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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  • Follow UP to Officer’s getting their own Utah DUIs!

    So here is a follow up on the story from yesterday.  The interesting thing about this case is that the officer was never found guilty of DUI.  However, his department presumed him guilty and fired him anyway.  It’s interesting that the police don’t even respect the sacred presumption of innocence even when dealing with their own.  The story reads that the office was fired for DUI, yet no DUI was ever prosecuted.  Got to love that.

    U officer fired for DUI
    By: Ana Breton
    Posted: 3/26/08
    A former officer at the U Police Department had his peace officer certification suspended for the next three years after he was arrested for drunken driving.

    Officer Tory Park’s certification was suspended by the Utah Peace Officer Standards and Training Council, which establishes and upholds rules of conduct for the state’s certified peace officers. Officers are given the certification after they graduate from a police academy and keep their accreditation by completing 40 hours of training in their department and follow POST council standards.

    The council suspended Park’s certification during its quarterly conference during the weekend. There, the council suspended the certifications of 29 other officers in Utah. Park was the only officer punished from a university police department in the state.

    Lt. Steve Winward, POST bureau chief of investigations said Park’s certification was suspended after the council found that he had been arrested for driving under the influence last year. Winward said Park was arrested on May 26 after he crashed his personal vehicle into a road sign when he was off duty. Winward said there was not enough evidence to convict him in court for DUI, but that Park plead guilty to leaving the scene of an accident and reckless driving.

    "They took the alcohol charges out, because it would have been hard to prove the case to determine if he drank before or during the accident," Winward said.

    Capt. Lynn Mitchell at the U Police Department said that Park was terminated and quickly replaced after he was arrested.

    "It’s disheartening. We arrest people who violate laws, so we don’t want our people to be doing those kinds of things, for crying out loud," Mitchell said. "We arrest people for DUI, but that doesn’t give us permission to do it ourselves."

    Although Mitchell declined to comment about the specific POST case because it involved disciplinary action, he said that Park is not the first officer to have a peace officer certification suspended at the police department.

    "It’s not a first," Mitchell said. "But then again we’ve been here since 1958, so we’ve gone through a lot of officers."

    Mitchell said the last time a U officer’s certification was suspended was about four years ago. Park’s termination "almost went unnoticed," Mitchell said.

    Without certification, an officer is unable to take a position at a police department in the state of Utah. Additionally, Mitchell said that Park will not have a chance to train every year, so if he wants to come back into the field, he will have to pass the entire certification process again.

    "Tory was a nice guy. I feel bad for him," Mitchell said. "But I can’t respect that."

    The 30 Utah officers who were accused of breaking POST ethical rules might be the highest number of officers disciplined in recent history.

    Winward said the POST council has been understaffed because several officers have been absent because of personal reasons, such as surgery, and that "cases kept getting backlogged." The council’s next meeting is in June.

  • Police Get DUIs in Utah???

    The Police are making arrests for DUIs.  A story broke today about 30 officers being disciplined.  Many of the disciplined officers were involved in sexual misconduct.  However, I was shocked to see a few of them were officers convicted of DUI or Alcohol Related offenses.  One of the officer’s was the the poster child for getting tough of DUIs. 

    Here’s a break down of what discipline occurred:

    Officers disciplined

    Other current or former peace officers disciplined today were:
    — Centerville police: John F. Spencer, revoked for felony convictions of child abuse and assault
    — Salt Lake County Sheriff s Office: Jaron H. Brown and Ronald Friend, two-year suspensions for sexual misconduct and associating with criminals; James M. Coleman, revoked for theft conviction
    — Orem police: Barry T. Nielsen, revoked for conviction of sexual battery
    — Utah Highway Patrol: John C. Ellis, revoked for criminal trespass
    — South Ogden: Stuart J. Ford, revoked for domestic violence
    — Utah County Sheriff s Office: Troy W. Abplanalp, revoked for conviction of making threats with a weapon
    — Salt Lake Valley Emergency Communications Center: Stephanie K. Poret, revoked for drug use
    — Tooele County Sheriff s Office: Elizabeth M. Miller, revoked for custodial sexual misconduct
    — Salt Lake City police: Roger J. Nielson, revoked for sexual misconduct; Cortney C. Haggerty, four-year suspension for drug use
    — Utah Department of Corrections: Stephen A. Gray, revoked for custodial sexual misconduct; Katie C. Schofield, revoked for custodial sexual misconduct; Robert W. Crozier, revoked for sexual misconduct with a state computer; Alan W. Hurst, three-year suspension for driving under the influence; Bryan R. Sandness, two-year conviction for driving under the influence; David A. Goodrich, 9-month suspension for pattern of misconduct
    — Ogden police: Leon Weese, 18-month suspension for sexual misconduct
    — University of Utah police: Tory K. Park, three-year suspension for driving under the influence
    — Police academy cadets: Benjamin L. Walker, four-year suspension for theft; Valerie Hutchens, four-year suspension for falsifying her application
    — Washington County Sheriff s Office: Joy L. Andrews, three-year suspension for lying
    — Cache County Sheriff s Office: Jared L. Glover, one-year suspension for pattern of misconduct (more…)

  • Followup on Washington Breath Test Fiasco!

    Barry Logan is (was) the head of the Washington State Crime Lab.  He has resigned because of the fiasco that took place in the lab.  I met Barry at a course I took in Indiana.  He was very knowledgeable about the science of Breath Testing.  I’m sad that this has cost him his career.  I am sad that innocent people may have been convicted because of the things that happened in the lab.  I am also sad for a corrupt justice system.  Here is the story as posted in Seattle.

    I have also posted the story here in case the link dries up.

     

     

    (more…)

  • Breath Tests Thrown Out!

    I have a friend in the State of Washington named Andrea Robertson.  Excellent Attorney.  She sent me an email this week about a huge mess that is going on in Washington.  The gist of the mess is that the State Toxicology Lab staff violated ethical boundaries (lied in quality assurance affidavits), were sloppy in their testing of samples, and did not do things according to their procedures.  Andrea assisted Ted Vosk in mounting the allegations and bringing to light the horrible injustice that occurred because of the "good guys", the government.  The order specifically talks about the corners cut by the head people.
    Here is a copy of the order from the judges.

    Andrea was interviewed by several News People.  Below is a small clip of one of those interviews.

        Here is the interesting thing about this whole scam.  The State of Washington, in my opinion, has set the standard for breath testing programs across the nation.  This particular lab brought us the famous "Baker Rule" named after a case that requires officers to check a person’s mouth and have a waiting period prior to breathing into a breath test machine.  I have been to the Borkenstien course at Indiana University where the greatest science minds come together to teach how breath test programs should be run.  At the top of the faculty list is two top lab people from the Washington State Lab.  Here is the Lab that sets the standard, and it turns out the lab staff seem to be dishonest and sloppy when they are trying to convict people of DUI.  Maybe they thought, "who cares, they are just drunk drivers", maybe they thought, "it’s too tough to do things right", or maybe they thought, "who is going to find out."  Well, I’m glad that there are lawyers like Andrea on the front line, someone who cares about people being accused, someone who feels that if the state is going to try to convict her client, they better take the time to ensure accuracy, and someone who took the time to find out what is exactly going on.  There were a lot of people that helped on this project.  Andrea was one of several brave soles to take on the government.  I’m proud to know her and proud of her for being a part of this.

  • Utah Justice Courts

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

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

    Utah’s justice system needs repair

    What’s wrong with the justice system?

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

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

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

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

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

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

    Bonnie Terry

    West Haven

  • Arrested for DUI in Clearfield Utah?

    Many of my clients get arrested right after leaving Bogey’s.  The police seem to drive around the club between 11:00 p.m. to closing time waiting for people to leave.  The officers will then following the citizen until the person commits a minor traffic citation.  The officers then pull them over, ask how much alcohol was consumed, and the citizen is now looking down the wrong end of a DUI.  I saw this article in the Tribune that talks about how the officers actually went into Bogey’s and harassed the patrons to try to get them to commit crimes by offering money for sexual acts and lewd behavior.  The officers then purchased alcohol for an intoxicated person, and then cited the bar owner for serving an intoxicated person.  Is this really what we pay our officers to do?  Here’s the highlights.

    • Three state undercover cops walked into Bogey’s Night Club one September night and then over the course of two hours repeatedly made lewd comments to a waitress, waved a $5 bill at a rowdy customer enticing her to expose her breasts and, when she refused, bought her a drink.
    • After ordering themselves dinner and drinks, the officers cited the club for serving alcohol to an intoxicated patron – the same woman they had treated to a shot of Jagermeister liqueur.
    • Lt. Ed Michaud, head of the state’s alcohol enforcement team, said he was unaware of the officers’ actions until questioned by a reporter. He said the agents’ conduct was "over the top and an embarrassment to the department" that will be addressed at future training sessions.

    (more…)

  • Utah DUI Charge or just talking on your cell phone?

    The first thing an officer will look at when they are "hunting" for a DUI in Utah is the driving pattern.  I have had numerous cases where the officer describes somewhat of a driving pattern in states my client swerves or weaves a couple of times.  Many times, my clients will tell me they were talking on their cell phone.  Talking on your cell phone may be dangerous and it may be against the law in some jurisdictions, but it does not mean that you are impaired by alcohol and/or drugs.

    Here is a story that was printed by the U of  U News Center.  The article talks about a study that was done back in June 2006.  Here are some highlights.

    • the study indicates that people who talk on their cell phones are just as impaired as people who drink.
    • in fact, the study seems to indicate that people talk on their cell phones can be more impaired in a person who has drink alcohol.

    My prediction in the future is that soon talking on a cell phone while driving will be handled and prosecuted much the same way as a Utah DUI charge. (more…)

  • Utah DUI Attorney Perspective on Friends letting Friends Drive Drunk

    An article written in the Daily Utah Chronicle surfaced today regarding friends letting friends drive Drunk.  The writer brings out some good points that I would like to highlight.

    • Being convicted of a DUI in Utah carries steep criminal penalties, including revocation of your driver’s license, jail time, fines and community service. These penalties increase and are compounded with every repeated DUI offense.
    • This New Year’s holiday weekend, the Utah Highway Patrol said it made just six arrests in Salt Lake and Utah counties for driving under the influence, and there were no DUI-related crashes.
    • under Utah’s laws, even if your BAC is less than .08 percent, you can be arrested and charged with a DUI if you are still driving impaired by drugs or alcohol.

    The thing that is interesting about this article is all the doom and gloom statistics.  This thinking leads to punish the innocent for the sake of punishing the guilty.  What I mean by that is it is dangerous to assume that "most drunk drivers don’t get caught the first time they drive drunk. "  I had a judge mention this statistic once.  He then punished the guy for all the times "he did not get caught."  People should be judge by the crime at hand, not by the crimes they could have or even probably have committed.  We still believe in the presumption of innocence, don’t we?  Here’s the remainder of the article below.
    (more…)

  • How much can a DUI in Utah cost?

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

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

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

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

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

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

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

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

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

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

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

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

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

  • UHP Seem Disappointed in only 6 Utah DUI Arrests

    Here is a follow up to the New Years Eve post where the there were car dealerships paying cops to arrest Salt Lake City and Provo City DUI suspects.  Many police worked overtime and many resources were pulled in for this cause.  All the sponsored money, all the overtime paid, and all the resources used for New Years Eve culminates in six DUI arrests for New Years.  No crashes or accidents ocurred that were DUI related. The UHP seem disappointed.  The UHP expected a lot more.

    Deseret Morning News
    New Year’s DUI sting is on the dry side
    UHP makes only 6 holiday arrests in Salt Lake, Utah counties
    By Linda Thomson and Rebecca Palmer
    Deseret Morning News
    Published: January 2, 2008
    Maybe all those "Don’t Drink and Drive" messages are starting to hit home.

    The Utah Highway Patrol reported it made only six DUI arrests in Salt Lake and Utah counties from New Year’s Eve through the morning of New Year’s Day, according to UHP spokesman Cameron Roden.

    "It’s somewhat surprising," Roden said.

    There also were no DUI-related crashes and no DUI-related fatalities in those two counties during the holiday that traditionally is associated with heavy drinking.

    "This makes us really happy," Roden said. "It looks like we achieved the message we wanted to put out that people should take alternate means home. We’re glad there weren’t any crashes or injuries."

    In 2006, the UHP reported that New Year’s Eve and early New Year’s Day produced 10 DUI arrests for the areas it covers in the Salt Lake Valley, according to Deseret Morning News archives.

    Roden on Tuesday credited the media — newspapers, TV and radio — with helping police agencies emphasize how dangerous drinking and driving can be and the fact that there would be plenty of law enforcement officials out on the roads watching for any DUI-related problems.

    Various other law enforcement agencies in the Salt Lake Valley said they had no statistics as yet regarding DUI arrests on Tuesday.

    The UHP did have one particularly troubling DUI case involving an intoxicated 17-year-old male who led police on a chase from Tooele to the east side of Salt Lake City. The youth ran over three sets of spikes placed by police but kept on going until he finally ended up driving on the tire rims with shreds of rubber flapping.

    The 30-minute chase started about 9:30 p.m. when Tooele police officers tried to stop a small, speeding pickup truck, dispatchers said. The truck moved onto state Route 201, and UHP troopers took over.

    "He was all over the road at speeds up to 80 mph and down to 30 mph," Roden said. "We attempted to spike the vehicle at 5600 West and we were not able to. We attempted to spike it at Bangerter Highway around Route 201 and got some of the tires. We spiked it a third time and got all four tires," Roden said.

    The young driver still kept going, although now at speeds of 10-20 mph.

    "The tires were flapping all around," Roden said. "His vehicle finally gave out on him."

    The 17-year-old was arrested just west of Foothill Drive in Salt Lake City (2800 East), and he was booked into a juvenile detention facility.

    He told police he was underage and had been drinking, so that’s why he ran.

    Here is a comment posted at the article site:

     "Previous articles touted UHP troopers’ claims that finding impaired drivers on the road was like shooting fish in a barrel and the highest rates of impaired driving is over the holidays.

    The State of Utah’s own statistics don’t bear this out.

    Perhaps the federal grant money-funded scare tactics were to induce some pre-legislative session hysteria.