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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  • Step 4: Requesting the Discovery and Evidence for your Utah DUI arrest

     

     

     

     

     

     

    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 the circumstances:

    All Cases:

    The Police Reports

    The Video

    Supplemental Reports by witnesses and other officers

    Photographs

    Breath Test Case:

    Video of the Breath test room if conducted in the room

    Breath Test Result

    Intoxilyzer Maintenance Records

    Intoxilyzer Certificates of Calibration

    Officer’s Intoxilyzer Certification Records

    Jail Booking video

    Blood Test Case:

    Video of Blood draw

    Blood Drawer Certification

    Chain of Custody documentation

    Equipment used to draw blood

    Gas Chromatograph documentation

    Blood Test Results

    Maintenance logs

    Toxicology litigation packet

    These are just some of the items we request as the circumstances dictate.  Sometimes, if there is no video, we contact local merchants to see if they have video cameras depicting the arrest and field sobriety tests.  In certain cases, this has been very effective in exonerating innocent people.  When we request these items, we provide a copy of everything we get to the client.  The client’s file will match our file.  We find it effective to give a copy of everything to the client so that they can assist us with ideas and facts on the case.  Just because a police officer put it in a report, doesn’t mean it happened that way.  Clients have been very helpful in shedding light on “the rest of the story”.  Such as, “the officer didn’t put in the report that I was wearing 6 inch high heels to do the Walk and Turn test.”  Or “it was 5 degrees outside and I didn’t have a coat.”  We want our client’s involved with the case and work together to find the best possible outcome. 

  • Step 3: Going to Court on your Utah DUI for the First Time

    The Arraignment:  The first court hearing is called the arraignment.  The citation will tell you to contact the court not less than 5 days and not more than 14 days.  This is preprinted on the citation forms all over Utah.  However, if you are booked into jail, many times the releasing agency will give you a court date.  Further, if you use a bail/bonding company to bond out of jail, the bonding company may give you a court date.  TRUST NO ONE.  Call the court daily to determine your court date.  If you fail to appear on the court date that the court schedules, the court can issue a warrant for your arrest.  If you hire a DUI attorney, the attorney will take steps to help you through this process.

     

    Hiring a DUI Attorney:  When you hire a DUI Attorney, the attorney will enter an appearance, which is a letter to the court telling the court that you have retained the attorney and that you enter a plea of not guilty.  Most of the time, with the letter from the attorney, the court will cancel the arraignment and set the case for the next hearing called a pretrial conference.

    Purpose of Arraignment:  The first initial appearance, the arraignment, is for the court to ask how you plea and set further proceedings.  Your choices are guilty, not guilty, or no contest.  It is advisable to always plea not guilty at the first hearing.  If you enter a plea of guilty or no contest, the case is over and you will be sentenced.  You have just waived your right to challenge the evidence and to make the prosecution prove the case beyond a reasonable doubt.  A no contest plea is essentially treated as if you entered a plea of guilty.  It means that you are not contesting the charges. Once you enter a not guilty plea, this would be the time to tell the court that you cannot afford to hire your own lawyer and would like an attorney appointed to represent you, or to tell the court that you plan on hiring your own lawyer and would like time to do so.

    When should I hire a lawyer?  It is best to hire a lawyer as soon as possible so that evidence can be preserved and collected.  The sooner you hire the lawyer, the easier the process will go.  The lawyer will set court dates with the court, request discovery and videos from the prosecution, prepare motions, and prepare the best possible defense. 

  • Step 2: Contact a Lawyer

    The next step is to have an evaluation done on your DUI case.  Contact an attorney that specializes in DUI Defense.  We offer a free 30 minute evaluation of your case.  Many people think their case is hopeless.  A lawyer who specializes in DUI Defense has the ability of spotting issues that many people miss.  For example, a client came to me who had hired the family friend lawyer that did not specialize in DUI Defense.  The client’s prior lawyer advised her to plea guilty to a slightly less charge because the toxicology report showed she was over the legal limit of .08.  What the lawyer missed is that it was a urine test, not a blood test.  A urine test is not helpful in showing an amount because of the bacteria in urine.  A Urine test is only useful in saying a substance is present, not a quantitative amount.

    There is nothing to lose in spending a little time in allowing your case be evaluated.  After the evaluation you can decide whether to hire the lawyer.

    Our process is to have you meet with us in our office so we can get to know you and listen to you.  We explain to you the process, the points in your case that will help your defense, and the path that we should take to defend  your case to get the best possible result.  We explain our fee to you, payment options, and sensitive time frames involved with your case.

    Hiring a lawyer that specializes in DUI Defense will most likely be more expensive than a lawyer that does a general law practice.  There is a reason.  The specialist knows how complex these cases are and what goes into them.  Many hours need to be spent on a DUI case.  Motions need to be filed; and the specialist needs to know how to try a DUI case.

    There are Ogden DUI Attorneys, Salt Lake DUI Attorneys, and others.  Because of our specialty, we go all over the State.  People hire us to go up to Logan, down to St. George, over to Kanab, Monticello, Vernal, and virtually every corner of the State of Utah.

    Questions to ask the Lawyer:

    • How many cases have you taken to trial? (Glen Neeley has taken more than 100 trials to verdict).
    • How many cases to you have?  (You don’t want a dump truck lawyer that has hundred’s of cases that will put minimal time in to your case).
    • How can I contact you?  (We provide a 24 hour phone call service, email, text, and social media to be contacted).
    • How many years have you been in practice?  (Glen Neeley has been doing DUI Defense work since 1998).
    • What training have you had?  (Glen has taken intoxilyzer training, owns his own intoxilyzer and Portable Breath Test, Standard Field Sobriety Test Training and Standard Field Sobriety Test Instructor Training, Drug Recognition Expert Training, ARIDE Training, Toxicology and Gas Chromatography training…virtually all the same training the police and the state expert witnesses are required to participate in.)
    • What Organizations do you belong to?  (Glen is a member of the National College of DUI Defense, the State Delegate, and Board Certified in DUI Defense, Trial Lawyers College Graduate taught by Gerry Spence, National Criminal Defense College Graduate, Utah Association of Criminal Defense Lawyers member and regular Seminar Speaker…and the list goes on). 

  • Step 1: Request a Driver’s License Hearing after arrested for DUI In Utah

    The first step in any arrest for DUI is requesting a Driver License Hearing.  Many people want to bury their head in the sand after an arrest occurs.  They don’t want to think about, take some time to process what just happened.  They hear the officer spew words about contacting the Court no earlier than 5 days and no later than 14 days.  It is all a blur.  You MUST request a drivers license hearing with in 10 DAYS of being arrested.  If you don’t, your license will be automatically suspended without out any due process, and without a hearing.  If you can’t bring yourself to contact a DUI Attorney from the get go, at least request the Driver License Hearing first thing.  In fact, print this form, fill it out as complete as you can, and fax or mail it in.  There is nothing more unsettling than winning your criminal charge of DUI but yet trying to explain that your license is still suspended based on the simple fact you did not request a hearing within 10 days.

    Late Hearing Requests:  If you miss the 10 day period to request a Driver License Hearing, then send in a letter explaining why you did not know you needed to request the hearing within 10 days and ask for a later hearing.  Very rarely have I seen it granted, but occasionally, the DLD will look at the officer’s report and see that you were not advised of your right to a hearing.

    Driver License Suspension Consequences:

    • First Offense, Consented to Chemical Test:  120 day Suspension
    • First Offense, refused to take Chemical Test:  18 month Suspension
    • Second Offense, Consent to Chemical Test:  2 Year Suspension
    • Second Offense, Refusal to Chemical Test:  3 Year Suspension/revocation

    REQUEST HEARING  (CLICK HERE FOR FORM)

     

     

     

  • Utah DUI Driver License Suspensions and Ignition Interlock

     

    A lawyer called me the other day about an ignition interlock law that came into effect July 2012. The essential facts concerning the case is that the citizen was arrested for DUI and plead to a reduced charge of Impaired.  He refused a breath test.  The refusal triggered an 18 month suspension/revocation of his license.

     60 DAY LICENSE REDUCTION:  Essentially, the lawyer was surprised that when the citizen pled to an impaired driving, it did not reduce his license suspension to 60 days.  Here is the problem.  A driver is only eligible for a suspension reduction under certain specified circumstances.  First, it must be a first time offense.  (Which it was in this case).  Second, the case cannot involve a refusal administrative suspension; the reduction to 60 days is only allowed for a 120 day suspension.

    SUSPENSION FOR NO IGNITION INTERLOCK:  The lawyer was then surprised that there was a letter of suspension concerning the new law that came in effect July 2012.  The law is Utah Code 53-3-1007 which essentially gives the power to the Driver License Division to suspend a driver’s license when the driver becomes eligible to drive if the driver does not have an ignition interlock device (alcohol breath tester) in the car when required.  The ignition interlock device is required for any conviction of DUI and is required for two convictions of any alcohol enhanceable offense; i.e. DUI/Impaired Driving.  It is also required if the person refused to take a breath test and is revoked for that refusal.

    Understanding these laws is so important before considering a plea.  In this instance, pleading guilty to a reduced charge of Impaired Driving essentially did nothing for the citizen’s driver license.  There may have been other good reasons to taking the plea deal, but a citizen concerned with the driver license most would not benefit from this circumstance.  That is why it is important to talk with a lawyer who specializes in this complex area of the law.  A DUI is not just a DUI anymore.  The stakes are high and the consequences are severe.  Hiring the family friend lawyer who does not specialize is more times than not regrettable. 

  • Utah DUI Survival Guide: A Citizen’s Protection Manual

     If you live a life style of going to a club or bar, even occasionally, you need to read this book.  I authored this book with nationwide known attorney’s Bruce Edge and John Hunsucker.  The people who have read it has told me that “anyone who drinks alcohol needs to read this book.”

    The book describes what you can do to prevent getting a DUI in Utah and tells you how to help your case if you already have a DUI in Utah.  It goes through the license ramifications, court consequences, and how your case should be handled.  The table of contents outlines 25 topics that deal with many aspects of a DUI such as the intoxilyzer, CDL Licenses, Field Sobriety Tests, Blood Tests, Boating Under the Influence, Prescription DUI, DUI Mistakes, and Utah DUI Laws.

    If you would like to purchase a copy of the this book, it is only $12, which includes shipping and handling.  Please send me an email and go to my paypal button to purchase a copy.

  • Ogden DUI Attorneys

  • DUI Utah Highway Patrol Trooper found not Credible by Two Different District Court Judges

     

     I was interviewed by Chris Vanocur, ABC Channel 4 News the day before Judge Kouris announced that the Trooper had no credibility and dismissed the case that Trooper Steed was the arresting officer.  The case was about whether Trooper Steed had a legal reason to pull over the citizen in the case.  She said he had no license plate light.  The man said that he checked the light not more than 10 minutes before he was pulled over and it was working.  

    A week later, Judge Dale announced that the Trooper was not credible in his Court as well.  The prosecutor issued the following Statement:

    "Concerning Utah Highway Patrol Trooper Lisa Steed, our office has received multiple media inquiries. She is currently assigned, by the UHP, to patrol Davis County. To assist all media outlets, we provide the following:

    The Davis County Attorney’s Office will continue to provide notices and material to defendants related to Trooper Lisa Steed’s conduct and credibility as per Brady v. Maryland and Giglio v. United States. We support these decisions (cited below). They are in the interest of justice.

    Beyond that, our office will assess each case involving Trooper Lisa Steed individually with the following in mind:

    If there is sufficient evidence for a conviction completely independent of Trooper Steed (we don’t need her as a witness at all or only need her for minor foundational matters such as describing an item of evidence that has verification independent of her; and we address her credibility warts in court on direct examination ourselves), the case might continue. We do not want those who have actually violated the law to escape justice due to the credibility problems of Trooper Steed if we can prove the case independent of her.


    However, if Trooper Steed’s investigative or testimonial credibility is an issue at all to prove any element or constitutional component of a case (like the basis for a vehicle stop or a search), the case will be dismissed. Our obligation and duty as public prosecutors is to fairness, justice and constitutional principles, not to vindicate Trooper Steed by going forward. We do not want those who are innocent, or even those who may have violated the law, to be potential victims of the justice system based on Trooper Steed’s misconduct if a case rests in whole, or in part, on her credibility."

  • University of Texas Online Lawyer Links

  • Utah DUI and Bail Bonds

     When a person is arrested in Utah for DUI and taken to jail, many things can happen.  A person can be ordered bail, usually in the range of $1500 to $2500 depending on additional charges for a first offense, or sometimes they are released on their own recognizance (meaning the jail has determined the person has enough ties to the community that bail will not be required).  

    The latest Court Fine and Bail Schedule is located here.  It is deceiving in some respects.  A fine is a fine, but then there is a 90% surcharge added to the fine. 

    If bail is set, you pay the full amount of the bail, or you can pay a bail bond of 10% of the bail.  I asked Joshua Massey of Massey’s Bail Bonds to do a guest article to describe this process.

       Massey’s Bail Bonds is a Full service bail bond firm that provides assistance at the first moment when your family or friends are in need. When arrested or charged with a crime, have a family member or friend calls us. They will speak directly to a 24/7 professional knowledgeable bail bond agent. First, we will let you know the jail’s address and number where your friend or family member is being taken. Once you have been, booked Massey’s will notify the family or friend of the charges, and the amount of bail. In some cases, depending on county jail, there is an inmate roster available which will direct your family or friend to us at this web address.  Now that all parties involved know the address, telephone number to the jail, charges, and bail amount, the next step is to process with the bail bond application to get approval to post a bond.

    A brief run down on a bond is as follows:

    • A bondsman posts a bond to the jail for the principle amount of the bail.
    • The jail forwards that bond to the court where the court holds the bond in trust for the principle amount of the bail.
    • A bondsman charges a 10% mandated state required fee to post the bond & either collateral(House, Car, Credit Card Promise) or a signature from someone with good credit, and/or job history to guarantee the principle bail.
    • The principal bail does not need to be paid back as long as the Client appears in court up to sentencing.
    • Once the bail has been arranged, a professional bondsman will be dispatched to meet the co-signer at the jail.
    • A bail bond agreement will be signed after our bondsman has explained the terms & conditions of the bond an answered any additional questions. All that was agreed upon will collected and a bond will be posted.
    • Once released the same agreement will be signed by the Client and the client will be informed of the terms of the agreement, court dates as well as any additional resources such as attorney’s, Rehab centers, Counseling, etc.
    • Our clients are given direct access to the owner to answer any questions or provide any additional services needed.    
    • Video from Massey’s Bail Bonds