You can fail a field sobriety test for a variety of reasons, even if you are not legally intoxicated. Field sobriety tests are difficult. And if you’re tired, uncoordinated, and anxious, you may not pass The prosecutor’s introduction of the horizontal gaze nystagmus test may present your Salt Lake City [...]
Cross-Examination in DUI Cases
With respect to the cross-examination phase of DUI hearings, an experienced Salt Lake DUI lawyer will generally already have a plan in mind that will be consistent with his or her presentation that was made during the opening statement. Cross-examinations have a specific function and all witnesses can be cross-examined [...]
DUI Cases and the Arresting Officer’s Description of You
If you were arrested for driving under the influence inSalt Lake City, the law enforcement officer making the arrest most likely took extensive notes about how you appeared at the time of the arrest. Often, he will fill out a form called an Alcohol Influence Report, where he records his [...]
WHAT IS THE NEW WORKER PERMIT LAW IN UTAH?
Utah has taken a controversial step in addressing the illegal immigration issue. With the passage of H.B. 116, the state has provided a path to legal residency to those illegal immigrants either living or working in Utah. Under the provisions of H.B. 116, an undocumented immigrant may apply for [...]
The Administration of the One-Leg Stand Test
The one-leg-stand test is one in which a suspect is required to stand on one leg while placing the other leg out in front of him or her. The police officer must give the test in a certain manner for it to be valid. Thus, if you believe that you [...]
How Can a Criminal Conviction Affect Your Immigration Status?
According to the law, a conviction for crimes, such as fraud, theft, certain drug crimes, rape or assault, can be grounds for deportation. Moreover, for certain crimes, you can be permanently barred from entering the US in the future. Whether you are an undocumented person or a permanent legal resident, [...]
Can My DUI Record Be Expunged?
“Expungement” is a term that can mean different things in different court systems, but in general terms, it refers to the sealing and destruction of arrest and/or conviction information. Normally in the state of Utah, you can begin the process of getting a DUI record expunged by filing the appropriate [...]
How Will a Plea Deal Benefit Me?
Plea deals are a process by which you and your Salt Lake City DUI attorney work out a satisfactory resolution of your case with the prosecutor, subject to the court’s approval, without the necessity of a trial. Plea deals typically allow you to plead guilty to a lesser offense, or [...]
The Initial Evaluation of Your DUI Case
The first order of business for your Salt Lake City DUI defense lawyer is to evaluate all the elements of your case. Strengths and weaknesses will be taken into consideration, after which a defense strategy can be mapped out. The prosecution may plan to use field sobriety test results, the [...]
What If I Am Innocent?
As an accused defendant, a plea deal means you will plead guilty to a criminal charge. Likely you will plead guilty to a lesser charge than originally filed by the prosecutor, or maybe some charge or charges will be dropped. But why should you plead guilty to any charge if [...]