Using Prior Convictions to Enhance a Utah DUI–State v. EILEEN JIMENEZ-WISS,
The Utah Court of Appeal issued the decision in State v. Jimenez-Wiss. Defendant was charged with Felony DUI based on prior convictions. One of the convictions involved a case where Defendant was not represented by an attorney and no evidence was produced that Defendant waived the right to have an attorney. The District Court gleaned…
New Utah DUI Ruling on Preclusion–State v. BOBBIE JO NADINE RIRIE
The Supreme Court issued a new decision this week in the case of State v. Bobbie Jo Nadine Ririe. Essentially, Defendant was charged with traffic charges in a Justice Court. Before the DUI was filed, Defendant went in and paid the fine on the traffic citations in the Justice Court. The DUI was then filed…
Utah DUI 2015 New Potential Laws
The legislature is back in session for the 2015 session. SB150 is seeking to tweet the DUI Laws in the State of Utah. The lawmakers are trying to do four things: The bill will prevent a second time offense from being plead down to an impaired driving. Get a screening and assessment for a Felony…
Utah DUI Prime for Life Class
If a person is convicted of a DUI or a Driving While Impaired charge, it is statutorily required that the person participate in drug and alcohol treatment by a state certified agency. The class is called the Prime for Life Class. This is a 16 hour course taught by agencies throughout Utah. In fact, many…
Utah DUI HB303 “Slightest Degree” is Dropped for Now
After many showed up to the committee meeting to oppose this bill, Rep. Perry put the bill on hold for further study. Here is an interview wherein Rep. Perry tries to clarify that slightest degree is not a not a drop statute–very confusing.
2014 Utah DUI Proposed Law Changes–Very Scary
Yesterday, Rep Lee Perry, proposed changes to the current DUI Law. Right now, there are three ways to violate the Utah DUI Law when it comes to alcohol and drugs. First, you are over an alcohol level of .08 at the time of driving. Second, you are over an alcohol level of .08 at the…
What happens if I get a DUI in Utah, but my license is from out of State?
If you get a DUI from another state, and have a Utah Drivers License, Utah will suspend your license as if the DUI conviction occurred in Utah. Many states have similar laws. My friend, Evan Levow, from New Jersery, compiled a database from most states. While his information looks correct, it is always best to…
I was arrested for DUI in Utah, but the Cops never read me the Miranda rights!
The Constitution should apply to all equally. A person accused of murder has the exact same rights as someone accused of writing a bad check. This is the way it is supposed to work, but in the real world, it doesn’t. In fact, the Utah Courts and the Utah legislature have continuously found ways to…
Salt Lake City DUI Attorney
As the New Year approaches for 2014, troopers, sheriffs, unified police, and local city police will be saturating the state in an effort to arrest people for DUI. There is always a big concentration in Salt Lake City. As an attorney, these saturation patrols concern me. Corners get cut by the police and innocent people…
Utah DUI Defense: The Law and Practice, Second Edition
The Second Edition of Utah DUI Defense: The Law and Practice has just come out. The first edition was released in 2011. The second edition has been updated with the latest case law, statutes, and strategies in defending DUI’s in Utah. The book took several hours of research, editing, and re-writing certain portions. It…