Charged
With
A DUI?
Driving Under The Influence
is a serious matter. Make sure you hire the "right
lawyer" |
|
DUI Information | Utah DUI Facts | Criminal Defense Attorney -
The Utah law says that he
only needs to prove that after drinking you were not able to drive your
car safely or that your blood alcohol exceeds a certain limit. That
sounds pretty cut and dried, but it's not quite as simple as that.
DUI
Criminal Defense Attorney
Ogden, Utah
|
Handling Utah DUI Arrest charges in: Ogden, Logan, Brigham City, Salt Lake City,
Provo, Layton, Farmington, Bountiful, Sandy, Jordan and Draper, Utah.
DUI Information | Utah DUI Facts | Utah Criminal
Defense Attorney
Utah DUI Information: DUI Facts and questions you need know!
|
4
things the District Attorney doesn't want you to know
about DUI Facts:
1.
He does not have all the witnesses available to prove his case.
2.
He has exculpatory evidence which would prove your innocence.
3.
He has evidentiary problems in proving your blood alcohol level.
4.
He's bluffing.
7 DUI facts that must be proved before you can be found
guilty:
1.
Your identity
2.
As a driver
3.
Of a motor vehicle
4.
In the state of Utah, while
5.
Your blood alcohol
level was over the prescribed limit or
6.
You were substantially incapable of driving (driving under the influence) or
7.
You were impaired to the degree that you could not safely drive your vehicle.
What
DUI Information you must know to do immediately to preserve your right to drive:
1. You must request a driver license hearing from the DMV within 10 days of your arrest.
2. You or your attorney must attend that hearing either in person or by telephone.
10 questions your attorney must ask
you in relation to your Utah DUI.
1.
What your itinerary was prior to arrest.
2.
Your consumption of alcoholic beverages.
3.
Your observations of the officer.
4.
The officer's stated reasons for stopping you.
5.
Whether the officer asked or ordered you to take roadside tests.
6.
Your performance on roadside tests.
7.
Statements you made to the officer.
8.
What the results were of any breath or blood tests.
9.
Whether there were witnesses to your arrest.
10.
Whether you were observed prior to a breath test.
What are the 4 items crucial to your
DUI criminal defense?
1.
A good investigation of the facts.
2.
Vigorous cross-examination.
3.
A sound understanding of constitutional principles.
4.
An experienced attorney.
What is the one thing your attorney must do to raise objections based on the Summons and Complaint?
*
Appear in person for your arraignment.
Why a jury trial is advisable:
*
Four people have to agree on your guilt instead of one.
What is necessary to get a jury trial?
*
You must request a trial by jury.
Information
How the arresting officer's testimony can be discredited:
1.
Inconsistent statements.
2.
Failure to recollect.
4 requirements which must be followed for chemical and roadside tests to be valid:
1.
The officer must have had a reasonable suspicion that you were violating the law.
2.
The officer must have either had probable cause to arrest you or obtain your consent for
roadside tests.
3.
The officer must have probable cause before he arrests you and before he requires you to
take a chemical test.
4.
The officer must give you your Miranda rights after you are arrested, if he is going to
interrogate you.
What are the 2 key pieces of information which must be learned in deciding to go to trial?
1.
An estimation of the weaknesses and strengths of the State's case against you.
2.
The effect of a conviction.
What effect will this arrest have on my license and when will I be able to drive?
*
If your blood alcohol was over the legal limit or you refused a test, you may not be able
to drive at all for a long period of time.
What 4 preliminary motions should be filed, and the danger to you if they aren't.
1.
Motion to suppress evidence on the ground that you were unconstitutionally stopped.
2.
Motion to suppress evidence on the grounds that there was an unconstitutional search
and seizure.
3.
Motion to suppress statements on failure to give Miranda rights.
4.
Motion for Discovery of all evidence.
If these motions are not filed, your case may not be dismissed when it should have been. You may not be told about evidence which would prove your innocence.
7 defense tactics in pre-trial motions:
1.
Contest the constitutionality of the stop.
2.
Contest the constitutionality of the administration of roadside tests.
3.
Contest the constitutionality of the probable cause to arrest.
4.
Contest the constitutionality of the Miranda rights.
5.
Contest the manner in which roadside tests were given
6.
Contest the use of a Portable Breath Tester.
7.
Contest the constitutionality of any search and seizure.
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Utah DUI Laws and Defense of Utah DUI Charges - New information
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Skilled Defense Trial Attorney - Ogden, Utah
DUI Arrest / DUI Charge Utah Defense Lawyer |
| Glen Neeley |
| Attorney and Counselor At Law |
|
863 E. 25th Street
Ogden, Utah 84401
801-612-1511 Office
801-612-1555 Fax
|
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Glen Neeley Attorney At Law. All Rights Reserved. |
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