Although we always recommend hiring an attorney for any legal matters, it’s understandable that you may want to resolve your traffic ticket on your own.

Here are a few tips:

1. Pay the ticket.

If it’s too bothersome to go to court, you can pay the fine online or contact the court. Keep in mind that paying the traffic ticket is the same as saying “guilty”; this means that you will get points from the DMV, thereby affecting your insurance.

2. Negotiate with the prosecutor.

While it’s possible that you can charm the prosecutor and get the case dismissed, the more likely outcome is one of two things: amending the charge or receiving a “plea in abeyance” (this is essentially probation with a chance to get the case dismissed).

3. Take it to trial.

If negotiation doesn’t work, you may want to have your day in court. If you’ve got a viable defense, you may want the chance to cross-examine the officer who pulled you over. Keep in mind that trials are difficult and unpredictable, so you may want to hire an attorney at this point.

Book your free consultation with us.

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What are the three field sobriety tests in Utah?

Why do I need a car accident lawyer for my case? Here are 5 reasons

There could be many reasons why you were pulled over in Utah.. What do you do when that happens? Being pulled over doesn’t necessarily mean you’re in serious trouble. Knowing how to respond can help you navigate any situation with more confidence and ease.

Here’s a simple step-by-step guide if you’re pulled over in Utah:

1. Stay calm and pull over safely.

If you are pulled over by the police, it’s important to stay calm and not panic..

First, look for a well-lit, safe place to pull over, such as the right side of the road or a parking lot. Avoid bridges or overpasses as they may be too narrow. Slowly pull to the side, using your turn signal to indicate that you’re stopping. Once you’re stopped, make sure you’re wearing your seatbelt. If it’s nighttime, turn on your interior lights for a better view of your vehicle.

2. Follow the officer’s instructions.

After pulling over, roll your windows down and always keep your hands visible by placing them on the steering wheel. Sudden hand movements or actions may be misinterpreted as a threat by the officer.

During a traffic stop, it’s protocol that the police identify themselves and the agency they represent. Observe the officer’s actions. If you’re unsure of your safety, call 911 immediately.

Once the officer has verified their identity, ask them politely if there’s probable cause for the stop. If the officer can’t provide you with an answer or prohibits you from asking more questions, then you may want to contact an attorney. Inform them you will be calling a lawyer for assistance. In the meantime, respectfully comply with the officer’s instructions.

3. Provide the necessary documents.

In Utah, drivers are required to provide certain documents when pulled over by the police. This includes your valid driver’s license, registration, and proof of insurance. When the officer asks for these documents, provide them promptly. These are the only legal documents you must present.

It’s best to have these documents at arm’s reach. If they are in your glove compartment or anywhere else in your vehicle, ask the officer first if you have permission to retrieve them.

4. Be polite and cooperative.

During the interaction, it’s best to remain polite and cooperative with the officer. Being argumentative or confrontational is unlikely to result in a positive outcome. It could even lead to criminal charges.

5. Know your rights.

If you’re pulled over, but not arrested, you still have the right to remain silent so as not to incriminate yourself. You can advise the officer that you’re invoking your Fifth Amendment right. Avoid talking too much or providing misleading or incorrect information.

You have no obligation to answer their questions, even about your immigration status. If you don’t have US citizenship, remember to bring your immigration papers with you everywhere you go.

Furthermore, it’s important to be aware that you have the right to refuse a search of your vehicle without a warrant. You can politely and firmly state that you do not consent to a search. However, in certain circumstances, officers may still conduct a search. That is, if they have probable cause or reasonable suspicion to do so, such as if they observe evidence of illegal activity.

6. Stay in the vehicle.

You can only leave your vehicle once the police ask you to do so. On the one hand, getting out of the vehicle without permission could be seen as a safety risk. If you’re not under arrest, ask if you can leave. If you are being placed under arrest, the officer must immediately inform you of the charges against you.

7. Take note of the details.

Don’t forget to take note of important details during the traffic stop, such as the officer’s name, badge number, and patrol car number. Keeping such details can be helpful for any potential disputes or legal matters that may arise later.

8. Follow-up as necessary.

If you receive a citation or have concerns about the traffic stop, you have the right to follow up with the appropriate authorities. This is where the information you jotted down earlier can come in handy. Also, ask the authorities how you can contest a citation or file a complaint, if necessary.

Frequently Asked Questions (FAQs)

Talk to our lawyers at Liberty Law.

If you ever get pulled over in Utah, it’s important to be prepared. By knowing how to respond confidently and respectfully, you can make the situation much easier to navigate.

Call Liberty Law at (801) 264-6666 for a free consultation. We’re available 24/7.

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Touching the nose, counting, or reciting the alphabet backwards. Although you may have seen them performed on TV, these are not valid field sobriety tests in Utah. There are three field sobriety tests a Utah police officer may conduct when suspecting a DUI—three standardized field sobriety tests adopted by the National Highway Traffic Safety Administration (NHTSA), and the portable breathalyzer test (PBT).

What are the types of field sobriety tests?

The three tests adopted by the NHTSA help determine if you have the balance, coordination, and ability to divide attention among several tasks, making them a valid or reliable basis for DUI cases by law enforcement officers or prosecutors.

If you are deemed unfit to drive after proper administration of these sobriety tests, the police officer may require you to take a chemical test. Such test(s) determine whether you are driving under the influence or not.

Remember: You’re not required to take any of these field sobriety tests because Utah’s implied consent law only applies to chemical tests—breath, blood, and urine—after you are arrested. Police officers cannot “test out” their suspicions that you are impaired using field sobriety tests if you do not give them permission.

1. The Horizontal Gaze Nystagmus Test

You may have seen this type of test used in DUI cases in movies. The officer will instruct you to move your eyes from one side to the other while holding a pen or using a finger as a guide. Normally, when a person moves their eyes from left to right, there is a smooth flow of sight. However, if there is involuntary jerking, bouncing, or skipping of your eyes, rather than a smooth flow from left to right, the officer may suspect that you are driving while impaired.

You may be wondering: Is any failure on the test sufficient to conclude that you’re impaired? No.

That’s why it’s critical that this type of test is administered or performed correctly, or it may be deemed invalid. Possible defenses to a failed test include if the officer skipped parts of the test; if you have a physical or neurological condition (such as eye nystagmus) that could affect your test results; or if your surroundings, such as police car’s flashing lights, could have interfered with the test results.

2. The Nine Step Walk and Turn Test

This test is also a kind of “divided attention test,” or a mental and physical exercise. The police officer may ask you to count out loud while taking nine steps in a straight line, heel to toe, then turn around and take nine steps in the opposite direction.

Failures on this test can include walking before the officer tells you to start, not touching heel to toe on every step, correcting your balance, or counting incorrectly. The officer can use these failures to decide you are driving under the influence.

However, many factors can influence your test results. These factors may include an officer’s failure to give straightforward instructions; your attention to the test; poorly fitting shoes; and other health conditions such as poor eyesight, balance, and attention or mental disorders.

3. The One Leg Stand Test

This is also a divided attention test, wherein you must balance and count at the same time. The police officer may ask you to hold one foot 6 inches off the ground while counting out loud by 1000. This will go on for thirty seconds. If you are unable to hold your balance (for example, by swaying or putting your foot down) or if you miscount, the officer may suspect that you are intoxicated.

Again, there could be problems with the results. It’s always best to consider a failure to balance could be caused by a health condition, such as back, foot, or leg injuries, or the body’s natural tendency to sway when balancing on one foot.

4. The Portable Breathalyzer Test (PBT)

This test estimates your BAC by measuring the amount of alcohol on your breath. It is a hand-held mobile breathalyzer—a smaller, simpler version of the larger instruments used at police stations to determine intoxication levels. Their results can be variable, depending on the accuracy of the individual unit and the officer’s ability to use the PBT correctly.

How are field sobriety tests used in Utah?

If a police officer pulls you over and notices slurred speech, bloodshot eyes, or other behaviors that indicate driving under the influence, they may ask you to take any of these field sobriety tests. If you are aware of any injuries or other reasons why you might fail these tests, you may refuse to consent to any field sobriety test. Not until you are placed under arrest for a DUI can the officer require you to submit to a chemical test to determine the level of drugs or alcohol, if any, in your system.

Get a DUI lawyer from Liberty Law

If you are charged with a DUI, contact an experienced defense attorney right away to help you. Liberty Law’s attorneys have a proven track record of DUI dismissals and not guilty verdicts. Reach out to us at james@utahlibertylaw.com or visit any of our offices for free consultation.

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Not every criminal case goes through the process of a lengthy trial. Defendants often resolve their case through a plea bargaining agreement.

Let’s look into the plea bargain process in Utah, when it is available, and its pros and cons on sentencing.

What is a plea bargaining?

A plea bargain or “plea offer,” is the negotiation between the prosecution and the defendant in a criminal case. The defendant, through their counsel, offers to plead guilty in exchange for a lesser charge, reduced fine, lighter sentence, or probation and/or dismissal.

Let’s say you’re charged with possession of methamphetamine, a Schedule II controlled substance. This is a third-degree felony under Utah Controlled Substances Act. You can go to trial, and if found guilty of this charge, you will face a 10-year prison sentence, a $5,000 fine, or both.

In the alternative, you can reach a plea deal with the prosecutor. For example, you can plead guilty to a lesser offense, like possession of drug paraphernalia, which is a Class B misdemeanor. Here, you face a maximum sentence of six (6) months in prison and a maximum fine of $1,000, compared to your supposed initial sentence of 10 years in prison and a $5,000 fine. You could also enter into a plea in abeyance, where you provisionally plead guilty. The court will not enter your guilty plea on the record but wait until you complete a probationary period. If you don’t get additional criminal charges during that period and pay a fine, the court will dismiss your original charge and close the case.

Put simply, plea bargaining is an attempt to get a reduced sentence or smaller fine. If you have a knowledgeable and experienced lawyer on your side, they can help you decide whether to accept or reject a plea offer. In some cases, a felony charge can even be reduced to a misdemeanor charge with a probationary period.

The pros and cons of plea bargaining

Choosing to plea bargain can be appealing for many different reasons, but it’s important to know both the pros and cons of this process. Here is a table of possible advantages and disadvantages to a plea bargain:

The advantages or disadvantages of any plea bargain must be determined on a case-by-case basis. You may have previous charges or convictions that could influence the judge to turn down your plea. There are also serious charges that carry mandatory prison time or a fine, which means a judge cannot permit you to plead to a lesser sentence.

Talk to our lawyers at Liberty Law

It’s best to consult your lawyer before you make a decision. Your lawyer will determine if a plea bargaining agreement is the best option for you or if taking your case to court is a better decision. Remember that the burden to prove your guilt is on the prosecution, so it may be worth the risk to take your case to court.

Help yourself by hiring a lawyer who can argue your case, discuss your options, and work hard to get you a fair plea offer. Contact us today at 801-264-6666 for a free evaluation of your case.

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If you watched the Heard-Depp defamation trial, you might have found the heated arguments and “hearsays” between the lawyers funny. But have you ever wondered what “hearsay” or “hearsay evidence” means while chuckling at the drama?

Why do lawyers raise these objections, and what makes a statement “hearsay evidence”?

In this article, we’ll answer all these questions. But first, let’s define what hearsay is.

What is hearsay?

A statement being hearsay evidence is one of the most common trial objections.

Under Utah Rule of Civil Procedure 801(c), “hearsay” means a statement that: (1) the declarant does not make while testifying at the current trial or hearing; and (2) a party offers evidence to prove the truth of the matter asserted in the statement.”

Here’s an example:

The fact in question is whether Jenny’s father beat her mother, and you are called a witness to the case.

“Jenny told me that her father beat her mother all night.”

When you say this in court, this warrants an “Objection, hearsay!” from the opposing counsel.

Why?

The testimony you’re offering is to prove the fact that Jenny’s father did beat her mother, which is only second-hand information you obtained from Jenny. Clearly, you’re not a witness to the beating, but a mere reporter of the said information. You’re testifying about what Jenny said, not what Jenny saw.

To put it simply, hearsay evidence is a statement, in verbal or written form, produced or made out of court, offered into evidence by someone other than the declarant themselves.

Now, if this is hearsay, then…

When is a statement admissible evidence?

If it’s Jenny who testifies that her father beat her mother all night, then it’s not hearsay but admissible evidence. It’s also admissible if Jenny’s mother testifies that Jenny’s father beat her.

So, what’s the difference between hearsay and admissible evidence?

You see, Jenny could be an observer or a witness. Meanwhile, Jenny’s mother is a party to the case, which makes her testimony admissible evidence, too.

Therefore, to find out the credibility of Jenny’s testimony and her mother’s allegations, they must testify in court. Their first-hand account of the events is the most reliable form of evidence, as their statements can only be verified by themselves. To consider the reliability of their testimonies, it is necessary that they undergo cross-examination to reveal any inaccuracies or inconsistencies. Such things can’t be done if you’re speaking for someone else.

In other words, it’s only hearsay evidence when someone testifies on another person’s statement to make a point—a classic “he said” or “she said.” For example, if you were to only testify that Jenny spoke with you that night, it may be acceptable non-hearsay because your statement is not being used to prove the assertion that Jenny’s father beat her mother.

Whether it’s a question leading to hearsay or an answer leading to hearsay, it can easily be called out as hearsay evidence. This can be a little confusing, even to lawyers who’ve been around for a while.

If you’re in trouble for this kind of violent crime, you need to hire lawyers who have a lot of experience with domestic violence cases. They will know which statements may hurt your case and which should be objected to as hearsay evidence.

Now, why is it important to object to hearsay evidence?

Imagine if all crimes had witnesses testifying about something they only heard. It would be a circus if parties could use witnesses attesting to second-hand accounts and not personal experience!

Letting unreliable hearsay statements be used as proof can make it difficult for the jury to figure out which version of events is the most accurate.

That’s why there are laws that say witnesses can only testify to what they have seen, heard, or otherwise experienced for themselves.

Are there exceptions to the hearsay rule?

Of course, there are exceptions to the rule. Here are a few:

• Party admission – when the party admits about the happening even before the lawsuit was made
• Excited utterance – a statement made while under the stress or duress of an event
• Medical diagnosis or treatment – a statement you made to a doctor to seek treatment
• Unavailable declarant – either the declarant is dead, prohibited or mentally unable to testify, or cannot be located
• Public record – records in public domain like birth certificates, marriage certificates, church records, etc.

Final thoughts on hearsay evidence

Now that we’ve laid down the basics of hearsay, you can see why it’s vital to have the assistance of experienced defense lawyers to detect and avoid using hearsay evidence in court.

Here at Utah Liberty Law, we can help you fight the charges of violent crimes. Get a criminal defense lawyer who will protect your rights. Contact us for a free consultation. You can reach us 24/7.

Generally, it’s illegal to drive under the influence of alcohol and drugs.

But do you know that “drugs” under these laws refer to legal drugs as well?

Let’s discuss why driving with prescription drugs in your system can be illegal and how you can stay safe and avoid DUI charges.

Why is driving with prescription drugs illegal in Utah?

If a police officer stops you because you drove too slowly, too quickly, or in an unusual manner, you’re looking at a possible DUI arrest!

Can you possibly be charged just by driving slowly or differently? The answer is yes!

When an officer asks you to pull over, you must stop your vehicle right away, as failure to respond to such a request is a felony.

Then, the police officer observes and evaluates your condition.

If the officer has “probable cause” to believe you are driving with prescription drugs, illegal ones, or alcohol, such as slurred speech or an inability to hold eye contact, the officer may arrest you. Once you’re under arrest, Utah law requires you to take a chemical test of your blood, saliva or urine to determine your Blood Alcohol Content. A BAC of 0.05% or higher will lead to a DUI charge.

If you refuse these tests, your license is automatically suspended. You receive a temporary permit for 29 days, and must go to a hearing to challenge the suspension.

Now, if you tested positive for barbiturates, cannabinoids, narcotic analgesics, opioids, and other legal drugs and disclosed that you’re currently taking prescription drugs, will the police officer let you go?

Unfortunately, no, for two reasons:

1. You have metabolites or an amount/level of drugs in your blood, and
2. You are driving.

Saying that you’re on a prescription doesn’t give you permission to drive a vehicle, especially if the drug affects your ability to drive safely.

Common side effects of prescription drugs

Let’s say you’re having trouble sleeping, and you take an Ambien. This drug may have side effects such as nausea, vomiting, dizziness, and drowsiness in the morning, which can cause you to suddenly fall asleep while driving. If an officer believes this drug has made you incapable of safely operating your vehicle, you will be arrested for a DUI.

Delayed reflexes, poor motor skills and judgment, difficult or labored breathing, changes in heartbeat, hallucinations, shivering, and muscle stiffness may be caused by the following prescription drugs:

• Hydrocodone
• Oxycodone
• Percocet
• Zoloft
• Cold/cough syrup
• Antihistamines/Decongestants

If your driving is impaired by these or other drugs, prescribed or not, it can result in a DUI charge.

In such a situation, it’s crucial to have a lawyer who can help you form your defense. For a free consultation, you can reach us at 801-264-6666.

State laws and regulations on impaired driving with prescription drugs

Utah’s Traffic Code 41-6a-502 states that you must not operate a vehicle while under the influence of prescription drugs.

If this is your first offense, you can be convicted of a Class B misdemeanor, which will incur a fine of up to $1,000, and spend up to 6 months in jail.

Driving with prescription drugs a passenger under 16 is a Class A misdemeanor and can result in a maximum one-year sentence and $2,500 fine.

Meanwhile, causing an accident for another can be classified as a third-degree felony and carries up to five years in jail and a $5,000 fine.

These charges are not absolute. Other factors that contribute to the severity of your penalties are:

• Past drug convictions
• Use or possession of firearms
• Rehabilitation efforts
• Involvement of minors or minors in the vehicle
• Type of prescription drug(s) involved

In some cases of Class B or C misdemeanors, you have the option of performing compensatory service instead of paying fines, while other charges can result in license suspension.

How can you stay safe and avoid being charged with impaired driving with prescription drugs?

Talking to your doctor about your medicines

Here’s the thing you need to remember: Even over-the-counter (OTC) drugs like antihistamines or decongestants can be mind-altering and affect your driving.

That’s why you might want to discuss the side effects of your prescription medicine with your physician or pharmacist. You can also discuss the potential interactions between the drugs you’re taking and other substances. This is to ensure you’re letting yourself take control of the wheel safely.

Understanding the effects of different prescription drugs

Of course, read the label of your medicines. OTC drugs, including herbal supplements and cold medicines, can also have side effects you’re not aware of.

If the information you’re looking for is not available in the packet or box, research the side effects. Fortunately, any information that you might need is also available online. Some medicines may also prohibit you from operating heavy machinery or driving a motor vehicle until you know how your body will react to it.

Why do you need lawyers from Liberty Law?

This is where the assistance of a lawyer from Liberty Law becomes crucial. Our team can provide support in constructing a strong defense strategy to demonstrate that the consumption of the prescription drug did not affect your driving abilities.

If you want us to help reduce or drop the charges against you if you’re driving with prescription drugs, you may:

• Reach out to us via email james@utahlibertylaw.com;
• Drop us a visit in any of our offices; or
• Call us at 801-264-6666.

We’re available 24/7!

Funny thing—Mr. Brenner hadn’t had anything to drink that day. Because of medications he was taking, he couldn’t drink. Mr. Brenner had broken his hip and ankle in a life-changing motorcycle accident 7 months earlier. After major reconstructive surgery, he was placed on a pain management regimen of oxycodone. He took his daily dose that morning. Later, he picked up a friend and stopped in the local Maverick to fill up on gas and to pick up a snack. While he was waiting in line, a deputy sheriff started chatting with Mr. Brenner, and asked if he would be drinking that night. Mr. Brenner quickly told him “no” and that his medication prevented him from drinking any alcohol. After a few moments, the Deputy said goodbye.

The Deputy then got into his patrol car and watched Mr. Brenner fill up on gas and drive out of the parking lot. As soon as he did so, the Deputy flipped on his lights and pulled the young man over. Mr. Brenner had driven only 30 yards, without swerving or any erratic driving.

Confused, Mr. Brenner turned off the car, and the Deputy conducted field sobriety tests on him. Mr. Brenner did as well as he could—but had just had multiple plates and screws put in his hip and ankle. Putting pressure on these areas caused him terrible pain. He awkwardly motioned to his injured areas, telling the Deputy he wasn’t able to properly do a walk-the-line or one-legged stand. The Deputy did not note this in his police report, but concluded Mr. Brenner had failed the field sobriety tests, and booked him for driving under the influence.

What happened?

Under Utah law, individuals can be charged with driving under the influence of prescription drugs if they (1) have the drug in their system, (2) present a “bad driving pattern”, and (3) fail field sobriety tests administered by the officer.

Looking back. After speaking with Mr. Brenner in the checkout line, the Deputy knew Mr. Brenner had taken oxycodone that day. During his conversation with the Deputy, Mr. Brenner was clearly not impaired. The Deputy did not have enough to charge him with a crime then.

But the subjective guidelines for charging someone DUI might allow the Deputy to get sufficient evidence—if Mr. Brenner were driving a vehicle. So rather than stop Mr. Brenner from driving, the Deputy waited until Mr. Brenner got back in his car to drive again.

Why would the officer do this? If Mr. Brenner was not impaired, how could the officer arrest him?

These facts would only come out at trial, on March 26, 2014. On cross-examination, defense attorney James Lee questioned the Deputy for over an hour, grilling him on just these points: Had Mr. Brenner seemed under the influence in the gas station? If so, why hadn’t the Deputy stopped Mr. Brenner before he drove? What erratic driving had he observed? Had the Deputy properly performed the field sobriety tests?

The Deputy admitted that he did not have enough evidence of impairment before Mr. Brenner got back in his car. When Attorney Lee showed the Deputy his dash cam video from the traffic stop, the Deputy was unable to point out any erratic driving patterns by Mr. Brenner. In addition, although the Deputy had failed to note Mr. Brenner’s injuries in his report, the video clearly showed Mr. Brenner pointing to his hip and ankle multiple times during the field sobriety tests; the Deputy was forced to admit Mr. Brenner had told him about these injuries. Moreover, the Deputy said he had not taken these injuries into account when administering the field sobriety tests.

Then more surprising evidence came to light; the Deputy was in fact a Drug Recognition Expert, specially trained to evaluate drivers who are impaired by drugs, as opposed to alcohol. Attorney Lee quickly countered with another line of questioning: Why had he not taken the extra steps to confirm impairment due to drugs? Why hadn’t he checked for pulse and heartbeat, asked follow-up questions, etc.? The Deputy admitted that he ended his investigation early to catch more potential DUI suspects. These actions by the Deputy, concluded Attorney Lee during closing arguments, violated the Drug Recognition Expert guidelines, which recommend extra measures to ensure that a driver is, in fact, impaired due to drugs.

After two and a half hours of deliberation, the jury came back with a verdict—Not Guilty. For Mr. Brenner, who had been wrongfully accused of the crime, the jury’s decision gave him both freedom and vindication.

Liberty Law, PLLC is a Utah law firm with locations in Salt Lake City, Clinton and American Fork, specializing in Personal Injury and Criminal Defense. The firm has represented clients in cases involving wrongful death, homicide, and various misdemeanors and felonies. See their case results on www.utahlibertylaw.com.

http://publicsafety.utah.gov/bci/crimestatistics.html

In 2010, the ACLU issued a report on Utah public defenders that said the state was failing to provide defendants with adequate representation.

“Threadbare budgets” and large caseloads

A recent Salt Lake Tribune Article stated that most counties in Utah employ a contract system method for public defense. According to the article, “this system is widely regarded as the ‘least effective and most problematic method of public defense.’”

Rather than use a public defender’s office, the county gives contracts to private attorneys, to take on low-income clients. This contract is often awarded on a bidding system—and these contracts are usually awarded to the lowest bidder, regardless of experience. There is no limit to how many clients these attorneys will need to represent.

As cited in the article, according to Ken Hart, executive director of the Utah Association of Criminal Defense, “‘[t]his provides a disincentive for attorneys to fight hard on behalf of their indigent clients.’”

An individual who must use a public defender faces several disadvantages:

1. Public defenders are not compensated for anything other than your basic representation, so they do not have incentive to come visit you in jail, to hire expert witnesses, or acquire expert witnesses to testify in your case.
2. Public defenders receive a “fixed” rate for all cases they will take that year—this makes it difficult to dedicate a lot of time and attention to your case, because they often have so many other cases to deal with.
3. Under the public defender system, your attorney will not represent you on related civil or administrative matters such as a suspended license hearing.

Even in counties where there are public defender offices, attorneys will face large workloads and limited time. In order to help these attorneys manage their caseloads, these counties may also sub-contract legal work to private attorneys, also using a bidding system.

This can seriously affect how your case is resolved. In 2007, The New York Times published a study that found the average sentence for public defender clients was almost three years longer than the sentences of individuals who had hired private attorneys.

The Advantages of Hiring a Private Attorney

As private attorneys, we control the number of cases we take, so we can give your case specialized attention. We have worked for many years with the State Attorney’s Office in Utah, Salt Lake, Wasatch, Duchesne, Carbon and other counties, and can work to make sure your side of the story is told and that you are well represented in Court. We can attend to civil or administrative matters, such as hearings regarding your suspended or revoked driver’s license. Lastly, we pride ourselves on having satisfied clients, so we will work diligently to achieve the best resolution for you

Contact us for a free case evaluation today: 801-264-6666.

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.

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.

If the prosecutor is furiously scribbling notes, it may be because there’s something unique about your case. Your attorney will probably be able to figure out whether it’s good or bad news for your case at the next pretrial hearing. The prosecutor’s attitude and the character of his or her comments at the next hearing will often be based on the notes from the previous proceeding. If the prosecutor takes an aggressive stand, it’s possible that the notes indicate that the prosecution believes it has a strong case. A more mild approach may indicate that the prosecution feels it has some weaknesses.

Take Advantage of New Prosecutors Still Under Probation

If you’re up against a new DUI prosecutor who is still on probation, you may have a special chance to settle your case. New prosecutors still on probation are often assessed based on how many trials they win and lose. If a new prosecutor “needs” to win a few cases, and your case is not a prosecution slam dunk, the prosecutor may be very motivated to settle your case.

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

Depending on the facts and evidence of the case, the subject of a plea bargain may or may not come up at the meeting with the prosecutor. Plea bargains involve the negotiation of deals between attorneys and prosecutors. More specifically, a plea bargain means that you essentially agree to either plead guilty to a lesser charge or you agree to have your attorney and prosecutor mitigate the penalties.

Skillful attorneys are often able to negotiate a plea to a lesser charge, as many cases are resolved before they even make it to trial. That is why it is very important that you have an attorney working on your behalf because attempting to get your DUI changed to a lesser charge on your own is next to impossible. While plea bargains are advantageous to many people accused of a DUI, you should be mindful that pleading to a lesser charge will still count as a “prior” for the purposes of calculating penalties for any future offenses.

If you need a Salt Lake City DUI attorney, please call James Lee for a free consultation.

Regardless of whether you have legal status in theUSor not, it is recommended that you hire aUtahcriminal defense attorney who is also familiar with immigration law. If, as a result of your arrest, you have been held in jail, it is highly probable that you will have to go in front of an immigration judge shortly thereafter.

So many undocumented immigrants think that once they have been arrested, they will automatically be deported; however, this is simply not true, especially when dealing with a misdemeanor, such as a DUI. That is why if you have been arrested for a crime, such as a DUI, it is important that you have a knowledgeableSalt Lake Citycriminal attorney who knows immigration law as well.

The main thing that you should remember once you’ve been arrested is that you are not required to speak to the police. Even though you are not aUScitizen, the Constitution still protects you from self-incrimination. All you need to do is advise the police that you will not answer any questions until you have an attorney present. If you need a Salt Lake City criminal attorney who is experienced in immigration law as well, please call James Lee for a free consultation.