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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…
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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…
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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…
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Many people, including judges and attorneys, have the wrong perspective about DUIs in Utah. A lack of knowledge in the area of DUI can have dire consequences to a citizen without realizing it. The Big Lies are: A DUI is a “simple charge.” I hear it all the time. “Should I just go in and…
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I opened my law practice shortly after graduating law school in 1998. There was no big firm dreams for me. I did not want to work for someone else. My dream was to help those in need who could not help themselves. My dream was to be that down to earth lawyer that a client…
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I was presenting to UACDL attorneys on Drivers License Suspensions. An area that became real confusing is the area of minors who get a DUI. The reason this gets so confusing is because there are administrative based suspensions and then there are conviction based suspensions. Utah code 53-3-223 (7)(a)(ii) provides that a person under 21…
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The question has come up twice this month from two different sources. I was asked, "What is the difference between a DUI Attorney and a Criminal Defense Attorney." The simple, but circular answer is all DUI attorneys are criminal defense attorneys, but not all criminal defense attorneys are DUI Attorneys. The differences is the specialty…
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Under the Utah Code, a prosecutor can appeal decisions from a Justice Court Judge to the District Court under certain circumstances. Utah Code 78A-7-118 states:… (5) The prosecutor is entitled to a hearing de novo in the district court on: (a) a final judgment of dismissal; (b) an order arresting judgment; (c) an order terminating…
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Many people do not understand the hidden consequences of a DUI. One such hidden consequence is the denial of obtaining a concealed weapons permit. If a citizen already has a weapons permit, it will be revoked. In fact, the code says you cannot have a permit or your permit can be revoked or suspended if…
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A man’s DUI charge was reduced to Impaired Driving. Impaired driving will prevent loss of license or reduce a license suspension on a first offense (if the person did not refuse a chemical test). An ignition interlock device is not normally required either. However, if a person pleads to an impaired driving, and as part…