• Can I do anything if I lost my Driver License hearing for a Utah DUI citation?

  • Many people ask me what is a board certified DUI Defense Attorney.  In the above video, I explain the qualifications of becoming a Board Certified DUI Defense Attorney.  Further, the requirements can be found at the National College of DUI Defense Web page.

     

     

     

     

     

  • Judges are finally starting to recognize credibility issues in Trooper Steed’s work.  Judge Cutler in a this written opinion takes note that the Trooper’s testimony lacked credibility in three significant areas.   www.utahduilawblog.com/uploads/file/Steed Cutler ruling.pdf

    First, the judge did not believe that the trooper was just on "traffic enforcement."  She was staking out the place trying to catch the sale of alcohol to underage drinkers.

    Second, he did not believe the trooper in her description of the road construction in the area.

    Third, the judge did not believe the trooper’s description of a technical driving pattern that would constitute the reason for the pull over.

    Judge Faust in this case www.utahduilawblog.com/uploads/file/steed faust ruling.pdf  stated that "the Court is troubled by Trooper Steed’s failure to follow UHP Policies…"

    Further, Judge Page in Davis County two years ago dismissed a case where Trooper Steed’s video was destroyed.

    According to Trooper Steed’s own testimony, she made 400 arrests in 2009 for DUI.  This is reported as being the most in Utah, and reporters believe the most in the nation.  The next closest arrests made by a trooper in Utah was 168.  She is quoted as saying this is a numbers game.  Pull over as many people as you can and at least 1 out of every 10 will be impaired.  It is the same as the tuna fisherman that cast a huge net and sometimes innocent dolphins get caught in the net.  Are the innocent just a casualty of war against DUI?  Many people’s lives are ruined by false arrests.  It costs them money, embarrassment, sleepless nights, and even their jobs.

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    This case is very disturbing. The trooper arrested a man with a disability claiming he was DUI.   In 2009, Trooper Lisa Steed reports she made 400 DUI arrests, more than any other trooper in the nation.   The story states that at first, the Trooper’s Captain supporter this arrest.  However, the UHP Captain called the reporter, Chris Jones,  back for a second interview and admitted that this was a mistake and the man would not be prosecuted. 

    Here is the whole Story.

    Trooper Lisa Steed, is by all accounts, the pride of the Utah Highway Patrol. In 2007 she was named Trooper of the Year by the law enforcement agency,for her remarkable work arresting drivers believed to be under the influence of drugs or alcohol.

    She has been a member of the UHP for 8 years, and in that time she has arrested nearly 800 people for DUI, 2009 was her bellwether year, with 400 DUI arrests, no one in the state, or the country for that matter comes even close.

    Two weeks ago 2 News recieved an Email from Mike Tilt’s daughter. Courtney told us her father, who suffers from Cerebal Palsy, Epilepsy, and other disabilities, was arrested and charged with DUI after failing a field sobriety and, when asked if he took medication for his Epilepsy, was arrested for DUI.

    Tilt, whose left leg is shorter than his other told Steed he would fail the test requring him to put one foot in front of the other, and he did. Steed then asked him for his driver’s licence, when Tilt told her he didn’t have one because he suffers from seizures, Steed placed him in cuffs, "what, are you arresting me?" Tilt asked, "yeah, for DUI," Steed responded.

    Initially Steed’s UHP bosses defended her, telling 2 News that unfortunantly many people do drive under the influence of prescribed medications, and they believed that Mike Tilt was no exception.

    We began to look into the background of Trooper Steed, although she has indeed been lauded for her work pulling drunk and impaired drivers off the road, she has also been chastised. Judge Robert Faust said of her alleged disregard for some UHP policy,that is was "especially troubling." Judge L.G. Cutler said of her testimony in a case before him that Steed’s words, "lacked credibility." Defense attorney Glen Neeley has represented many of the people pulled over by Steed, "she has policy that she is required to follow, and she doesn’t follow them," says Neeley.

    Neeley says in his cases, Steed often fails to conduct field sobriety test in front of the dash cam video that is mounted in her car. That is a UHP policy, it is designed, Neeley says, to protect Steed and the person being questioned. He also says Steed has a goal of pulling over as many people as possible with the goal of making DUI arrests. Neeley is concerned that when you "cast that wide of a net," you are bound to make arrests of people who are not guilty.

    After 2 News began this investigation, the UHP started their own inquiry, and in a remarkable turn of events, called us and asked for a second interview, "is this in line with our overall goal of DUI enforcement? Probably not," says Capt. Mike Rapich, of the UHP, Rapich says after further review they will not ask for charges against Mike.

    when asked, what would happen if they went back and reviewed other DUI arrest by Steed, Rapich said they would find good DUI arrests that conform to prescribed procedure and the law.

    Attorney Neeley says he isn’t sure that is the case, and is concerned that Steed over steps the power she has been granted, "if she’s supposed to protect us from the dregs of society, who is going to protect us from her," asks Neeley.

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    Taser, Should they be used in any old situation?  At first glance, some people are saying the guy should have gotten out of the car.  I’m wondering if this was handled by Trooper Lisa Steed in the best way.  I mean, where is her back up?  Why did this go from him saying I’m not taking  your breath test, to get out of the car.  She gets mad because he would not  take the breath test that is shoved in his face.  He had that right.  He wasn’t hiding anything.  His alcohol level came back at a .03.  Instead, she has to have control and taser’s this guy multiple times.  

    What a horrible situation.  "I want to talk to a lawyer",  "You can’t, I will taser you."  I have had many dealings with this officer.  I have caught her destroying arrest videos in Davis County.  She consistently takes people off the camera so nobody can dispute her investigation.  She has accused people of being on drugs and arresting them; then the toxicology report comes back negative for drugs.  Now the newspapers are investigating her conduct towards the public.  If she is there to protect us, WHO IS GOING TO PROTECT US FROM HER???

  •  Is it worth it to hire an attorney for a DUI?  This is one of the most common questions I get asked.  "I mean really, what can you do for me?  If I’m just going to get convicted anyway, why pay a lawyer?"  My answer is simple, "Yes! You need a lawyer."  No matter how bad your case looks, hire a "competent" lawyer that will not just do for you what you could do for yourself.  Here is three examples of people that asked me that question over the past year, took a chance on me, and got their answer in August of 2010.  

    1.  Citizen pulls out of a store on Hill Air Force Base and does not use his blinker.  The officers pull him over for not signaling.  The police notice slurred speech, odor of alcohol, horrible balance problems, and red blood shot eyes.  He fails all the field sobriety tests and is taken to the station for an intoxilyzer test.  The result was a .13.  He hires me.  We are in Federal Court where many people plead guilty, don’t hire lawyers, and take their blows.  We stood up and said "Not Guilty your honor.  We want a trial."  We first did a suppression hearing.  The government’s case was dismantled because just by doing that hearing we learned the officer was not certified on the intoxilyzer, that the intoxilyzer had not been checked for months, and the officer did not conduct test in an accurate and reliable manner that would ensure the Brac was accurate.  Next we learned that the field tests were conducted by untrained officers and the officer wrote three different reports and reported different clues in each report.  His answer at the end, "Mr. Neeley, it was worth it to fight this case."

     

    2.  A woman was pulled over in Tooele.  The officer smelled alcohol, saw red blood shot eyes, and heard slurred speech.  The woman failed all field sobriety tests according to the officer.   She blew a .10 at the station.   The woman hired another lawyer that told her to take a plea deal to an impaired driving.  She was not comfortable with that and hired me.  I reviewed the video and discovered things were not as the officer reported.  The woman’s license plate light was not out as reported by the officer and she did not do bad on the field tests at all.  We filed a motion to dismiss the case.  The city attorney agreed with my motion and dismissed the case.

     

    3.  Salt Lake City officer arrested this citizen accused for DUI.  He was driving down the road with his rear hatch open.  The citizen pulled over, got out, locked his doors and through the keys in the car and shut the doors.  He said, take me to jail, I have done nothing wrong.  The officer claimed poor balance, slurred speech, red blood shot eyes, relaxed facial tones, and very uncooperative.  The man elected not to take a breath test.  This man’s case went to trial.  Not Guilty by the Jury.

    Is it worth it to hire a lawyer?  Given the potential consequences of 10 years on your record, loss of job, loss of professional licensing, stigma, costs, and harm to reputation; well you will have to decide.  Just because the government says you are guilty, does not make it so.

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    I was reading an article about a case wherein a man is accused of serious robbery type crimes.  An identification of the man was made by several witnesses in Court.  Here is the problem.  Apparently, what happened is a couple of weeks before trial, the prosecutor and officer’s met with the witnesses.  They showed the witnesses the defendant’s photo.  It was not done in a photo line up.  The prosecution showed the witnesses the photos so they could identify him in court.  The judge ruled that the witnesses were tainted from this act by the prosecution because the witnesses were not testifying from their recollection of the incident, they were making an identification based on a photo shown to them.  There are real problems with witness identification.  This seems like the prosecution was trying to get around those problems and ensure an identification.  Is this a prosecution trying to seek justice, or just trying to win a case.  Here is the article.

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