Law Office of Glen W. Neeley

Top Utah DUI Attorney, Board Certified in DUI Defense by the National College of DUI Defense

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Assumed Guilt by Association by Salt Lake City Police; DUI Dismissed

My client goes to a man’s residence to look at a car that the man has for sale.  Client briefly looks at the car and prepares to leave.  He gets in his own car.  He starts the car.  Two cops in an unmarked police car rush up with red and blue lights on.  Cops take the client out of the car with guns drawn in what is called a felony stop.   "I was just looking at a car for sale", client says.  Cops make the determination that client is DUI.  Cops take the client to the police station and give him a breath test.  The result is .04.  Oops cops screwed up.  Cops find another law to charge client with, "not a drop of alcohol DUI" (alcohol restricted driver). 

We get the police report and it says "Mr. Client came out of a residence of a parolee, and this is a pattern of drug activity."  That was it.  WHAT?!!!

You go look at a car that is for sale and don’t know anything about the man who is selling it.  You are next being arrested because in the cop’s opinion, this was a pattern of drug activity.  You have to be kidding me.

Needless to say, we filed a motion to suppress in the Salt Lake City Justice Court.  Cops do not show up for the evidence hearing.  I figure that the cops do not want to answer questions about why they did what they did.  The judge dismisses the case.  The prosecution refiles the case.  We file the same motions and are ready for battle.  Today, we go into Court for the evidence hearing.  Prosecution dismisses the case and no police are there to be questioned.

This was a case about being arrested for whom you associate with.  Looking at a car in these officer’s mind is a pattern of drug activity.  My poor guy to deal with all the stress of the government accusing him.  Finally, he has relief.  But still, he had to hire a lawyer, take time off for court, show up to hearings and face the reality that even innocent people can be convicted.

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4 responses to “Assumed Guilt by Association by Salt Lake City Police; DUI Dismissed”

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  2. Dianna Lynn Warner Avatar
    Dianna Lynn Warner

    It’s a shame, it appears that our lives are being controlled and goverened by the police. It’s sad to think that a person’s life can be destroyed by the judgement and biased personal perception of the cops. It doesn’t really matter if we weren’t doing anything wrong or Illegal, it’s what the cops THINK is going on,

    We the Innocent people DON’T GET THE BENEFIT OF THE DOUBT once the cops believe that something illegal has conspired or was getting ready to conspire–EVEN IF WE WERE TOTALLY UNAWARE OF IT or NOT!! wHAT MATTERS IS WHAT THE COPS THINK IS HAPPENING AND THEIR BIASED OPINIONS ONLY.

    IT’S NOT WORTH WASTING YOUR BREATH TO EVEN GIVE AN EXPLANATION. For some reason, the cops think just because they have a Badge, that THEY CAN VIOLATE our 1st AMENDMENT RIGHTS by telling us to SHUT UP OR THEY WILL ARREST US, even worse, that if you DON’T SHUT UP they WILL TAPE YOUR MOUTH SHUT!! It was apparent that I was getting on an Officer’s LAST NERVE at this point! Still DIDN’T SHUT ME UP THOUGH!! Obviously, Anger Management is not included in the Officer’s curriculum!! LMAO!! LMAO!!

    I was under the impression that we had :FREEDOM OF SPEECH”. ONCE THE COPS BELIEVE THAT SOME ILLEGAL ACTIVITY HAS HAPPENED OR WAS GOING TO HAPPEN—YOU ARE AUTOMATICALLY PRESUMED GUILTY!!!!!

    So if you are still one of those poor souls whom still believe in our Justice System and believe YOU ARE “INNOCENT” UNTIL PROVEN “GUILTY—————–LET ME KNOW HOW THAT WORKS OUT FOR YOU!!! GOOD LUCK WITH THAT!!

    The police have been trained to think that people are doing something wrong and unfortunately, that is how the cops view almost every situation they come upon. The cops are always suspicious of any activity they OBSERVE and they are trained to over analyze the situation and only look at the NEGATIVE ASPECTS of it & to turn it into an arrestable and chargeable offense. HOW SAD!!!

    It seems to me that the cops need to get the complete picture and facts of a situation before jumping to conclusions of what THEY SEEM TO THINK IS ACTUALLY HAPPENING. C’mon, Humans make mistakes. They are Human, AREN”T THEY?????

    I think more cops need to take classes on EFFECTIVE LISTENING/CONFLICT RESOLUTION/DE-ESCALATION SKILLS/PERSONAL RELATION SKILLS/EMPATHY SKILLS/HUMANITARY SKILLS/ANGER MANAGEMENT/PROPER DOCUMENTATION/VISION & HEARING TESTING.

    It sure doesn’t appear that a person is INNOCENT until proven guilty anymore. It seems that people are proven to be GUILTY of some charge that the cops believe they had probable cause to arrest you on, and then, you have to go through PURE HELL, not to mention your bank account to prove your INNOCENSE and that you did absolutely nothing wrong in the first place. It’s a matter of the cops believing that you are or have done something wrong and wanting to proove it by throwing multiple charges on you at one time and hoping one will stick.

    ANd there you have it—THE JUDICIAL PROCESS BEGINS!! You now have to spend alot of money to hire an attorney, and alot of time to prove your innocense, eventually You are forced into taking a Plea Bargain because you have been informed that if you don’t agree with the Plea Bargain and take the case to trial–that if you were found Guilty- You could possibly get a prison sentence. SO WHAT DO THE MAJORITY OF PEOPLE DO—they accept a plea bargain and are placed on Probation.

    CONGRATULATIONS!!! You are now part of the almighty ILLEGAL———-WHOOPS, MY BAD, I MEANT THE ALMIGHTY LEGAL SYSTEM, in which you are supervised by the Courts AND now have to answer to them, you have to check in with Probation, pee in a cup, blow on a tube, avoid ALL police contact, get a job so you can pay $500 a month to share a room with 5 other “roomies” on probation, eat processed meat with cheese that WON’t melt-no matter how long you nuke it, Yhe worse part about this is–that’s what you will eat the entire time you are in the facility. YUMMY!! you get to take showers with your new :roomies” and ALL the other “roomies” in the facility, you are woke up @ 5:30am to be ready for breakfast @ 7am, whether you want to or not, you have to avoid association with any criminals, avoid any Criminal Thinking, you can use the phones-but only when they allow you to, you watch TV when they let you, you nolonger have any Privacy Rights-WHAT’S YOURS,,IS THERE’S TO LOOK THROUGH ANYTIME THEY FEEL LIKE IT, YOU WILL be forced to take alcohol, drug, domestic classes and maybe a Mental Health Eval–they just want to check HOW CRAZY YOU ARE!!! If you are “CRAZY”, they make you take :CRAZY PILLS”, so you can feel better. AND to make you feel even better- they make you ride a bike everywhere, or even better-TAKE PUBLIC TRANSPORTATION. You have to account for your time, where you go, who you saw, what you did, what you say,AND HOW DID IT EFFECT YOU AS A PERSON? They call it–GETTING IN TOUCH WITH YOUR INNER FEELINGS!! I call it something else!! (too explicit for me to say, but you get my idea). YOU NO LONGER HAVE CONTROL OVER YOUR FREEDOM–YOU BELONG TO THE JUSTICE DEPARTMENT. Oh, and BELIEVE ME, the cops that originally arrested you–WILL ALSO BE KEEPING THEIR EYE ON YOU. You know why?? Because you were convicted of a crime, therefore proving they were RIGHT ALL ALONG and their balls just grew Bigger!!

    My advice to all whom feel they have been unjustly charged with an erroneous TRUMPED up charge by a cop who has a hard-on and thinks they are God and feel they need to prove their manhood by having control of all situations and have a inferiority complex when their judgement has been questioned by a “PRESUMED INNOCENT PERSON” because they have a badge and believing that they are always correct and we shouldn’t question their authority. THAT WILL DEFINATELY PISS THE COPS OFF WORSE. Then guess what happens—YOU ARE BEING CUFFED & STUFFED with multiple charges!!! BEEN THERE DONE THAT!!!

    BEST ADVICE—GET A REAL GOOD ATTORNEY WHO WILL FIGHT FOR YOUR RIGHTS AND HAVE THE CHARGES DISMISSED. DON’T TAKE A PLEA. REMEMBER, YOU ARE INNOCENT UNTIL PROVEN GUILTY SO DON’T GET DISCOURAGED. FIGHT FOR YOUR RIGHTS & SELF-RESPECT!!

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    online stock trading advice

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  4. john steven grissom Avatar
    john steven grissom

    So like if someone lives in a homeless shelter for like 3 years, meets tons of people in the shelter where he lives because he has lost his vehicle and has no where else to go, and homeless shelters are known for housing ex felons….. guilty by association? or maybe they could say the guy or gal knows tons of parolees or criminals? RIDICULOUS! stevegtexas@aol.com john steven grissom- fort worth texas USA. 7/5/2011

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