A DUI can be easy to get, even when the breath test only shows some prescription medication. Let’s take the hypothetical case of Patty, which is very similar to one that the Utah Court of Appeals just ruled on. Here are the essential “facts” of the case: A cop noticed Patty was driving slowly, and …
Can I get a DUI in Utah from taking prescription drugs? Read More »
One or two drinks can now result in DUI Recently, Utah passed a DUI law of a .05 percent blood alcohol driving limit, and it is being aggressively pursued by law enforcement. This means that you can have only one drink (depending on your weight) and possibly reach that level. Certainly two drinks could get …
Utah’s DUI Law of .05 BAC Limit Increases Drunk Driving Arrests Read More »
We often get asked if it is okay to record a conversation in Utah. The answer is more complicated that you may think. For example, if you are on the phone in Utah, but the person you’re speaking to is in California, you will need to know California law, too. First, you need to look …
Can I still get drug possession charges? Often people wonder if they can be prosecuted in Utah for having an illegal drug in their system, even if they ingested such in a different state. In words, they often ask us, “Am I safe to have an illegal drug in my system if I consumed it …
Am I Safe to Have an Illegal Drug in My System if I Consumed it in Another State? Read More »
Often people call us and ask the following: can I be forced to testify against my spouse? Normally, if you do NOT want to testify against your spouse, it is a very good idea to call any criminal defense attorney (because they are familiar with this area of law), who can alert the Court of …
The US Supreme Court rules that evidence seized during an illegal stop is still admissible if there was a prior warrant out for arrest! Question: If the cops illegally stop and question a person, but then during that process the cops find out the person has a warrant, should the cops be allowed to search …
Illegally Seized Evidence May Still Be Admissible Read More »
DUI when not driving in a parked car By Greg Smith posted in DUI on Monday, September 18, 2017 So, you’re too impaired to drive, and you know; therefore, you are merely sitting in your car (the key is not even in the ignition). A cop walks up to you and says, “Hi, are you …
By Greg Smith posted in Violent Crimes on Friday, September 1, 2017 Older Americans remember the good old days when you would not be arrested for something unless the police actually had “probable cause” for making an arrest. After all, most people are horrified by the thought of being handcuffed, frisked, put in a police …
By Greg Smith posted in Criminal Defense on Tuesday, August 22, 2017 For centuries, it was noble to be a midwife (help mothers give birth out of a hospital). Today, you can go to jail for being one. Licensing midwives is now the national trend. In fact, a midwife was recently sentenced to six months …
By Greg Smith posted in Criminal Defense on Friday, August 11, 2017 Most people who get their first speeding ticket don’t know what their options are, and unfortunately in Utah, you cannot simply “get rid of a ticket” by paying some small sum; further, in Utah traffic matters are often infractions or crimes. More often …