such as the <st1:place st="on"><st1:placename st="on">Trial</st1:PlaceName> <st1:placename st="on">Lawyers</st1:PlaceName> <st1:placetype st="on">College</st1:PlaceType></st1:place> so they have not only been trained in the knowledge but also in the presentation.</p> <p class="MsoNormal"><b style="">Experience:</b><span style=""> </span>Ask questions about how long the attorney has been representing citizens accused of DUIs.<span style=""> </span>Ask the attorney how many trials they have done that relate to DUI.<span style=""> </span>Ask the attorney about suppression hearings they have done.</p> <p class="MsoNormal"><b style="">Case Load:</b><span style=""> </span>You want to determine if the attorney is just a dump truck that takes your case, takes your attorney fee, and then walks you in and says there is nothing we can do, just plead guilty.<span style=""> </span>I try to keep my case load between 30 to 50 clients.<span style=""> </span>It does no service to a client if the attorney is just running around on 200 cases trying to do a volume business.<span style=""> </span>Try to decipher if the attorney has the time to think about your case, or just wants your money.<span style=""> </span>Sometimes you can decipher this by what they charge.<span style=""> </span>If the attorney charges your $500, you can expect a $500 job.<span style=""> </span>To properly defend a case, be prepared for a couple of thousand.<span style=""> </span>Remember, you get what you pay for!</p> <p class="MsoNormal"><b style="">Practice Focus:</b><span style=""> </span>Determine what percentage of their practice is focused on DUI.<span style=""> </span>Are they a lawyer that does a run of the mill and is offering to do your bankruptcy, divorce, and personal injury case too?<span style=""> </span>Look at where the attorney focuses his practice.</p> <p class="MsoNormal"><b style="">Accessibility:<span style=""> </span></b>Determine whether you will be able to get a hold of your attorney.<span style=""> </span>I provide my clients with all of my contact information including cell phone and email address.<span style=""> </span>Most if not all clients, will receive contact back from within just a couple of hours, unless I’m in trial, then it would be the next day.<span style=""> </span></p> <p class="MsoNormal"><b style="">How do You feel: <span style=""> </span></b>Finally, Determine how you feel about the attorney and if you trust the attorney. <span style=""> </span>Does the attorney sound like a salesman, or is he really interested in your case.<span style=""> </span>Does he ask you in-depth questions about your case and answer your questions?</p>Glen W. Neeleyhttp://www.blogger.com/profile/01355563304796510815noreply@blogger.com66tag:blogger.com,1999:blog-10382967.post-70304200416961783172007-06-18T11:10:00.001-07:002007-06-18T11:15:04.677-07:00When your license is suspended for a Utah DUI, what happens if you get caught driving?<h2><span style="font-weight: bold;"><span style="font-size:100%;">The worst part of driving on a suspended or revoked license is that it extends your suspension period by the DMV. Even if your lawyer makes a plea deal so that you don't plea to driving on a suspended license and the plea is to something that says your were driving in a car (i.e. broken tail lamp), the DMV will still extend your suspension period on the basis that you were driving on a suspended license. Here is a story that was printed in the Ogden Standard Examiner that discusses this issue briefly.</span></span><br /></h2><h2><span style="text-align: justify;"><span >What if Paris were in Utah? </span></span></h2><h3><span style="text-align: justify;"><span >Local attorneys talk about how DUI sentences compare </span></span></h3><h4><span style="text-align: justify;"><span ><i><b>B</b></i>Y JESSE FRUHWIRTH<br />Standard-Examiner Davis Bureau <a href="javascript:execLinkTarget('jfruhwirth@standard.net','EML')">jfruhwirth</a><a href="javascript:execLinkTarget('jfruhwirth@standard.net','EML')">@</a><a href="javascript:execLinkTarget('jfruhwirth@standard.net','EML')">standard</a><a href="javascript:execLinkTarget('jfruhwirth@standard.net','EML')">.</a><a href="javascript:execLinkTarget('jfruhwirth@standard.net','EML')">net</a> </span></span><span ><br /></span></h4><span ><br /><span style="text-align: justify;">FARMINGTON — While nationwide pundits decide whether Paris <a name="AHit1"><span style="color:blue;">Hilton</span></a><a name="AHit2"><span style="color:blue;">’</span></a><a name="AHit3"><span style="color:blue;">s</span></a> “celebrity jus</span><span style="text-align: justify;">tice” means she’s being let off easy or treated too harshly, two local attorneys agree her sentence has been comparable to “Utah justice.”<br /> Neither<br />Deputy Davis County Attor</span><span style="text-align: justify;">ney 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.<br /> 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.<br /> First-time DUI offenders, Larsen said, will usually receive a sentence similar to <a name="AHit4"><span style="color:blue;">Hilton</span></a><a name="AHit5"><span style="color:blue;">’</span></a><a name="AHit6"><span style="color:blue;">s</span></a>. </span><span style="text-align: justify;"><br /> “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.”<br /> 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.<br /> “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 </span><span style="text-align: justify;">‘needs necessary’ license, but Utah has no permit for driving to work.”<br /> Even then, the punishment is not over, and this is before any probation violations occur.<br /> “If your license is suspended for a DUI, you’re normally going to have an ‘alcohol-restricted license,’ ” Neeley said.<br /> 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. </span><span style="text-align: justify;"><br /> Nonoffenders can consume alcohol and operate a vehicle lawfully, provided the driver’s blood-alcohol level is lower than 0.08.<br /> Violating the 90-day suspension — even while completely sober — or the twoyear alcohol restriction usually won’t land a person in jail, Neeley said.<br /> “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.<br /> 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. </span><span style="text-align: justify;"><br /> “When you get to the point of a probation violation … ultimately, it’s the judge that makes the final decision,” he said.<br /> 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.<br /> “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. </span><span style="text-align: justify;"><br /> 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.<br /> But what about a second probation violation? Could a person really evade jail time after a second violation of a court order?<br /> “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?’ ”<br /> It appears as if <a name="AHit7"><span style="color:blue;">Hilton</span></a>, after two probation violations, might serve as many as 40 more days in jail.<br /> 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. </span></span><br /><div class="HTMLImage" style="border: 1px solid ; left: 0px; width: 96px; position: relative; top: 0px; height: 176px;"><img id="Pc0011700" src="http://activepaper.olivesoftware.com/Repository/getimage.dll?path=SSE/2007/06/13/1/Img/Pc0011700.jpg" style="position: absolute; left: 0pt; top: 0pt;" border="0" /></div>Glen W. Neeleyhttp://www.blogger.com/profile/01355563304796510815noreply@blogger.com93tag:blogger.com,1999:blog-10382967.post-16809323792706227922007-06-11T14:18:00.000-07:002007-06-11T14:21:54.057-07:00Can a Utah DUI Hurt your Future.<span id="slt_site"><span id="slt_article">Here's a story published by the Salt Lake Tribune. This is an obvious example of how a DUI will hold you back. However, this is just one example. There are many other ways that a DUI can and will hold you back.<br /><br /></span></span><span id="slt_site"><span id="slt_article"><div class="articleTitle">Rolly: Campaign gets moved behind bars</div><!--subtitle--><!--byline--><div class="articleByline"><a class="articleByline" href="mailto:prolly@sltrib.com?subject=Salt%20Lake%20Tribune:%20Rolly:%20Campaign%20gets%20moved%20behind%20bars">By Paul Rolly<br />Tribune Columnist</a></div></span></span><span id="slt_site"><span id="slt_article"><br />As the race for Salt Lake City mayor heats up, there is one candidate you shouldn't expect to see at any joint appearances or debates. He'll be spending his time at the Salt Lake County metro jail instead.<br /> Candidate John Renteria, who is president of the Latino support organization Centro Civico Mexicano, was sent to jail Friday by 3rd District Judge Sheila McCleve for 365 days.<br /> He appeared in McCleve's court to show cause why he shouldn't have his probation on DUI-related convictions revoked. Despite his pleas that he is needed in the community, McCleve had him handcuffed and taken directly to jail.<br /> Renteria, who has run several times for public office, including for the City Council and the Legislature, violated the conditions of his probation by driving on a revoked license, consuming alcohol and not reporting to his probation officer when he was supposed to, according to the court file.<br /> He also did not fully comply with the judge's orders requiring him to wear an electronic ankle device during his probation, the judge found.<br /> Renteria was considered a second-tier candidate and not given much of a chance to win. The last campaign finance disclosure indicated he had raised no money.</span></span>Glen W. Neeleyhttp://www.blogger.com/profile/01355563304796510815noreply@blogger.com77tag:blogger.com,1999:blog-10382967.post-51428330039736246672007-06-05T14:01:00.000-07:002007-06-05T14:07:32.335-07:00Utah DUI story of forgivenessHere is a story that the Salt Lake Tribune printed. The amazing thing is the forgiveness that the victims in this case have. A lot can be learned from these types of stories about forgiveness.<br /><br /><span id="slt_article"><div style="font-weight: bold;" class="articleTitle">For four DUI deaths, teen gets three years' detention</div><!--subtitle--><!--byline--><div class="articleByline"><a class="articleByline" href="mailto:shunt@sltrib.com?subject=Salt%20Lake%20Tribune:%20For%20four%20DUI%20deaths,%20teen%20gets%20three%20years%27%20detention">By Stephen Hunt<br />The Salt Lake Tribune</a></div><!--date--><div class="articleDate">Article Last Updated: 06/05/2007 06:34:58 AM MDT</div><br /><div class="articleBody"><div class="articleViewerGroup" id="articleViewerGroup" style="border: 0px none ;"><script language="JavaScript"> var requestedWidth = 0; </script><span class="articleEmbeddedViewerBox"></span></div><script language="JavaScript"> if(requestedWidth > 0){ document.getElementById('articleViewerGroup').style.width = requestedWidth + "px"; document.getElementById('articleViewerGroup').style.margin = "0px 0px 10px 10px"; } </script>A teen was sentenced to juvenile detention for up to three years after admitting Monday that he killed a pregnant woman and two of her children while driving drunk.<br /> Tears flowed in 3rd District Juvenile Court as Christopher Williams forgave Cameron Howard White for killing four members of his family.<br /> But when Judge Andrew Valdez asked White to tell where he got a bottle of vodka that night, White's attorney quickly interrupted.<br /> "I need to review that," Richard Van Wagoner told the judge. "He has not waived his Fifth Amendment rights [against self-incrimination]."<br /> Valdez told White he would not force him to go against the advice of his attorney, but added: "You know how important it is for [the family] to know, Cameron. What they want is heartfelt."<br /> Earlier in the hearing, Christopher Williams' mother, Nadine Williams, had told White, "The one decent thing you could do is tell who gave you the liquor."<br /> White, who had partially consumed a bottle of Smirnoff watermelon vodka, was driving his mother's Jeep Cherokee south on 2000 East beneath the Interstate 80 overpass about 9:40 p.m. on Feb. 9 when he swerved across the median and struck a Volkswagen Passat driven by 42-year-old Christopher Williams.<br /> Williams' wife, Michelle Williams, 41, who was seven months pregnant; their son, Ben, 11, and daughter, Anna, 9, were killed.<br /> Christopher Williams and another son, Sam, 6, were injured. Another son, Michael, 14, was not in the car that night.<br /> White, then 17, left the scene on foot and was arrested several blocks away, where he told police he was too drunk to perform field sobriety tests. He also told police he drank alcohol on a daily basis, according to testimony from White's May 10 certification hearing.<br /> A blood test measured White's blood-alcohol level at 0.15 percent, nearly twice Utah's legal limit of 0.08.<br /> White pleaded guilty Monday to four counts of second-degree felony automobile homicide.<br /> In exchange for his guilty pleas, prosecutors agreed to drop third-degree felony and class A misdemeanor counts of driving under the influence of alcohol, and leaving the scene of an injury accident.<br /> Earlier this month, Valdez decided against ordering White to stand trial in adult court, where the teen would have faced up to 30 years at Utah State Prison.<br /> Valdez said the juvenile court system - which has jurisdiction over White only until he turns 21 - offered White a better chance at rehabilitation and the best chance for long-term protection of the community.<br /> White thanked the judge for that decision on Monday, saying: "You saved my life."<br /> He also thanked the victims' families. "I want you to know how much I love you," White said with a sob.<br /> Nadine Williams said she has tried not to be angry with White, but that was made more difficult when she learned he had twice been referred to juvenile court last year for fighting and brandishing a knife at Skyline High School.<br /> "I want you to know you have destroyed a family," Nadine Williams told the teen. "I think he should have the full three years with no parole."<br /> Michelle Williams' mother, Audrea Dorney, who lives near the Whites and knew Cameron White as a young boy, said she is not convinced prison wouldn't have been more appropriate.<br /> "I truly hope this is a wake-up call for you," she added.<br /> How long White actually stays incarcerated will be determined by the Youth Parole Authority, the juvenile equivalent of the state parole board.<br /> <span style="font-weight: bold;">Christopher Williams told the court he wanted "peace and healing rather than retribution," adding that he hopes White will "make something of himself." </span><br /> The judge said that could be accomplished, in part, if White chooses to speak to other teens about the dangers of drinking and driving.<br /> "You still decide who you are and what you will become," Valdez told White. "I believe you can do it. It's one reason I kept you in the juvenile system. It's on you now." </div></span>Glen W. Neeleyhttp://www.blogger.com/profile/01355563304796510815noreply@blogger.com92tag:blogger.com,1999:blog-10382967.post-72842781151281830482007-05-31T08:15:00.000-07:002007-05-31T08:25:14.683-07:00Were you impaired by alcohol,or just talking on your cell phoneSometimes innocent people are arrested for DUI. Sometimes innocent people are convicted for DUI. In my experience, I have seen situations where people are distracted while driving. If there is an accident, the first thing an officer will look for is how to make a DUI out of this. It seems to be the first conclusion that an officer may make and then focus on only that possibility. Then prosecutors jump on the band wagon and people are encouraged and forced to plead guilty to something for which they are not guilty. Here is a story that came out recently that demonstrates this very issue. <br /><br /> <p class="MsoNormal"><b>Study: Drivers On Cell Phones As Bad As Drunk Driving</b> Last Edited: Tuesday, 29 May 2007, 4:16 PM MDT Created: Tuesday, 29 May 2007, 4:16 PM MDT <o:p></o:p></p> <!-- Begin Image displayed --> <table class="MsoNormalTable" style="" align="right" border="0" cellpadding="0" cellspacing="0"> <tbody><tr style=""> <td style="padding: 0in;" id="story_image"> <p class="MsoNormal" style="text-align: center; vertical-align: baseline;" align="center"><o:p> </o:p></p> </td> </tr> <tr style=""> <td style="padding: 0in;"> <p class="MsoNormal" style="text-align: center; vertical-align: baseline;" align="center">-<o:p></o:p></p> </td> </tr> </tbody></table><o:p></o:p><st1:placename st="on">SALT</st1:PlaceName> <st1:placetype st="on">LAKE</st1:PlaceType> <st1:placetype st="on">CITY</st1:PlaceType> -- SALT LAKE CITY (AP) -- Researchers at the <st1:place st="on"><st1:placetype st="on">University</st1:PlaceType> of <st1:placename st="on">Utah</st1:PlaceName></st1:place> have found talking on a cell phone while driving could be as bad as driving drunk.<br /><p class="MsoNormal"> <br />According to the recent study the levels of impairment are nearly equal.<br /> <br />And police say the roll of cell phones in crashes is likely underreported.<br /> <br />Utah Highway Patrol Trooper Preston Raban says unless a driver acknowledges using a cell phone or a witness can attest to it, it's hard to know if a cell phone contributed to a crash.<br /> <br />The potential for cell phone use to contribute to crashes has prompted <st1:city st="on">Salt Lake City</st1:City> and <st1:place st="on"><st1:placename st="on">Salt</st1:PlaceName> <st1:placetype st="on">Lake</st1:PlaceType> <st1:placetype st="on">County</st1:PlaceType></st1:place> to ban employees from using cell phones in their work vehicles.<br /> <br />Research suggests that while drunken drivers and drivers who use cell phones exhibited different problems driving, both had trouble in overall traffic safety.</p>Glen W. Neeleyhttp://www.blogger.com/profile/01355563304796510815noreply@blogger.com30tag:blogger.com,1999:blog-10382967.post-46122875344387939722007-02-13T08:21:00.000-08:002007-02-07T19:44:10.273-08:00Utah DUI Laws are not Tough?<div id="storyIntro"> <div id="storyTitle"><br /><br />When someone dies or is seriously injured, the first reaction is to find blame. Here is a prime example. The MADD team cries we are not tough enough on first time offenders. Their irrational rationale is that if we were tougher the first time, this would not have happened. However, I suspect that this young kid did not have a prior DUI conviction. What is not being said is that a DUI has some of the most serious consequences in our criminal justice system. I have seen more serious crimes, felony crimes, that have been dealt with in a lighter fashion than a first time DUI offender.<br /><br />What about the innocent? What if a person comes in to Court falsely accused? The papers and public have already convicted this young man. He has not had a hearing to find out the facts. He has not been given any presumption of innocence. Before we join the witch hunt, first learn his story. I know that the Church leader who was involved in the accident and whose family was involved as asked people to pray for the young man.<br /><br />Laws Could Become Tougher for DUI Offenders</div> <div id="storyDate">February 12th, 2007 @ 6:05pm</div> </div> <!-- ===================[ STORY BODY : RICH TEXT ]================= --> <p><i>Mary Richards and Samantha Hayes Reporting</i> </p><p> Punishing drunk drivers is up to local judges and prosecutors. And, often times, a drunk driver can have that charge dropped by getting treatment or education. That's called a plea in abeyance, and it's the subject of a bill brought on by recent tragedies, including the one over the weekend. </p><p> </p> <div class="mediaright"> <a href="http://media.bonnint.net/slc/79/7985/798530.jpg"><img src="http://media.bonnint.net/slc/79/7985/798530.jpg?filter=ksl/img200" alt="" border="0" /></a><br /> </div> <p> The consequences for the 17-year-old driver of this SUV will be harsh: three people including a pregnant woman died because of his decision. </p><p> But last Friday night when this fatal crash happened, hundreds of other drunk drivers were also on the roads. Some of them may have been stopped and arrested. Mothers Against Drunk Driving president Art Brown says often the charges are dropped. </p><p> Advocates want lawmakers and prosecutors to get tougher on DUIs. The legislature is looking at a few DUI bills this session. </p><p> MADD President Art Brown says we are way too soft on DUI offenders the first time. </p>Glen W. Neeleyhttp://www.blogger.com/profile/01355563304796510815noreply@blogger.com1tag:blogger.com,1999:blog-10382967.post-59335865983351841502007-02-07T19:41:00.000-08:002007-02-01T13:54:58.287-08:00Trooper Challenges Field Sobriety Tests in his own Utah DUI<span id="slt_site"><span id="slt_article"><br />An article appeared in the Salt Lake Tribune indicating that Utah's DUI Top DUI Enforcer was challenging the Field Sobriety Tests in his own DUI. I agree that he should challenge them. There are many flaws in these tests and to arrest a person based on these tests is a crime itself.<br /><br /><br /><br />"The former Utah Highway Patrol lieutenant who led the state's anti-drunken driving efforts until his arrest for driving under the influence of alcohol claims the sobriety tests administered to him are unreliable. "</span></span>Glen W. Neeleyhttp://www.blogger.com/profile/01355563304796510815noreply@blogger.com0tag:blogger.com,1999:blog-10382967.post-79193197340171892042007-01-31T14:54:00.000-08:002007-01-31T14:55:44.013-08:00Don't forget to Request Your Utah DUI Driver License HearingA Bill was introduced recently Entiled S.B. 4 "Driving Under the Influence Amendments -- Walker, C."<br /><br />53-3-224. Filing a petition for hearing -- Judicial review of license cancellation, revocation, or suspension -- Scope of review.<br />(1) A person denied a license or whose license has been cancelled, suspended, or revoked by the division <em><u>following an administrative hearing </u></em>may seek judicial review of the division's order.<br /><br />So a citizen is arrested for a DUI. The officer takes their license and gives them a 30 day permit to drive. The citizen has ten days from when they are arrested to request a hearing. The officer is supposed to explain to the person that they must send a letter to the DMV to request a hearing to get their license back.<br /><br />Many times the citizen does not understand the procedure to request a driver license hearing and fail to make that request within 10 days. As the law is now, if the person feels they are not guilty of a DUI, the person can file an appeal to District Court within 30 days of the DMV suspending the citizen's license. <br /><br />It appears that SB 4 is trying to take the appeal away if the citizen does not request a the hearing within 10 days.<br /><br />Here's the sad part. Many people are arrested and are not guilty of the crime for which they are accused. The shock of being arrested and the circumstances surrounding the arrest destroys any concentration on what needs to happen. The only thing the person focuses on is the Criminal aspect of the case and know they need to contact the Court not realizing that has nothing to do with their Driver's License. Ten days expire before they realize that a letter needs to be sent to the DMV. Under this bill, an innocent citizen can have their license stripped away from them without any due process in asking a District Court to make the determination as to whether this is fair.Glen W. Neeleyhttp://www.blogger.com/profile/01355563304796510815noreply@blogger.com1tag:blogger.com,1999:blog-10382967.post-1169923109099836672007-01-27T10:35:00.000-08:002007-02-01T12:58:34.818-08:00Few Cases Go To TrialUtah Highway Patrol Sgt. Mike Loveland searches the four-lane street, watching for the telltale signs of a drunken driver — hugging the yellow line, driving too slow, swerving, not using the blinker, staring straight ahead.<br /><div class="viewPic" style="border-top: 1px solid rgb(102, 102, 102); border-bottom: 1px solid rgb(102, 102, 102); padding: 6px 0pt; width: 260px; float: left; margin-left: 0pt;"><img src="http://deseretnews.com/photos/602057.jpg" style="border: 1px solid rgb(0, 0, 0); width: 260px; height: 212px;" alt="Trooper Mike Gerard handcuffs a Utah DUI suspect in the Salt Lake area. (Ravell Call, Deseret News)" /><div class="viewPicCred" style="width: 260px;">Ravell Call, Deseret News</div><div class="viewPicCap" style="width: 260px;">Trooper Mike Gerard handcuffs a Utah DUI suspect in the Salt Lake area.</div></div> These are the front lines where police try to corral impaired drivers before they add to the statistics with another drunken-driving death.<br /> Loveland spots a late-model truck struggling to stay in its own lane and activates his police lights. Almost two hours later, he leaves the Adult Detention Complex after booking the truck's driver into jail for investigation of driving under the influence.<br /> "We can get drunks every day," Loveland said as he steers his patrol car through an intersection. "There's times when we could not arrest them and bring them in fast enough."<br /> Statistics show police are arresting drunken drivers more often. According to the Administrative Office of the Utah State Courts, there were 14,118 DUI arrests in 1999, compared with 13,100 in 1998 and 12,884 in 1997.<br /> "We are pulling over a lot of people who have prior DUIs," Sandy Police Lt. Kevin Thacker said.<br /> But all too often, police say, things slow down after the arrest. Clogged courts, frequent plea bargains and lenient sentences are frustrating to police who pull over drunken drivers. For all the tough talk, prosecutors and judges aren't keeping drunken motorists from driving again, police say.<br /> "It's hard for the cop on the street," Salt Lake Police Sgt. Dave Askerlund said.<br /> A South Salt Lake officer responding to an informal Deseret News survey said he's never had a DUI case go to trial in the 12 years he's been working. Another said he hadn't been to trial after eight years of pulling over drunken drivers.<br /> A Salt Lake police officer responding to the same survey said of the 200-plus DUI citations he's issued, only three have ever gone to trial.<br /> "It's no secret at the police department that the city prosecutor's office in the past has made a mockery of the police department's attempt to make a difference," one Salt Lake officer said.<br /> (See Tuesday's Deseret News for attorneys' thoughts on Utah's repeat DUI offender problem.)<br /> "I have had DUIs that are three years old and are still in the court system," said South Salt Lake officer Scott Daniels. By the time a case makes it to court, prosecutors usually plea-bargain the case because an officer's account of the incident isn't as good as it was three years ago.<br /><div class="viewPic" style="border-top: 1px solid rgb(102, 102, 102); border-bottom: 1px solid rgb(102, 102, 102); padding: 6px 0pt; width: 239px; float: right; margin-right: 0pt;"><img src="http://deseretnews.com/photos/a0129dui.gif" style="width: 239px; height: 272px;" alt="Photo" /></div> Prosecutors allow plea bargains, and most judges accept them to expedite their crowded calendars, police argue.<br /> "I think the judicial system is caught between a rock and a hard spot because there are so many DUI arrests and the jails are overcrowded already," Thacker said.<br /> And when it's time to sentence repeat offenders, police say too many judges drop the ball.<br /> "I have never had a tough judge on DUIs," one Salt Lakeofficer wrote. "They all talk tough (like a verbal reprimand means anything to these offenders) but never deliver up a decent sentence."<br /> But sometimes even taking the driver's license away doesn't work. The wild card with most repeat drunken drivers is that they seem to think they can still get away with it. Take away their license, they'll drive without it. Impound their car, they'll borrow a friend's.<br /> Repeat offenders know the system too well. Many offenders are not afraid to go to court the second time around and continue to drive drunk because they don't believe they'll go to jail if they're caught, Thacker said.<br /> Although the majority of officers say the problem of allowing repeat offenders on the road lies with attorneys and judges, there are steps law-enforcement officers also need to take to make sure DUI arrests stick.<br /> Most important, officers need to fill out all of their paperwork properly, Thacker said. Even though it sounds simple, if an officer takes shortcuts in filling out a DUI report, the suspect could get off.<br /> A simple mistake by an officer, such as not checking the right box on a police report, can ruin a case.<br /> "People end up getting their license back because of stupid technicalities," Askerlund admitted.<br /> An officer may know every pertinent detail about a DUI incident, but unless that officer fills out his report properly, the defense will probably win in court, Thacker said.<br /> Loveland suggests officers should take a more active interest in DUI legislation.<br /> "I've spent some time up there at the Capitol during the session," Loveland said. "We do have people who work for our department who get involved up there every year."<br /> And during last year's Legislature, the impound fee for drunken driving went from $100 to $200.<br /> Beyond that, officers say, they'll simply keep trying to catch drunks.<br /> Daniels, who specialized in DUI cases for four years, said people who chronically drink and drive will typically drive 80 times a year with a blood-alcohol level over the legal limit, according to statistics he has seen.<br /><div class="viewPic" style="border-top: 1px solid rgb(102, 102, 102); border-bottom: 1px solid rgb(102, 102, 102); padding: 6px 0pt; width: 279px; float: left; margin-left: 0pt;"><img src="http://deseretnews.com/photos/a0129cnty.gif" style="width: 279px; height: 315px;" alt="Photo" /></div> Craig Allred, director of the Utah Highway Safety Office, said a person who chronically drinks and drives will drive impaired 200 to 2,000 times before he is detected, according to statistics from the National Highway Traffic Safety Administration in Washington, D.C.<br /> Statistics from the National Highway Safety Office also show that after midnight, one out of every four drivers on the road is impaired, Allred said.<br /> West Valley officers average about 30 DUI arrests per month, Lt. Steve Sandquist said.<br /> "One girl I stopped said she was overdue (to get caught driving drunk)," Loveland said. "You do get people who say, 'I wasn't going to hurt anybody tonight.' "<br /> But the accidents do happen.<br /> Salt Lake police officer Anthony Brereton arrived on one accident scene to find a mother with several crying children standing on the side of the road, their car demolished in the intersection. The woman who hit them was still dazed when police arrived, and authorities found an empty bottle of vodka in her car, Brereton said.<br /> "She was oblivious to what she had just done," Brereton said.<br /> When the case went before the judge, the woman's attorney pleaded for mercy because the woman had just received her fourth DUI, Brereton said.<br /> "It pretty much requires someone to kill someone before the courts open up their eyes and make any attempt in punishing those offenders," Brereton said.<br /> Whatever the courts' caseload, Sandquist said he believes "some things you can't overlook. Until we take it seriously and stop letting them plead down (to a lesser charge), we are going to have a problem."Glen W. Neeleyhttp://www.blogger.com/profile/01355563304796510815noreply@blogger.com61tag:blogger.com,1999:blog-10382967.post-1106633577788444172005-01-24T21:47:00.000-08:002005-01-24T22:12:57.786-08:00Utah DUI Defense Attorney <a class="unnamed1" href="http://dui-utah.com/contents.html">contents</a> <a class="unnamed1" href="http://dui-utah.com/businesslinks.html">business links</a>
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<br />Charged With A DUI? Driving Under The Influence is a serious matter. Make sure you hire the "right lawyer"
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<br />January 24, 2005
<br />Don't Let Your Utah DUI Ruin Your Life I will fight to save your license ... and freedom!
<br />If you have been arrested for a DUI, anywhere in Utah, driving a car, motorcycle, boat, jet-ski, water-skis, motorized scooter, basically anything with wheels or floats, on a roadway, in the air, or on water, you need answers to your Utah DUI and Utah DUI questions fast.
<br />Utah DUI laws are both political and complex. Moreover, since the laws change so often and the consequences of even a first DUI conviction are so severe, finding a lawyer who is experienced at handling Driving Under The Influence (DUI) cases should be your top priority.
<br /> When you've been arrested for a DUI in Utah and you don't think it's fair, you need a criminal defense trial lawyer who can protect your rights...make sure you're treated fairly...and who knows how to get results. You've just found that lawyer. I understand that you're probably feeling confused, angry, or somewhat fearful about what's happened to you. A Driving Under The Influence (DUI) is a very serious matter. The process of being arrested for a DUI, taken to jail, fingerprinted, and photographed was probably very dehumanizing to you. I sincerely sympathize with that. To be honest with you--you're faced with a Utah DUI charge which can have serious outcomes. I don't want to scare you, but let me give you a glimpse of what's in store for you. If your case goes the wrong way you could lose your license ... your insurance could go up or be cancelled ... you could even go to jail. Plus it doesn't end there. A conviction is something that could haunt you for many years to come, even hurting you when you apply for a job. I'll Help You Keep Your Utah License and Your Freedom I know you're fearful about what might happen to you, but I'd like you to know that there's a good chance I can help. Did you know that there are at least 20 possible challenges that can be made to the charges you are facing? I'll raise the applicable challenges for you so your case is as strong as possible. Sure, I can just fill out the forms and talk to the District Attorney, but in many cases the best choice is to fight. That's the kind of case I focus on. My goal is to get you off, to keep your record clean, and to prevent you from losing your freedom and your license to drive. You see . . . my practice is based on the belief that you were arrested when you shouldn't have been. At the very least, I'll make sure that you're being treated fairly. The District Attorney prosecutes these types of cases all day. He knows--and is willing to use against you--all of the fine legal points that are available to him. The law says that he only needs to prove that after drinking you were not able to drive your car safely or that your blood alcohol exceedes a certain limit. That sounds pretty cut and dried, but it's not quite as simple as that. You see, if challenged, the DA also has to show that the arresting officer made the arrest properly, that you were properly advised of your rights, that the equipment he used to test you was working accurately, and even that the person operating that equipment was certified to operate it. If he gets information which may prove you innocent, an attorney can make him give you that information also. Get The Legal Help You Need That's where I come in. I know how and where to make the proper motions which force the DA to prove that all the steps used in your arrest were done properly. If they weren't, then his case is weakened. I can't promise you that I'll be successful because each case is unique. Maybe the judge assigned to your case is more lenient on drunk driving cases, or maybe he is harsher on them. Maybe there are some things distinctive to your case which are important. However, all things being equal, I think you'll find that I am well-skilled and that I fiercely protect your rights. When you retain me you'll get expert legal help from an attorney who knows how to guide your case through the complexities of the legal system because I've done it numerous times. You'll be certain you are being treated fairly by the judicial system because I'll insist: that the District Attorney provide us with the name and address of anyone he plans to call as a witness, as well as copies of every written or recorded statements of their testimony. This will allow us to prepare our questions for them. that the DA provide us with any information or material he has which would show that you are not guilty of the charges against you, or which may help you get a lighter sentence. on receiving copies of records showing that the equipment used for tests was functioning properly, and that the person giving the tests was properly certified. on proof that you were advised of all of your rights. If you weren't, the DA's case may be weakened. I talk to the District Attorney beforehand to get him to produce his proof and let him know that I will be contesting in court all these points I mentioned. When his case is challenged, he has to take a lot of time producing this material and witnesses. As you can see, what looks simple gets pretty complex. As your attorney I will look into all of these things for you so that you will have the best possible case. Actually, there is more, but I don't have space in this letter to tell you all of it. You're probably like most people arrested for a DUI. You don't really know the right thing to do about it, and you don't know whether or not you can win if you contest your arrest. For both of these reasons, I'd like to buy you a Free Consultation to give you the additional information I just mentioned and to review your case. To arrange for your free consultation, you can call and leave a message 24 hours a day. Someone from my office will get back to you as soon as possible, if we are not immediately available. Here's How I'll Protect Your Driving Rights When we talk, I will analyze the facts of your DUI case, give you my opinion about it, and discuss my approach to it. I'll explain how we'll protect your legal rights under Utah law, what your options are, and how the whole Utah judicial process works, so you'll know exactly what happens. Plus, you'll learn how I will guide you through the court system and how I'll champion your rights, using all my ingenuity and the options in the legal system to defend and protect you. For example, I'll review the Complaint against you . . . the steps which were used to conduct the chemical and roadside tests against you to determine if they are valid . . . and I'll show you how the police officer's testimony can be discredited. And by the way, your arrest may have included a cancellation of your driving privileges. You only have seven days to respond to this issue. As a courtesy to you, I will tell you what you must do about this, at no charge, just for calling me. Please remember, the charges against you are serious and can carry severe consequences which could be damaging to your present and your future. You can discover for yourself how I can help save your license and freedom by calling me at 801-612-1511.
<br />Glen Neeley
<br />Attorney and Counselor At Law
<br />863 E. 25th Street Ogden, Utah 84401 801-612-1511 Office 801-612-1555 Fax
<br />Glen Neeley DUI Criminal Defense Trail Attorney in the state of Utah covering Ogden, Logan, Brigham City, Salt Lake City, Provo, Layton, Farmington, Bountiful, Sandy, Jordan, and Draper. Utah state counties include: Counties: Weber, Davis, Box Elder, Cache, Utah, Summit, Salt Lake, Washington, San Juan.
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<br />Glen W. Neeleyhttp://www.blogger.com/profile/01355563304796510815noreply@blogger.com41