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An officer pulls you over for speeding. He asks for your license, insurance, and registration. He goes back to his car and discovers, after a computer check, the license is flagged as an "alcohol restricted driver" because you have a prior DUI or alcohol violation. The officer has no reason to believe that you have…
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Every case is different, every prosecutor is different, and every judge is different. However, Utah has developed the "Utah DUI Sentencing Matrix" as a guide for judges in sentencing a DUI defendant. Most judges will follow pretty close to the guidelines with minor exceptions. Driver license suspensions are rarely ordered by the court because the…
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A person who is convicted of being in violation of the alcohol restricted driver law will have their license revoked for a period of one year. This is in accordance with Utah Code 53-3-220(1)(a)(xv). If you are convicted of this law under Utah Code 41-6a-530, it is a class B misdemeanor, just like an original…
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The most common question I get from people is can I get a permit to drive to and from work while my driver license is suspended? The answer is an emphatically NO at this time. Utah, as the law is now, there is no work permits that would allow you to drive to and from…
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Every justice court and district court in Utah is a little bit different in how they interpret the rules. Every judge require things that other judges do not. For example, the Salt Lake City Justice Court judges require a person convicted of DUI in Utah to take an additional class called the MADD Impact Panel…
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Below, I discuss the seven steps through a DUI Case. A Driving Under the Influence Charge is a serious offense and is very complex. As a Board Certified DUI Defense Lawyer, I evaluate your case and look for the best possible outcome. Below, I briefly discuss requesting a driver license hearing, hiring a DUI attorney,…
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When we take your case to trial, we always request a jury. In Utah, you have the option to have a bench trial (with only a judge) or a jury trial. Utah law allows four jurors for a class B misdemeanor DUI offense. If the DUI is a Class A misdemeanor, Utah law allows six…
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In analyzing and evaluating your case, we look at possible motions to file with the court to suppress evidence that the prosecution wants to use against you. We look at everything from whether the officer had a legal reason to pull you over to whether the chemical test was correctly administered. The starting point is…
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After the Arraignment, the Court will schedule a Pretrial Conference Hearing. This hearing is designed to allow possible negotiations with the prosecutor, scheduling of further hearings, scheduling of motion to suppress hearings, and/or scheduling of a trial. The DUI Defense attorney will meet with the prosecutor to engage in negotiations. Generally, the client does not…
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The next step after you have hired a lawyer is to obtain all the evidence concerning your case. As soon as you leave our office, we make a request for several items. There is a laundry list that we request and that every DUI attorney should request depending on…
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Law Office of Glen Neeley 