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Things are not always Black and White in Criminal Law
This women is being charged with multiple first degree felony rape charges. Today was her preliminary hearing. My partner, Rich Gallegos, is defending her. He asked me to sit with him at the defense table for support and for a second pair of eyes. He was masterful. The headlines for months read "Teacher had sex…
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Utah DUI’s and Suppression Hearings
Many times, after being hired, I get the reports, the video, and any other evidence I can gather. I then look at that evidence to determine if there is a way to get the case dismissed as quickly as possible without going to trial. If I see an issue, I file a motion to suppress…
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Another Utah DUI Blitz–Arresting people that are Not Guilty
I saw this article published by the Standard Examiner. The story is about looking for DUI drivers during the month of December. Contrary to popular police belief, December and the holidays, is not the most dangerous months according to the article. In fact the article says "December ranked seventh of all months for the most…
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Utah ranks as one of the “best” in low percentage of drunk-related deaths!
Here is an article about South Carolina, which ranks as one of the worst for percentages of drunk-related deaths. However, Utah ranks as one of the best in the nation. The article states: –In the U.S., someone is killed in an alcohol-related accident about every 30 minutes. –Roughly one-third of all drivers arrested or convicted…
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Utah DUI Solutions
I like this article written by Janice Kopaunik. She seems to be looking for a solution to the problem, not just complaining about it. She makes some really good observations. Does heavier punishments work? If you have been drinking, do you really rationalize the stiff punishments and fines? "Punitive laws will do little to stop…
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Utah DUI Saturation Patrols.
You don’t see to many sobriety check points in Utah anymore. The constitutionality of the checkpoints have been brought into question and outlawed in many states. The procedure involves directing traffic off the road and checking the drivers for alcohol. Now what the officers do to get around constitutionality problems, is do saturation patrols. A…
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UHP draw blood for Utah DUI Arrests!
I have had several cases in Farmington, Utah, where the officer will draw blood from the arrested person rather than take him or her to get a breath test. Is this really a good idea? I mean, police drawing blood on the side of the road doesn’t seem sanitary. The police are there collecting evidence. …
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Intoxilyzer Breath Guesser Manufacturer is in Contempt
On August 12, 2007, I wrote a little bit about the Source Code that the manufacturer is refusing to let anyone see. A Defendant has a right to see and challenge the evidence against him or her. This issue is being heavily litigated in Florida. Apparently, CMI Inc., the manufacturer, said we are…
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Intoxilyzer Source Code
Many times, clients ask me how the intoxilyzer determines their blood alcohol content. I try to explain the mechanics of it, the theory of it, and the science of it. The problem is that the manufacturer of the machine, CMI Inc., will not release the source code of the software in the machine. For all we know, the…
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Utah DUI Lawyer–What to Look For in an Attorney?
People often ask me what to look for when hiring a lawyer to defend their DUI. Generally speaking, there are six things that a person should see in a lawyer. Look for a specialist, someone who focuses on your type of case, and someone who has experienced and is trained in this area of the law. It has…
Law Office of Glen Neeley 