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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In 2021, there were 61, 406 car accidents in Utah. Often, these are life-changing events that leave victims struggling to recover physically, emotionally, and financially. If your accident was caused by another person’s recklessness, you may be entitled to compensation by that person for your damages. You may wonder if hiring an attorney is necessary. However, even if you believe your case is simple or easy, there are several reasons why it is important to have a car accident lawyer represent you in your case:

1. Attorneys have more knowledge and experience

In your car accident case, you need a lawyer who specializes in accident cases. Look for someone with at least 10 years of experience who can answer all your questions and explain the legal process to you.

A car accident lawyer will know how to handle your case well because they have the knowledge and experience to do so. Insurance companies might try to blame you or offer you a low settlement, but a car accident lawyer can help you get the compensation you deserve.

If you’re not sure about your case, Liberty Law offers a free consultation with no obligation. Talk to one of our experienced car accident lawyers to figure out the best course of action for your situation.

2. Attorneys can evaluate damages.

In some situations, you may need a lawyer to help you with your car accident case. This is especially true if:

1. It involves injuries (specific injuries with damages more than $3,000, ranging from dismemberment, permanent disfigurement, death, and permanent impairment), which may require prolonged medical attention;
2. You’re unsure about how serious your injuries are;
3. You received a low settlement offer.
4. You’re suffering from financial stress;
5. Your initial treatment isn’t working; or
6. You’ve missed work as a result of the accident.

It’s important to understand that handling the financial matters alone after a car accident, especially if you’re not at fault, can be difficult. That’s why an experienced car accident lawyer can be extremely helpful. They can effectively assess the damages and work hard to hold the at-fault party’s insurance company accountable for the full long-term cost of your medical treatment.

Certainly, an attorney can help you accurately evaluate the damages that you have suffered because of the car accident. This includes consideration of medical expenses, lost wages, pain and suffering, reimbursement for repairs, wrongful death damages, and any other expenses related to the accident.

By working with an experienced lawyer, you can ensure that you receive the compensation you deserve for your injuries and losses, even for the injuries that didn’t seem apparent during the accident. So don’t hesitate to seek legal help to get the best possible outcome for your case.

3. Attorneys have negotiation skills.

It’s common knowledge that insurance companies will try to offer you the lowest settlement. Attorneys are skilled negotiators who specialize in dealing with insurance companies. They have the ability to secure the best possible settlement for you that is legally acceptable.

Aside from helping you navigate the complex legal system, attorneys know the tactics used by insurance companies, can counter these tactics, and can effectively negotiate on your behalf to get you the compensation you deserve. Don’t underestimate the importance of having a skilled negotiator on your side when it comes to getting the best possible outcome for your case.

4. Attorneys can represent you in court.

Meanwhile, an attorney can speak up for you in court by presenting evidence and making arguments on your behalf. They can also cross-examine witnesses to strengthen your case. For all these reasons, it’s important to have an attorney represent you.

Self-representation in court can be risky if you don’t know your way around the legal system or don’t have enough knowledge. On the other hand, a car accident lawyer has years of experience with these cases and can give you helpful advice throughout the whole process.

Filing a car accident case without an attorney representing you can be a costly mistake. You’ll have to file the necessary documents, keep up with court deadlines, and pay court fees. You risk losing your case and missing out on the compensation you deserve by trying to handle the case alone.

5. Attorneys can give you peace of mind.

One of the biggest benefits of having an attorney handle your car accident case is that you can focus on your recovery while they take care of the legal aspects of your case. This can be a huge weight off your shoulders during a difficult and stressful time.

Besides, a car accident attorney can take your case seriously and work to build a strong case on your behalf. They can obtain the police report, talk to witnesses and collect evidence, use expert testimony and accident reconstruction specialists, talk to your doctor, and get your most recent medical records.

Essentially, hiring an attorney for your car accident case can provide you with peace of mind, fair compensation, and a strong advocate to represent you in court. Don’t be afraid to talk to an experienced car accident lawyer if you want to make sure your rights are protected. Even more, get you the money you deserve.

Are there cases when you don’t need a car accident lawyer?

If you were involved in a car accident that resulted in no or minor injuries, you may be able to handle the claim yourself. In Utah, drivers are required to have Personal Injury Protection (PIP) coverage, which can cover basic medical expenses, property damage, and lost wages. Basically, if you have PIP coverage or your own car or health insurance, you can file a claim without the need for an attorney. But if your injuries are serious or if you aren’t sure who is at fault, it may be best to talk to a lawyer to make sure you get fair compensation.

Get in touch with our car accident lawyer at Liberty Law

Overall, hiring an attorney to help you with your car accident case can ensure you get fair payment for your injuries and other damages. Don’t go through this alone. A car accident lawyer on your side can make all the difference.

Call our lawyers at (801) 264-6666 for a free review of your case. 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!

After a car accident, a driver’s own car insurance must pay for your additional medical bills, after all of the available money in the other, at-fault driver’s policy has been paid. This means the injured driver first makes a claim against the at-fault driver’s policy, then his or her own. And that is exactly what our client did.

If you were in the same situation as our client, you could only receive this extra money if you included underinsured motorist (UIM) protection in your car insurance policy. Every person who buys car insurance in Utah must be given the option to buy UIM coverage. You must expressly accept or reject this UIM protection before you finish buying the policy. Usually, the additional cost for UIM coverage is very small.

UIM coverage provides a lot of extra financial protection for you as a driver. If you are in a severe car accident, you likely won’t have enough coverage to pay for all your medical bills, without UIM protection.

The minimum levels of UIM protection are $10,000.00 for one person in an accident, and $20,000.00 for two or more people in an accident.

If you haven’t added UIM protection to your car insurance policy, we highly suggest you do so today. Call us for a free consultation: 801-264-6666, if you’ve been severely inured in a car or motor vehicle accident.

In 2011, there were 52,287 total reported traffic crashes, with 22,325 people injured and 243 people killed. While those numbers are high, in 2011 traffic deaths were actually at their lowest levels in Utah since 1974. Moreover, Utah’s death rate per vehicle miles travelled is still below the overall U.S. rate.

So what behaviors lead to traffic accidents? According to the Summary, 22% (11,511) of total crashes occurred from following too closely; 18% (9,254) from failing to yield; 18% (9,626) from inclement weather; and 17% (8,699) from speeding.

The number one reason for fatal crashes in Utah? Speeding, which caused 41% (90) of all fatal crashes in Utah in 2011.

Utah law says: “A person may not operate a vehicle at a speed greater than is reasonable and prudent under the existing conditions…any speed in excess of the limits…is evidence that the speed is not reasonable or prudent and that it is unlawful.” These “existing conditions” can include dusty, snowy, wet or icy roads. If you are going at or above the speed limit in these conditions, and get in an accident (or are pulled over for speeding), you can get a ticket for “traveling too fast for conditions.”

Even if you are confident you can handle these conditions going in excess of the speed limit, a safe rule of thumb would be to drive at least 5 miles under the speed limit.

PIP is often referred to as “no fault” coverage. Regardless of who is at fault in an accident, your insurance must pay for your PIP expenses—even if you caused the accident. PIP also covers the medical expenses of passengers who were in the vehicle at the time of the accident, up to $3,000.00 per person.

Your car insurance will not pay any medical bills until you open an insurance claim and fill out the PIP application and HIPAA medical release. You will also need to submit additional weekly paperwork to get reimbursed for household services and lost wages. Keep in mind, with the rising cost of medical treatment, your medical bills can quickly go over the $3,000 PIP limits that your insurance company will pay.

If you’ve been involved in an auto accident in Utah, we’ll handle the PIP claim for you, free of charge, and work to recover the full amount for your medical bills. Call the attorneys at Utah Liberty Law for a free consultation: 801-264-6666.

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.

If you think you have a serious injury (such as fractures or internal bleeding), first go to the hospital for an examination and/or X-rays. The doctors will make sure that you are stable and will check for life-threatening injuries.

Even if the hospital doctors do not find any life-threatening injuries, this does not mean that you have not been harmed. If you are in pain, a health care specialist should quickly examine you—be it your family physician, doctor of osteopathic medicine, or a chiropractor— to determine the source of the pain. Since the muscles and ligaments that stabilize the spine are particularly vulnerable to injury in a car accident, it is important to quickly establish whether your spine has been damaged or become misaligned. Your health provider will therefore order X-rays of your spine and/or neck.

Serious symptoms can result from spinal injury and/or misalignment, including:

• neck pain
• upper back pain
• lower back pain
• headaches
• whiplash
• pinched nerves
• organ problems
• limited range of motion

It is essential that you receive rapid treatment for an injured spine, particularly if the spinal vertebrae have become misaligned. As the soft tissue around the spine heals in the weeks following the accident, the muscles will again try to stabilize the spine—i.e., lock these joints down into their misaligned position. This can lead to a host of symptoms (some listed above) that may occur months or even years after the accident happened.

Your car insurance will usually pay for the first $3,000 in medical bills related to treatment for your injuries. You can also receive additional medical treatment without paying the bills up front. If you have been in a car accident and suffered an injury, contact an attorney to discuss the financial options available to you.

Before filing for bankruptcy, you can take steps to protect your property.

You can use your tax refund to buy things that are exempt: food, some furniture (such as bedding) and clothing. You cannot give the tax refund money to friends or relatives, not even to “hold” for you until the bankruptcy is finished. You cannot use the refund to make payments to a favored creditor within 90 days before filing bankruptcy,but you can make regular monthly payments on cars, homes, phones, and utilities.

Getting Help Does filing bankruptcy makes sense in your circumstances? Contact us for a free consultation: 801-264-6666.

1. If your vehicle skids: Skidding is caused when the rear wheels of your vehicle lose their grip and pass to the front. To correct any skid, let up on the gas and gently turn your wheels in the direction you want to go. Do not re-apply the gas until you are safely driving again.

2. Drive more slowly than the posted speed limit. Add extra distance between you and the car in front of you, so that you can brake comfortably if the car in front of you stops suddenly.

3. Anticipate turns and stops and approach them gently. Don’t apply the gas or the brake while turning. Your tires could lose traction, making you lose control of your vehicle.

1. Know your rights.

Collection agencies are restricted in how they can collect a debt from you by the Fair Debt Collection Practices Act (FDCPA). They cannot use abusive or profane language. They cannot contact you at any unusual time—only between 8 am and 9 pm, unless you agree otherwise. Collectors cannot contact you at work if they’re told that you’re not allowed to take calls at work. They are limited in what they can say to your friends or family members. See the section below, Inform Others of their Rights.

An original creditor can be exempt from the FDCPA. Business debts are not covered by the FDCPA.

2. Verify who is calling. Make sure you owe the debt.

The collector must send you a “validation notice” five days after they first contact you. This notice tells you how much you owe and the name of the creditor, as well as how to file a dispute if you don’t agree that you owe the money. If the collection agency does not send this to you, notify the collector in writing that you want a verification of the bill. If you dispute this debt, you must send a written response within thirty days to inform the collector of this. If you agree that you owe the money, you can set up a payment plan with the collector and/or contact an attorney to discuss your case.

3. Make sure all communication is in writing. Keep copies of all letters, payment agreements, bills, and processed checks.

It is a very good idea to make sure all your communication with the debt collector is in writing. If you don’t want to speak to the collector on the phone, write them a letter telling them they must communicate with you in writing to collect the debt. Make sure to include a statement that your letter is not meant in any way to acknowledge that you owe this or any other sum of money. Send the letter (and other correspondence) by Certified Mail, Return Receipt Requested.

A debt collector cannot contact you directly if you are represented by an attorney.

4. Inform others of their rights.

A debt collector cannot ask your family, coworkers, or employers or friends anything other than your current location and how to contact you. Collectors cannot tell the third party you owe a debt, unless that third party is a cosigner, executor of your estate, or your guardian (if you are under age 18). If they are calling you at work, make sure to tell them your employer does not permit such calls during the workday and the calls must stop. If you or your family feels that you are being harassed by a collection agency, keep a written record of all your calls and contacts. Contact an attorney.

This list is not intended to be comprehensive, and does not constitute legal advice. For a FREE consultation, contact Liberty Law today: 801-264-6666.

Other helpful information:
http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre18.shtm.

This amount of money is called a “reserve,” and insurance companies first decide what the reserve will be with little information—usually your name, address, and a brief description of the accident and/or injuries. How do you get the reserve as high as possible? Here are some helpful tips:

Within 15 days after you report a claim, your adjuster should finish a report of the accident. This report details your insurance coverage and lists any liabilities, injuries and/or damages from the accident. After this report is submitted, your insurance company will increase or decrease the reserve amount to settle your case. It’s very important that you document injuries and damage to your vehicle (pictures, written statements, medical records, etc.) and submit this information, along with any medical bills, to your adjuster as soon as possible. The insurance company can then increase the “reserve” amount needed to pay for them.

What if you need ongoing treatment—how will this be reflected in the reserve amount? It is helpful to know that the adjuster may continue investigating your claim after the 15-day report; he or she often will file a second report with the insurance company after a 30- to 90-day investigation. This allows you time to gather all your medical bills and receive treatment. Make sure you are constantly informing your insurance adjuster of these increasing medical bills so he or she can put this in their report.

Your personal injury attorney will discuss these things with the adjuster to obtain the highest compensation possible for your accident. If you want to avoid litigation, it’s important to contact an attorney and begin your personal injury case as quickly as possible. Contact us at Utah Liberty Law for your FREE consultation: 801-264-6666.

1. Check everyone in your vehicle for injuries.
2. Make sure you are not in danger of a secondary collision from oncoming traffic and move your vehicle out of the roadway if necessary.
3. Call 911, a police officer will be dispatched and will complete an accident report.
4. Make sure you give the police officer a written statement of how the accident happened.
5. Exchange insurance information and contact information with the other driver.
6. Obtain the names and phone numbers of all witnesses before you leave the accident scene. This is very important, as sometimes people involved tend to change their stories when reporting the accident to their insurance company.
7. As safety permits, take pictures of damaged vehicles, positions of the cars, any skid marks and any injuries sustained.
8. Call your insurance provider to report the accident and write down your accident claim number. You will need to give this claim number to all your medical providers (if you are injured) for payment of medical services.
9. Keep a written account of any conversations with the insurance adjusters, agents, and any other people involved in your claims process.
10. Call a personal injury attorney if you have any questions about additional compensation which you can recover for your accident.