All Posts

In Utah, a driver’s first driving under the influence (DUI) offense is considered a misdemeanor, unless that DUI was extremely serious, such as a DUI accident causing serious injury or death. Listed below are DUI charges and penalties pulled directly from the Utah Traffic Code, § 502. According to § 41-6a-502, driving under the influence of drugs and/or alcohol with an unsafe blood alcohol concentration (BAC) is against the law. For drivers under the age of 21, there is a zer

Two men accused of stealing materials from Gilsonite Mine in eastern Utah were recently arrested. According to law enforcement, they apprehended the men after finding the stolen materials in their truck. In a statement to the media, Uintah County Sheriff Jeff Merrell said that the two men were booked in county jail on suspicion of the following charges: TheftBurglaryIllegal drug possession Law enforcement received a 911 call on October 3 from an unidentified witness to the th

Valentine’s Day is the perfect day for romantic gestures and reflecting on those you love. Unfortunately, it can also be a day for ex-lovers to reflect on their past and some may feel very lonely on this day of hearts and romance. That’s why Valentine’s Day often brings about many cases of criminal domestic violence as ex-lovers stalk, harass, or attack those that used to be a significant part of their life. According to one police officer in Memphis, holidays often bring abo

If you are a Utah resident, then you are held accountable to some interesting liquor laws which are upheld in the state. One of the most unique laws in Utah is their statute that drinks can be served but cannot be seen until they have made their way to the table. Bartenders are not allowed to mix drunks in front of guests. This has caused many Utah restaurants to mix their drinks behind curtains. In Utah, it is illegal to put alcohol on display, so wine cellars that are used

Stabbing attacks are considered assault with a deadly weapon or attempted murder, and can be severely punished in the state of Utah. Recently, a man who has been connected with a stabbing in Oregon and a slashing in Utah was arrested, and he is now being held in...

In the Utah criminal justice system pleas are often held in abeyance. This is a compassionate means by which an accused person is given a second chance. If you have been given a plea in abeyance, you know that your guilty plea does not count against you as a conviction. What a huge benefit this is to you. Your attorney has emphasized to you the importance of complying with all the terms of your plea in abeyance. You also know that once all the abeyance conditions are met, you

In the Utah criminal justice system prosecutors will often agree to reduce a felony to a misdemeanor after probation. This is made possible by legislation found in UCA Sec. 76-3-402(b). Judges and attorneys refer to these as 402 reductions. 402 reductions are an excellent way of tidying up your criminal background. 402 reductions are also a clever way of shortening the waiting period for expungement. Utah judges, by law, only consider 402 reductions upon successful completion

“How do I get this darn conviction off my record!” “I am tired of losing jobs because of a stupid mistake I made when I was 18!” These are statements we commonly hear from clients who have been convicted of a crime. Fortunately there is a way to wipe your criminal record clean and get a fresh start. The process is called expungement. Under Utah law the qualifications for expungement are pretty straight forward. In most cases all you need to do to become eligible is to wait. T

So you are one of the lucky ones. Through some good lawyering, your attorney convinced the prosecutor to reduce your DUI to Impaired Driving. You have completed 60 days of your 120-day driver’s license suspension. You have heard that by doing a plea bargain down to Impaired Driving, your driver’s license suspension was reduced to 60 days. Be careful! Now that your 60 days is up, don’t think that it is okay to simply resume driving. Doing so could set off an ugly chain of even

Some Utah DUI cases are plead to the reduced charge of Impaired Driving. Impaired Driving is not referred to as a reduced charge based upon it being a lesser degree of crime; Both offenses are Class B Misdemeanors carrying the potential of up to 180 days in jail. Impaired Driving, rather, is referred to as a lesser offense because the minimum consequences are less than those for a DUI. In DUI cases a judge must order a minimum of 2 days jail for a first offense, and 10 or mor

4 BIGGEST MISTAKES MADE BY CRIMINAL DEFENDANTS So there you are, sitting in your living room reading a letter from your attorney that says something like this, “Criminal charges have been filed against you in case #:11130098. Be advised that ‘Utah’ judges are rarely bound by determinative sentencing guidelines. In other words, your judge has the discretion to sentence you within the basic sentencing guidelines as indicated below with few exceptions:” As you look below to wh

There is a piece of advice the  criminal defense attorneys , from our office, give to each of our Utah clients after they have been charged with a DUI, or a drug-related offense. But first, let me give you a quick note on what makes you a target to law enforcement. Once a DUI or drug charge is established on your record, conviction or not, you have become a “marked man” so to speak. Count on being harassed every time a cop runs the license plate of a car registered to you. Po

There is a general misconception about what constitutes a DUIin the state of Utah. DUI obviously stands for “driving under the influence". This title implies that to commit a DUI you must necessarily be driving. However…this is wrong! To truly represent what constitutes a violation, the name of the offense would have to be changed to CUI, or controlling a vehicle under the influence. “Controlling?” Yes, controlling. This comes as a surprise to many of my Utah DUI clients. I h

Many of my DUI clients ask me whether there are exceptions to the ignition interlock restriction imposed for DUI in the State of Utah. Although there is not a general exception as of 2011, there is a limited exception as follows: A Utah motorist with a DMV (Department of Motor Vehicles) imposed ignition interlock restriction may operate a vehicle without an ignition interlock if: The vehicle belongs to his employer (not self-employed),He is driving for work purposes only,He h

Our  criminal defense  team of lawyers recently represented a young woman who was caught up in a sex sting in the state of Utah. The woman fell prey to a sting conducted in a massage parlor in Salt Lake City, Utah. As a  criminal defense attorney  I have represented dozens of clients busted in these types of stings in Utah over the years. This one, however, was unique. My client, who I we’ll call Suzie, was arrested for allegedly agreeing to provide an undercover cop with wha

We are proud to announce the launch of our criminal defense blog. We also have a blog RSS feed.

Many DUI prosecutions in the State of Utah are the result of the defendant being pulled over for some purpose other than DUI. After being pulled over and prior to being cited for DUI, it is typical for motorists to make one or more common mistakes. Once these mistakes are made it becomes entirely possible for an innocent person to be both prosecuted and convicted for DUI. Many of the DUI cases we handle in Utah are for persons being prosecuted for driving under the influence