Ogden, UT
DUI and DWI Lawyer at Ogden, UT
Practice Areas: DUI & DWI, Criminal Defense
OUTCOME: Jury Not Guilty
Client was found sitting in his car with open containers. The police officer smelled alcohol, heard slurred speech, and asked him to do Field Sobriety Tests which he failed. Client blew over the lim ... it on the intoxilyzer. The defenses were that he was not driving and that mouth check was not performed correctly. Client had a dental flipper in his mouth at the time of the breath test.
OUTCOME: DUI Dismissed
J.T. was accused of weaving in and out of his lane, failing the field sobriety tests, having open containers, and blowing a .13 breath test. Officer testified he did everything correctly. However, u ... pon cross examination, it was revealed that the did not follow correct procedures in administering the breath test (mouth check). The breath test was suppressed. Further, the officer did not administer the field tests in a manner that would give them any validity. The DUI was dismissed, and J.T. pled to a careless driving and open container that was held in abeyance.
OUTCOME: DUI Dismissed
R.W. was pulled over because of a defective light. R.W. had a prior DUI just two years ago. She was an alcohol restricted driver. Officer said they smelled alcohol, failed field sobriety tests, had ... slurred speech, red eyes, and unsteady balance. The officer did a mouth check and only allowed 12 minutes to elapse before giving the breath test. The result was .16. A motion was filed to suppress the breath test and the officer did not know anything about the defect because the intoxilyzer 8000 is not supposed to work unless 15 minutes elapses. The machine was found to be defective. The prosecutor dismissed the DUI and the Alcohol restricted driver charge. She pled to a defective light. Her license was saved from a two year suspension on the DUI and a one year on the alcohol restricted driver.
OUTCOME: 2nd DUI Offense Dismissed
The case looked bad when the client first met with me. He had a high breath test, problems parking his boat, and it was his second offense in just two years. We did not have much to work with. We fi ... led Motions attacking the high breath test and how the field sobriety tests were conducted. In the middle of a suppression hearing, the officer admitted that he kept walking away from the client when he was supposed to be observing him for 15 minutes. The officer admitted he did not know how to run the breath machine and needed help. When the hearing was done, the judge suppressed the breath test citing that the officers are getting too lazy on this issue. The field tests were not conducted in accordance with the standards. The State was left with little evidence. The DUI was dismissed, the client took responsibility for driving his boat recklessly and paid a small fine.
OUTCOME: Refusal Driver's License Saved
The case in the criminal court was dismissed for lack of evidence. The client elected not to take a breath test and the field sobriety tests were fairly good on the video. We filed an appeal to get t ... he 18 month suspension lifted. We showed up for trial prepared. The opposing sides did not have a witness that could testify that Client was driving. The Driver License suspension was lifted.
OUTCOME: Case Dismissed
Pulled over for exiting through the entrance gate at HAFB. Suppression hearing held on right to arrest (Probable Cause) and intoxilyzer result. Officer was cross examined by attorney. It was demonst ... rated that the officer did not do the field sobriety tests accurately and did not follow the correct procedures in administering the breath test. The judge suppressed all evidence and granted both motions.
OUTCOME: Case Dismissed
R.C. was accused of bad driving, failing field tests, and failing an intoxilyzer test. The case was tried before a jury and he was found guilty. The case was appealed to the District Court. It was d ... iscovered just before trial that the officer had a video that he did not turn over. The video was exculpatory. The judge dismissed the case stating that the defendant's due process rights were violated.
OUTCOME: Not Guilty
SM was charged with failure to illuminate his license plate light and DUI. Officer said SM's speech was slow, had 6 clues on HGN, 3 Clues on Walk and Turn, and swayed during the One Leg Stand. SM had ... a strong odor of alcohol, red and glassy eyes, and fumbling fingers when getting registration. The Jury acquitted on both charges.
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