The prosecutor’s introduction of the horizontal gaze nystagmus test may present your Salt Lake City DUI lawyer with a good opportunity to suggest to the jury that a variety of innocent reasons may have caused you to fail. The horizontal gaze nystagmus test is notoriously unreliable and presents a multitude of innocuous grounds for failing the test.

In addition, most field sobriety tests have complex steps. Despite this complexity, police officers usually explain the steps only once, and in just a few seconds. You are then expected to follow the instructions perfectly. Rather than a sobriety test, this procedure becomes more like a contest.

When the officer testifies on direct examination about the instructions he or she gave you, your Salt Lake City DUI lawyer might time how long the officer takes to state the instructions. Then, when your lawyer cross-examines the officer, your lawyer can confirm that he or she gave you the instructions the same way and that the instructions took less than 20 seconds.

In closing statements, your Salt Lake City DUI lawyer might argue to the jury how well you did on the field sobriety tests despite the complex instructions being given so quickly. Your attorney could ask the jurors whether they can even remember all the instructions and remind the jurors that they’ve had the benefit of hours, not seconds, in court discussing the field sobriety tests.

If you’ve been arrested for DUI, contact Salt Lake City DUI lawyer James Lee for a free evaluation of your case.

A skilled Salt Lake DUI lawyer will have already set up the point or points that he or she believes can be made at trial.  Further, the lawyer will be able to get the witnesses to make certain acknowledgments at the time of cross-examination, and he or she can ensure that those acknowledgments are consistent with the points that were made during the opening statement, as well as the arguments that are going to be made during closing arguments.

By way of example, let’s assume that your Salt Lake DUI lawyer is cross-examining the arresting police officer.  The attorney might decide to focus primarily on a particular point that was raised during jury selection (such as nervousness and fear when taking DUI-related tests as a reason for declining to take the test) in order to get the relevant concession needed for your case.

The lawyer could ask the officer whether or not he or she asked the individual to participate in such tests, and when the officer answers in the affirmative, the lawyer could then inquire about the officer’s report that clearly notes that the individual appeared to be nervous and agitated.  The fact that the officer noticed and made note of this in his report helps the lawyer demonstrate that, yes, people do get nervous and fearful such that they do not want to take certain balancing and coordination tests, and having such emotions is very reasonable given the circumstances.

If you need an experienced Salt Lake DUI lawyer, please call James Lee for a free consultation.

This report is obviously very important in your DUI case, and your Salt Lake City DUI attorney will need to address the content of the officer’s report. Any inconsistencies in the officer’s description must be noted by your DUI attorney for use in your defense. Especially important are inconsistencies regarding symptoms of intoxication, as they can be used to damage the credibility of the evidence against you. A high breathalyzer result can, for example, be discredited if it is not consistent with the officer’s observed symptoms.

If there is was a videotape made of your arrest, any inconsistencies between it and the officer’s report can further undermine the report’s persuasiveness in court. If the officer had the ability to tape an arrest but chose not to, or if a videotape was made but was destroyed, your DUI attorney may be able to use that fact to introduce doubt to the prosecution’s case.

Successfully fighting DUI charges requires having an experienced Salt Lake City DUI attorney on your side. Call James Lee today for a free initial consultation.

Under the provisions of H.B. 116, an undocumented immigrant may apply for a Guest Worker Permit. The individual seeking the permit must initially pass a criminal background check. If that person entered the country legally, but subsequently did not comply with immigration laws, he or she must pay a $1000.00 fine to Utah. If that person entered the country illegally, the fine shall be $2500.00. Additionally, proof of health insurance must be provided.

In the two-year time period the permit is in effect, the immigrant/applicant must also obtain English language proficiency (at a high school level) and maintain employment. At the conclusion of the two-year period, the immigrant/applicant may either apply for permanent residency or apply for a renewal of the Guest Worker Permit.

There is one major issue. Utah, as a state, cannot address immigration law without the approval of the federal government. The current administration must waive some or all of its sovereignty on immigration issues, as defined in the Supremacy Clause of the United States Constitution, for H.B. 116 to take effect.

This is why the H.B. 116 guidelines are not scheduled to be implemented until 2013 at the earliest. Please contact an experienced Salt Lake City immigration attorney to best understand your rights and responsibilities.

Specifically, officers are required to give the test by first advising suspects to stand with their feet together and their arms down to their sides.  The suspects must then hold that position while the officer provides further instructions and ensures that they fully understand what is to be done.

Then, when the officer tells the suspects to start, they must raise one leg and hold it stiffly approximately six inches from the surface of the ground with their toes pointed forward.  While doing this, the suspects must demonstrate a proper one-legged stance and stare directly at the elevated foot, all while keeping their arms down to their sides and counting one thousand and one, one thousand and two, one thousand and three and so forth until told to stop.

The officer must also ensure that the test lasts for 30 seconds, and the suspects must keep track of the time. If you need a Salt Lake City DUI defense attorney, please call James Lee for a free consultation.

There has been much discussion in the news recently with respect to state laws as they pertain to immigration. For instance, a knowledgeable Salt Lake City DUI attorney can tell you that the laws in Utah now require the police to confirm the immigration status of people who are arrested for felonies and class A misdemeanors, as well as those who are booked and jailed on class B or class C misdemeanors, which may include certain instances of DUI.

You should also note that, in many cases, once you go through a state court proceeding to defend yourself in a criminal matter, and you are either convicted, acquitted or your case is dismissed, you will likely then be placed in the custody of Immigration and Customs Enforcement (ICE). Once in ICE’s custody, there’s a variety of things that could take place. For example, depending on the seriousness of the crime, you could be tried by an immigration court and involuntarily deported; you could be voluntarily deported; or, you could be allowed to stay in the United States. If you have been convicted of a DUI or a related crime, and you need a Salt Lake City DUI attorney who is well-informed in immigration law as well, please call James Lee for a free consultation.

However, in order to qualify for expungement, you must first obtain a Certificate of Eligibility for Expungement which is issued by the Utah State Bureau of Criminal Identification (BCI). A skilled Salt Lake City DUI attorney can assist you with obtaining all of the necessary documentation for the filing of your expungement petition.

In general, if you have been convicted in Utah for a DUI or any other alcohol- or drug-related traffic violation, you may be eligible to have the conviction expunged from your record; however, the waiting period for a DUI expungement is much longer than for most other misdemeanor charges.

While most Utah misdemeanor charges can be expunged after a period ranging from 3-5 years, a misdemeanor DUI charge cannot be expunged until 10 years after you have finished your probation or jail sentence. For assistance with determining whether or not you are eligible for an expungement, please contact Salt Lake City DUI attorney James Lee for a free consultation.

Plea deals typically allow you to plead guilty to a lesser offense, or perhaps to only one or some of the charges in a multi-count indictment, resulting, in either situation, in a lighter sentence than would be possible if convicted at a trial.

Additionally, there are other benefits for you with a successful plea deal. It takes far more time to bring a case to trial than to negotiate and come to a plea deal agreement. This also means higher attorney fees. The bottom line is the quicker the resolution, the less you pay.

A second benefit of a plea deal is having fewer or less serious convictions on your record. Clearly it will be better for your record to have fewer charges rather than more. More importantly, the difference between a misdemeanor conviction and a felony conviction may be significant, especially if you ever face similar charges in the future. Further, a felony conviction may trigger the forfeiture of a professional license, may preclude certain types of future employment and may preclude your ability to own or possess firearms or vote.

The best opportunity for a positive result in your case begins with a consultation with a Salt Lake City DUI attorney. Call today for a free evaluation of your case.

The prosecution may plan to use field sobriety test results, the testimony of witnesses at the scene, and officer’s reports to argue their case. If you have a criminal record, they may want to use this against you. Your DUI attorney will scrutinize each piece of evidence to determine if the state can prove its case beyond a reasonable doubt.

Your Salt Lake City lawyer will also take into account whether the arresting officer had probable cause to stop you. Police generally observe the appearance of a suspect, along with his demeanor. If the suspect is driving erratically, swerving or moving too slow for traffic, this may be a sign of intoxication. If the police report indicates that you did not display any of these signs, this may be a weakness in the state’s case. If you were respectful and clear-minded when talking to the officer, and can recollect the events clearly later, this may also work in your favor. Your lawyer may call into question the BAC reading and say that it is inconsistent with your demeanor.

Your lawyer will also evaluate the strengths and weaknesses of your argument. You may have witnesses that will counter the claims of those called by the state. Finally, your DUI lawyer will consider the penalties you face, and read case law to find statutes that apply.

Your Salt Lake City DUI defense lawyer will decide whether yours is a case where a plea bargain is appropriate, or whether it must be brought to trial. If you do not yet have a lawyer, call the offices of James Lee for a free evaluation.

But why should you plead guilty to any charge if you truly did nothing wrong and violated no laws?

The reality is that there are no guarantees for a defendant facing a criminal trial. The potential penalties for a conviction on the charge you were arrested on are far greater than the consequences of a plea deal that may be negotiated by an experienced Salt Lake City DUI attorney.

It is important to realize the difference between a felony charge and a misdemeanor charge. A felony conviction may involve mandatory prison time, substantial monetary fines and other consequences.

In contrast, should you plead guilty to a lesser charge of a misdemeanor, you may avoid incarceration altogether, and your financial penalties may be minimized.

Additionally, a plea deal allows the matter to be resolved much quicker. If you have a high-profile job, or perhaps are someone whose name is in the news, you may wish to minimize the public exposure such charges will likely bring.

These issues and developing an approach to minimize your liability on the charges you face are best explored through a consultation with a Salt Lake City DUI attorney.