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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  • Utah DUI Checkpoints Violates the Search and Seizure Protections

    I was interviewed by a paper in St. George Utah.  A guest writer Brittany Stoker wrote the following for my Blog.

     According to current law, police officers are prohibited from pulling people over unless there is a reason for them to suspect that a person is breaking the law (reasonable suspicion). However, there is one exception to this rule: DUI checkpoints allow law enforcement officials to pull over randomly selected drivers without probable cause.

    Glen Neeley, Board Certified DUI Attorney in Ogden, Utah, proposed the following scenario in a Utah newspaper recently: “Say it’s late at night and a driver who has been working late goes through a checkpoint and has bloodshot eyes because he’s tired.” At this point, it is possible that the police officer may suspect drug use and would administer a blood test at that time. Neeley continued, “That takes a couple of weeks to come back, so they charge him with DUI based on those observations.”

    Neeley goes on to state that, “Even if a person is ultimately vindicated by their blood test, simply being charged with a DUI can be quite expensive. Number one, he’s been taken to jail; number two, his car has been impounded; number three, he’s had to bail out of jail; number four, he’s had to hire an attorney and pay attorney fees. All of this happens before the case eventually gets resolved and dismissed.”

    The many opponents of DUI checkpoints state that DUI checkpoints are an invasion of privacy and violate drivers’ fourth amendment rights, which protect citizens from unlawful searches. Fortunately, for many people who seem to have just been “in the wrong place at the wrong time,” a bill recently passed through the Utah House of Representatives prohibits law enforcement from conducting DUI checkpoints. If this bill makes it through the state Senate and becomes law, law enforcement would no longer be able to stop random drivers at these checkpoints to conduct tests for DUI violations.

    According to Neeley, situations similar to the one cited above “happen every day.” Neeley has successfully represented clients found in this situation several times and has received the same specialized Standardized Field Sobriety Tests training as police officers receive. In other words, if you’ve been charged with a DUI, whether at a random checkpoint or otherwise, having Glen Neeley on your team is the best decision you can make. Call Glen Neeley, board certified attorney, at 801-612-1511 for a free consultation. You and your family will be glad you did. 

  • UHP Less than Truthful about Utah DUI Officer

    Chris Jones from Channel 2 News Utah interviewed me about the UHP’s handling of Trooper Steed’s misdeeds.  In 2010, Channel interviewed me and UHP.  UHP told Channel 2 if Channel 2 was to pull other arrests that Trooper Steed was involved in, no misdeeds would be found.  Channel 2 then received two letters of reprimand concerning Trooper Steed.  Interestingly, the reprimands were being issued at the same time Channel 2 started investigating.  I guess the UHP didn’t count on Channel 2 following up and searching for the truth.  I commend Chris Jones and Channel 2 for taking steps to expose the truth about this situation.  Anyone arrested by this Trooper really needs to contact a competent attorney.  

  • The Investigation Into Trooper Steed Continues

    I have cases ongoing with this Trooper.  She testified in Court that she has received two reprimands.  The Highway Patrol will not turn over that information.  The Court ordered them to do so, and now they are still fighting to keep the information about the Trooper quiet.  

    Trooper Lisa Steed is a highly decorated Utah Highway Patrol State Trooper in the State of Utah with a reputation as an outstanding role model among her peers. She has made more DUI arrests than any other trooper in the State of Utah. In 2007, Trooper Lisa Steed was named the Utah Highway Patrol Trooper of the Year. She was the first woman to ever receive this award.

    Steed is now, and has been for over a year, under investigation after several complaints of policy and civil rights violations against her. One recent DUI arrest she made has since made national headlines. In November of last year, we wrote about the details of the arrest and the resulting investigation, which you can read about by clicking here:

    http://www.utahduilawblog.com/2010/11/articles/field-sobriety-tests/judges-find-trooper-lisa-steed-not-credible/

    Attorneys for Theron Alexander, the man arrested by Steed, have since filed motions seeking the records pertaining to their client’s arrest. Attorneys for the Utah Highway Patrol (UHP) are fighting to keep the records sealed, stating that a release of the records “would have a chilling effect on the UHP’s ability to perform disciplinary investigations in the future.”

    Judge Kourkis of the Third District Court is expected to make his decision regarding Steed in a hearing scheduled for January 17.

    Sources:

    http://www.cityweekly.net/utah/article-12126-judge-cutlers-ruling-uhp-trooper-lisa-steed.html

    http://www.sltrib.com/sltrib/news/53200488-78/records-steed-uhp-trooper.html.csp

  • Utah DUI UHP Trooper Investigated for DUI Arrests

     

    Channel 2 did a story on Trooper Steed about year and reported on her wrongful arrest of a man that was handicapped.  Once again, they have put the spotlight on her.  There was recently a settlement for a lawsuit filed against her when she consistently Tasered a man sitting in his car asking for a lawyer.

    I appreciate Channel 2 looking out for the people that cannot protect themselves from these people.  Without the spotlight on this issue, the behavior of this trooper may continue.  This will generate change.  

    I encourage anyone who has been arrested by this trooper to contact me or another competent attorney immediately.  Nobody should be convicted if arrested by this Trooper.  She has ruined lives.  She has taken jobs, split up families, cost innocent people thousands of dollars.

     

     

  • Utah DUI and SR22 Insurance

    There is an incorrect assumption out there that if you get a DUI, you are required to carry SR22 high risk insurance.  NOT TRUE.  Utah did not jump on that bandwagon, yet!  SR22 Insurance is only required in the state of Utah if a person is convicted of not having insurance.  Guest Blogger Dave B.G. wrote an article about this to help people understand the ins and outs of SR22 Insurance. 

    Understanding the SR22 Insurance Regulations for Utah

     

    When it comes to carrying SR22 insurance, you may or may not be aware of the fact that the regulations and guidelines for this insurance can vary from state to state. SR22 is a type of insurance a driver carries when he or she is considered high risk or has been required to carry this type of policy. If a driver stops carrying this insurance prior to the time mandated, they will be in danger of losing their license.

    A Utah driver may be required to carry SR22 insurance if:

    • A driver is caught driving with no auto insurance policy in place

    In Utah, as with other states, there are three different types of SR22 insurance a driver can carry:

    1.     SR22 for Utah drivers who will be driving their own vehicle

    2.     SR22 for Utah drivers who will be driving a vehicle that belongs to someone else

    3.     SR22 for Utah drivers who will be driving either of the above.

    The SR22 Process for Utah Drivers

     

    There are steps to the SR22 process that must be followed before a driver’s license is reissued and the driver is permitted to drive again.

    ðThe driver compares rates for insurance companies that offer SR22

    ðFor the state of Utah, the minimum coverage drivers must have for their SR22 policy is $3,000 for personal injury protection, $25,000 for injury or fatality of another, $65,000 for injury or fatality of more than one person and $15,000 for property damage

    ðOnce the policy is in place, the insurance company sends the SR22 to the Utah State Department of Motor Vehicles to request approval

    ðUsually the driver will receive a letter of acceptance or rejection within a 30-day period

    ðIf the Utah driver gets accepted, his or her driver’s license will be reinstated

    ðFor the state of Utah, the driver is required to maintain SR22 insurance for a minimum of three years

    ðFailure to keep the SR22 policy current can result in the driver’s license being revoked. Insurance companies are required by law to inform the Utah DMV should there be a lapse in the drivers insurance. The State will then usually revoke the license until an SR22 policy is put back in place.

    Keep in mind that although Delaware, Pennsylvania, Kentucky, New Mexico, Minnesota and Ohio do not require SR22 policies, if you move from Utah when required to have SR22 insurance, you will still have to maintain this type of policy wherever you move.

    http://le.utah.gov/~code/TITLE31A/htm/31A22_030400.htm

     

  • Appealing your Utah DUI

     Maybe you went out for a nice meal with your spouse and both of you decided to indulge in a glass of wine (or two). When it came time to leave the restaurant, you decided that you were totally fine to drive, despite imbibing alcohol. After all, it was only one glass (or two). There’s no way you could have been over the legal limit and you certainly didn’t feel impaired. Unfortunately, the cop that pulled you over for swerving or driving erratically didn’t feel the same, especially once you’d taken a breathalyzer test and blown a 0.05% blood alcohol concentration (BAC). But wait, the legal limit is 0.08%, isn’t it? Indeed it is, but a DUI, which stands for Driving Under the Influence, can actually be issued at any time that an officer feels you are too impaired to drive, regardless of your BAC, and the charge comes with stiff penalties.

    For one thing, you can have your license suspended for up to 120 days. But even aside from the fact that you lose the freedom of driving yourself around, you could also lose your freedom, period. A first offense carries with it the penalty of a minimum of 48 hours in jail, in a work service program, or in home confinement. Generally, you’ll also receive a year of probation, likely combined with some sort of mandatory DUI class or substance abuse education program. And there’s also the little matter of a $700 fine (minimum) that you’ll have to pay with an 85% surcharge stacked on top of that for a total of almost $1500. Clearly, Utah takes a firm stance on the issue of drinking and driving. However, a DUI doesn’t have to ruin your life. As long as you resolve to use it as a learning experience (and a mistake that you will never repeat), there’s no reason you can’t try get your sentence reduced and keep the ticket off your permanent record.

    Because a DUI is a Class B misdemeanor, generally, you’ll start in municipal (or city) court. If you are convicted and sentenced at the municipal level, you may want to appeal the ruling in order to avoid the penalties associated with a DUI conviction. From here, the first thing you’ll want to do is secure the services of a lawyer. Although you can appeal a DUI on your own, you’ll have more luck if you go in with someone on your side that is well aware of the laws. For starters, you may not know that while you are appealing you can sometimes get your sentence stayed (so that you won’t have to begin serving it). This is just the sort of information your lawyer can provide.

    Next, your appeal will be heard in district court. Although rulings are often upheld, you never know when a different judge might take your side (especially if the original ruling appears to have been unfair or unjust in some way). Even if the ruling is not overturned, you may be able to secure a more lenient sentence. But you’ll have a much better chance of getting your conviction overturned or your sentence commuted if you have a lawyer’s help.

    Carol Montrose writes for NJ DUI Attorney, a New Jersey DWI defense law firm (www.nj-dmv-dwi.com). 

  • People and Alcohol

    Guest writer, Allison Gamble, wrote and interesting article for me to post regarding the who, what, when, where, why, and how of alcohol.  Thanks Allison.

    People and Alcohol

    Humans’ love of alcohol is millennia old despite the obvious downsides of alcohol abuse. Even with the traffic fatalities, health problems, and ruined relationships attributable to alcohol consumption, the industry still prospers. Alcohol sales increased by 10 percent from May 2010 through May 2011 during a period of 9.3 percent unemployment. It appears that people always find the money for a drink, even in hard times. Even the high cost of alcohol rehabs has not deterred people from drinking. Given the many negative repercussions of drinking, the question on many people’s lips is why drink?

    Why People Drink

    In a world where special occasions are celebrated with a toast of champagne and glamorous TV sophisticates sip martinis out of first-rate crystal, it’s doesn’t take a mastery of forensic psychology to recognize the images glorifying alcohol. Social pressure, escapism, and stress offer understandable excuses for a drink. The allure of alcohol is often tied into smoothing social interaction and relaxing to have a good time. As a social lubricant, alcohol is hard to resist.

    Drinking games and alcohol abuse are a right of passage for many. Teenagers and college kids have a hard time saying ‘no’ to alcohol for fear of being regarded as uptight or too serious. Peer pressure is a real problem for many young people: whether at the fraternity house keg party or an invitation for a drink after work, ordering a soda instead of something hard can make a person feel like an outsider or party-pooper.

    Drunk Driving

    Once that third or fourth drink is polished off and a drinker isn’t thinking clearly, it’s way too easy to forgo common sense and get behind the wheel of a car. About 30 people die daily at the hands of alcohol-impaired drivers. Estimated annual damages for drunk driving crashes total in the tens of billions of dollars. Given all the measures to deter drunk drivers, the problem remains a significant one.

    Addicted to the Feel-Good Feeling of Alcohol

    To fully understand the allure of alcohol it’s helpful to recognize the reason a drink is so irresistible. A sip of alcohol is almost immediately absorbed by the small intestine directly into the bloodstream. When people jokingly say alcohol goes straight to their heads, they aren’t joking. Traveling through the bloodstream, alcohol effectively expands blood vessels, causing the flushed, warm feeling associated with alcohol intoxication.

    Once inside the brain, alcohol stimulates the nucleus accumbens, which is otherwise known as the ‘pleasure center’ of the brain. Dopamine is secreted from this pleasure center and rewards a drinker with the light-headed and euphoric feeling a person enjoys when slightly inebriated. This same chemical causes people to feel good after eating or having sex. Beyond small amounts, alcohol distorts vision, upsets equilibrium, and impairs thinking. When a drinker feels tipsy or drunk, it’s because brain function really has been compromised.

    Public Health

    Several public health issues arise from alcohol consumption. Along with the substantial drunk driving menace, alcohol poisoning is a threat to binge drinkers. Symptoms of possible alcohol poisoning include confusion, slow or irregular breathing, blue skin, and loss of consciouness. An intoxicated person doesn’t have to exhibit all of these symptoms to be suffering from alcohol poisoning.

    Excessive drinking over time increases the probability of associated health problems. An estimated 79,000 US deaths annually are blamed on alcohol. This figure makes alcohol the third largest cause of death in the US due to lifestyle choices. Cardiovascular conditions such as myocardial infarction, hypertension, and atrial fibrillation can be aggravated by alcohol abuse. Other alcohol-related health complications are dementia, neuropathy, stroke, depression, anxiety, cancer, and liver diseases.

    Prohibition

    With so many problems associated with alcohol, it’s no surprise that a movement fueled by a religious revival in the US aimed to ban the sale of alcohol in the early 1900s. After the broad circulation of anti-drinking propaganda in the form of scientific and religious pamphlets, posters, children’s pamphlets, and songs, Prohibition officially began on January 16, 1920. A new constitutional amendment made it illegal to manufacture, transport, or sell alcohol, but wasn’t taken seriously by many prominent citizens.

    Nevertheless, it remained fairly easy to get an illegal drink. Many people kept private stashes of alcohol and were happy to share with friends and guests. Speakeasies and other establishments freely served booze, undermining the law and flouting the Prohibition movement. By 1933, it was apparent Prohibition was doing little to solve the social problems it was meant to address (in fact, it led to increased crime, and the illegal sale of alcohol fueled gang activity), and Prohibition was finally repealed.

    Societal threats are typically met with a public outcry for elimination of the offending element or a cooperative effort to manage possible negative consequences. If Prohibition taught Americans anything, it was that simply forbidding substance abuse doesn’t put a stop to it or solve associated problems. Managing the risks associated with alcohol by educating people about the health dangers of abuse and drunk driving and encouraging greater personal responsibility is the proper path to address the problem.

  • Man Sentenced To 25 Years in Prison for Fatal Utah DUI Crash

     John Bishop is a 37-year-old man from Salt Lake City, Utah, who will spend the next 25 years of his life in prison for his role as driver in a crash that took place on April Fool’s Day of last year. The accident killed a 26-year-old passenger in the car at the time, and injured two others who were in the SUV that Bishop crashed into. According to news reports, Bishop was driving drunk at the time of the accident that occurred in April 2009. He was driving his BMW at speeds exceeding 100 miles per hour on Interstate 80 in Utah when he rear-ended an SUV. The accident caused Bishop’s car to flip over and catch fire. His passenger was ejected from the backseat of the car, and the crash sent the SUV spinning out of control.

    Bishop ultimately pled guilty to one count of second-degree felony automobile homicide and two third-degree felony counts of driving under the influence. In addition to the DUI charges, Bishop is facing additional troubles in terms of a wrongful death lawsuit filed against him by the family of the passenger who was killed in the accident.

    If you are charged with a DUI, regardless of the severity of your crime or any resulting accident, know that you have the right to have a competent, well-experienced attorney on your side. Glen Neeley is a board-certified attorney who is dedicated to his clients’ success, and looks forward to working as your advocate.

    Source: http://www.chron.com/news/article/Man-gets-25-year-prison-term-for-fatal-DUI-crash-2137399.php 

  • Not Supposed to be Illegal to Drive Under the Influence in Utah!

    This article came out today wherein there is going to be a crack down on impaired drivers in the Zion’s Utah area.  Notice the quote from  Zion Superintendent Jock Whitworth on the last line.  “Our message is simple and unwavering – if you are found driving while under the influence, you will be arrested. No exceptions,”  That’s the problem.  It is not illegal to drive under the influence. Cops believe this.  The government wants you to believe this.  The government announces in this article that there are "no exceptions."   REALLY.  The law allows a person to drive while under the influence.  You just cannot drive while under the influence "to the degree you cannot safely operate a vehicle."  Mr. Whitworth forgot that part.  He has no exceptions.  He is going to arrest you no matter what.  It’s just like the big lie the government put on billboards last year…"You Drink, You Drive, You go to Jail."   This is the police attitude, but it is not the law.  If anyone gets arrested for just being "under the influence", please call an experienced DUI Defense Attorney like myself who loves to fight these cases.

  • Get a DUI In Utah for Sleeping in Your Car

     On August 11, 2011, the Utah Court of Appeals affirmed the conviction of a man who did the right thing.  He felt he was too intoxicated to drive safely, so he pulled over and went to sleep.  The Court recited some of the facts as: 

    "On July 27, 2007, at about 2:30 a.m., Officer Salvador Toscano discovered Prawitt asleep in the driver’s seat of a vehicle. The vehicle was legally parked on the side of the road, and Prawitt’s leg was hanging out the window. Toscano determined that Prawitt had actual physical control of the vehicle and was under the influence of alcohol. Toscano then arrested Prawitt for driving under the influence. A subsequent search of Prawitt’s vehicle revealed open beer containers."

    The whole issue was whether Prawitt had actual physical control of the car.  His leg was out the window, the keys were not in the ignition, he was asleep, the car was not running.  The Court looked at common factors in the legal community to determine that the Trial Court made the right decision.

    Applying the Richfield factors to the facts of this case, Prawitt was discovered asleep in the driver’s seat of the vehicle. The vehicle was legally parked on the side of the road, and the motor was not running. Prawitt was the sole occupant of the vehicle. He appeared capable of operating the vehicle, and it appeared to be capable of being driven. No other persons were present, nor did Prawitt claim that anyone had left, and Prawitt indicated to Toscano that he had in fact driven the vehicle to the location where it was discovered.

    Here is the interesting part, the public policy issue.  Under this law of actual physical control, the law actually encourages a person who feels intoxicated to make every attempt to drive home.  If you are found asleep in your vehicle because you did the right thing by pulling off and being safe, you will be charged the same as the guy who was on the road driving drunk.  The law promotes drive drunk, don’t pull off.  The Court in this case recognizes this and seems to not like it one bit.  The Law is the law.

    Although we believe the State satisfied its burden of establishing only probable cause, we note the possible perverse consequence this decision may have of encouraging drunk drivers to hedge their bets against getting caught and keep driving, rather than pull over and “sleep it off” in their vehicles, see Richfield, 790 P.2d at 93. The Richfield court recognized the ”compelling argument that intoxicated drivers should be encouraged to pull off to the side of the road to sleep it off,” but also categorized this consideration as “more appropriately [in] the province of the legislature.”5 Id. While the results in this case and in Richfield may have unintended consequences, we are nonetheless bound by Richfield under the doctrine of horizontal stare decisis.

    Perhaps there should be a lesser crime for a person that is intoxicated in or about a vehicle or a safe harbor exception.

    The case is State v. Prawitt, 2011 Ut App. 261.