Tag: Drug Offenses

Utah Laws May Change Regarding DUI

 

Utah is no exception to DUI Blood Alcohol Concentration laws. In Utah they current BAC is .08. Lawmakers are looking at a change to .05. In a Fox 13 News Story:

SALT LAKE CITY — A state lawmaker is proposing a bill that lowers Utah’s blood alcohol concentration level for a DUI from .08 to .05.

Rep. Norm Thurston, R-Provo, plans to introduce the bill in the upcoming legislative session.

“This helps send that message to people, don’t drink and drive. There is no safe level of drinking and driving,” Rep. Thurston told FOX 13 on Friday.

Rep. Thurston’s bill would make Utah the first in the nation to lower its BAC level. He said .05 DUI rates exist in countries across Europe, Africa and Asia. He also pointed out that countries like the Czech Republic and Hungary have a .00 limit for drivers.

“You don’t want people at .07 driving. You don’t want people at .05 driving. In reality,you don’t want people lower than that driving because they are starting to be impaired as low as .02 or .03,” he said.

The bill is expected to be controversial in the Utah State Legislature, despite lawmakers’ consistent support for liquor control legislation. Rep. Thurston said he was looking out for public safety and not targeting liquor.

Already, some groups have vowed to fight it. Connor Boyack, the president of the libertarian think tank Libertas Institute, posted on Twitter that his group would oppose it.

 

If an arrest has happened one may be unsure of what processes one will be facing in the near future. The next couple of months the most important information to remember is the timeline. DUI Defense Attorney American Fork and DUI Defense Attorney Ogden are experienced Utah DUI or Metabolite DUI Attorney’s.

Drivers License Privileges are COMPLETELY SEPARATE from the criminal case. The DL Division may be suspended or revoked the license. If you want to keep your License you must contact the Drivers License division within ten days of the arrest in writing. This has to be done in writing.  Call an American Fork DUI Lawyer, Salt Lake City DUI Lawyer or Ogden DUI Lawyer

Dui in Utah is tricky and with some expertise from an American Fork Criminal Defense Attorney, Salt Lake DUI Attorney an Ogden Criminal Defense Attorney one will successfully navigate the charges faced. Contact Stevens Gailey Today.

Source: Fox 13 News NOW

Felony and Misdemeanor DUI

Being charged with a DUI in the state of Utah can be a little unnerving and it requires some experienced legal counsel if you choose to be represented. Utah has very firm penalties for DUI cases. You can be charged with a DUI in both state or district courts. Conviction rates are very high in this state. When you are charged it does not mean that you have been convicted. There are misdemeanor and felony charges for driving under the influence. The penalties for both are very different. Drunk driving defense

A good attorney will help you in your case to represent you and prove your innocence. They can also help limit or find the best outcome by working with the prosecutor before a plea or conviction is accepted. Your American Fork Criminal Defense Attorney or Ogden Criminal Defense Attorney is knowledgeable and can fight for your rights. Have a strong defense is your best bet when you are charged with a DUI. Dui attorney utah

In Utah the criminal code is set up to categorize different crimes into classes of felonies and misdemeanors. The greater offense would be a felony and they carry heavy sentences and sometimes will have longer jail or prison sentences than a misdemeanor. The courts consider history and impact or injury in each case. The severity or the crime will determine which class the DUI will call into. The more severe the injuries the greater the chance for a felony DUI. Dui attorney utah

There are certain criteria that can change a misdemeanor DUI to a felony by a process called upgrading. This includes prior offense. After (3) DUI offenses a misdemeanor DUI may become a felony. Victims of your DUI dying from injuries sustained in the accident or any history of death by vehicle including homicide. A conviction history becomes a key player in your case. The more DUI offenses you have the more likely your current charges are to be upgraded or enhanced. Salt lake city dui attorney

Some of the penalties for a felony could include jail from 2 months to 5 years in prison. Fines from $2700-$9000, treatment program participation, probation and loss of driving privileges. Dui attorney utah

Felony and Misdemeanor DUI

Misdemeanor DUI charges involve cases where there were not as severe circumstances. They can include some very serious consequences. The laws are specific on repeat offenders. It is imperative to avoid conviction on and DUI.  There is a sentencing hearing that is for less serious criminal offenses. These sentences include jail time. As little as 48 hours and some times up to 10 days on your second offense. The maximum jail sentence is often 6 months in the county jail. All DUI sentences will include some type of fine and most likely a suspension to the driving privileges. Best criminal defense attorneyBest criminal defense lawyer

The first time could have a suspension from 120 days to two years and after your second offense your license could be suspended for up to two years. Fines range from approximately $1400-$1900 and sometimes include additional fines and fees. Probation may be a term of your sentence and first offenders can get lessened probation. Repeat offenders may be placed on supervised probation. Utah criminal defense attorney

Prime for Life classes have been tested to help assist and reduce the chances of repeat offenders. Utah imposes screenings for drug and alcohol. This may be in combination with classes for drug and alcohol abuse. Convicted offenders are required in Utah to attend the classes in an effort to limit the risk of repeating DUI behaviors. Utah attorneys

American Fork Criminal Defense Lawyer Ogden Criminal Defense Lawyer Salt Lake City Criminal Defense Lawyer at Stevens and Gailey are here to help you through your DUI.  Call us today for your Free Consultation.

If you have been accused of DUI, Felony DUI, Metabolite DUI, First DUI, Driving While Impaired, Drivers License Violation, Driving on a Suspended Liscense, Third DUI, Multiple DUI, DUI Offense, felony charges, misdemeanor charges  in Utah, you may want to speak with criminal attorneys Ogden  about criminal law Ogden. Further, Ogden Criminal defense is an experienced Criminal Defense Attorneys in Provo Utah can assist you in understanding all of your alternatives. The best criminal defense attorneys in Ogden or best criminal defense attorney in Lehi can help with your case. The best criminal defense attorney in Lehi or Ogden criminal defense attorney Stevens can help if you are faced with a Protective order violation. Ogden Criminal Defense is here to help. Ogden Criminal Lawyer, Vince Stevens can help. HD Gailey lawyers in American Fork are the best criminal defense attorneys Ogden, DUI Attorney Salt Lake, DUI Attorney Utah, DUI Attorney, DUI Attorney Utah County, DUI Attorney Ogden, DUI Lawyer Utah, Lawyer DUI Utah, Lawyer DUI Salt Lake, Lawyer DUI Ogden, Lawyer DUI American Fork. 

Theft In Utah

Theft Charges Utah

In Utah, the law reads:

A person commits theft if he obtains or exercises unauthorized control over the property of another with a purpose to deprive his thereof.

Click Here for : Utah Code Ann. § 76-6-404

Theft of property and services as provided in this chapter is punishable:

(a) as a second degree felony if the:

(i) value of the property or services is or exceeds $5,000;

property stolen is a firearm or an operable motor vehicle;

(iii) actor is armed with a dangerous weapon, as defined in Section 76-1-601, at the time of the theft; or(iv) property is stolen from the person of another;
(b) as a third degree felony if:(i) the value of the property or services is or exceeds $1,500 but is less than $5,000;(ii) the actor has been twice before convicted of any of the offenses listed in Subsections (1)(b)(ii)(A) through (1)(b)(ii)(C), if each prior offense was committed within 10 years of the date of the current conviction or the date of the offense upon which the current conviction is based and at least one of those convictions is for a class A misdemeanor:

(A) any theft, any robbery, or any burglary with intent to commit theft;

(B) any offense under Title 76, Chapter 6, Part 5, Fraud; or

(C) any attempt to commit any offense under Subsection (1)(b)(ii)(A) or (B);

(iii) in a case not amounting to a second degree felony, the property taken is a stallion, mare, colt, gelding, cow, heifer, steer, ox, bull, calf, sheep, goat, mule, jack, jenny, swine, poultry, or a fur-bearing animal raised for commercial purposes; or

(iv)
(A) the value of property or services is or exceeds $500 but is less than $1,500;

(B) the theft occurs on a property where the offender has committed any theft within the past five years; and

(C) the offender has received written notice from the merchant prohibiting the offender from entering the property pursuant to Section 78B-3-108;

(v) the actor has been twice before convicted of any of the offenses listed in Subsections (1)(b)(ii)(A) through (1)(b)(ii)(C), if each prior offense was committed within 10 years of the date of the current conviction or the date of the offense upon which the current conviction is based and the value of the property stolen is or exceeds $500 but is less than $1,500; or

(vi) the actor has been previously convicted of a felony violation of any of the offenses listed in Subsections (1)(b)(ii)(A) through (1)(b)(ii)(C);

(c) as a class A misdemeanor if:

(i) the value of the property stolen is or exceeds $500 but is less than $1,500;

(ii) (A) the value of property or services is less than $500;

(B) the theft occurs on a property where the offender has committed any theft within the past five years; and

(C) the offender has received written notice from the merchant prohibiting the offender from entering the property pursuant to Section 78B-3-108; or

(iii) the actor has been twice before convicted of any of the offenses listed in Subsections (1)(b)(ii)(A) through (1)(b)(ii)(C), if each prior offense was committed within 10 years of the date of the current conviction or the date of the offense upon which the current conviction is based; or

(d) as a class B misdemeanor if the value of the property stolen is less than $500 and the theft is not an offense under Subsection (1)(c).

(2) Any individual who violates Subsection 76-6-408(1) or Section 76-6-413, or commits theft of property described in Subsection 76-6-412(1)(b)(iii), is civilly liable for three times the amount of actual damages, if any sustained by the plaintiff, and for costs of suit and reasonable attorney fees.

In essence, Utah considers theft charges if you take something of another person, family member, business or the like. The act of keeping it, selling it or not returning it constitutes theft.

Further, there are other theft charges that may be assessed (Click on the link For Utah Code) which can include:

 

Penalties You May Be Facing

In all states there are criminal penalties codes. In Utah, just as in other states, there are penalties, fines and punishments set according and determined primarily by the value of what was stolen. Utah is unique in the respect that they also classify some of the theft cases by looking at what the actual property or item was that happened to be stolen or procured. In fact, in Utah you can be charged with a felony regardless of the value of the item due to the actual classification.

Utah Code: 76-6-412 States:

 

 

A law unique to Utah also includes the civil penalties. A shoplifter can be required to pay the shop owner. This could include:
What Penalties Can Be Assessed Civilly?

  • Paying for damages by being required to pay the retail price of items not returned in good condition to sell.
  • Penalized for the amount of the retail price cannot to exceed $1000
  • Court Imposed Penalty = $100-$500
  • Attorneys Fees= provided the owner had to file the court case to get their property or money back and incurred fees.

A lesser known part of Theft Charges is that minors who commit acts of shoplifting or theft can have repercussions on the minors parents. The responsibility for the parents of the minor can include:

  • Retail price of the item stolen
  • Court Determined =$50-$500

 Click Here to Read More : Utah Code Ann. § 78B-3-108

 

Civil Damages In Utah

There are civil damages in Utah that may be asked for or awarded. This means that the victim is actually able and entitled to three times the actual damage. If damages either physically or monetarily were taken, demonstrated or acted against a person it will be determined eligible for reimbursement of any and all damages sustained during the theft. It will also be eligible for the victim to ask for attorney fees and costs. Click on these links to read more about:

 

 

 

Prior Convictions And Their Effects On Future Cases

Utah Has a rule that if you have offended in the previous 10 years or been convicted on two separate cases of any theft, burglary with intent to defraud, rob or commit these acts it will become a third degree felony to commit another crime. Read Here: Utah Code

 

If you have been accused of  theft, shop lifting , retail theft , theft by deception , fraud , forgery  , car theft, insurance fraud, identity theft , identity fraud  in Utah, you may want to speak with criminal attorneys Ogden  about criminal law Ogden. Further, Ogden Criminal defense is an experienced Criminal Defense Attorneys in Provo Utah can assist you in understanding all of your alternatives. The best criminal defense attorneys in Ogden or best criminal defense attorney in Lehi can help with your case. The best criminal defense attorney in Lehi or Ogden criminal defense attorney Stevens can help if you are faced with a Protective order violation. Ogden Criminal Defense is here to help. Ogden Criminal Lawyer, Vince Stevens can help. HD Gailey lawyers in American Fork are the best criminal defense attorneys Ogden

Shoplifting In Utah

 

 

Shoplifting, referred to as retail theft. This is a serious criminal violation under Utah law. There are criminal codes in the state of Utah for retail theft which include possible incarceration and fines as punishment. In addition, Utah law grants the victims of the crimes the right to sue the shoplifter as well in civil court for damages. Ogden Criminal Lawyer, Vince Stevens can help. HD Gailey lawyers in American Fork are the best criminal defense attorneys Ogden.

Shoplifting in Utah

Shoplifting is commonly referred to as retail theft. This is characterized with these types of things: taking property  without compensating, varying price tag or names, and transferring products into a different package, box AND with the intention of depriving the seller of the retail cost ( Utah Code Ann. 1953 SS 76-6 -602 ).

In the State of Utah, a seller has the right to request that customers keep the items they wish to purchase in full view. Further, they can detain suspected shoplifters for a reasonable period of time. Criminal and civil penalties for shoplifting are described below.

Charge Classification Penalty
Theft of property less than $500 Class B Misdemeanor Jail term of up to six months and/or fines up to $1,000
Theft of property valued at $500 or more and less than $1,500 Class A misdemeanor Jail term of up to one year and/or fines up to $2,500
Theft of property valued at $1,500 or more and less than $5,000 Third degree felony Jail term of up to five years and/or fines up to $5,000
Theft with two prior related convictions in the previous 10 years Third degree felony Jail term of up to five years and/or fines up to $5,000
Theft of property valued at $5,000 or more Second degree felony Jail up to 15 years and/or fines up to  $10,000
Theft of a firearm Second degree felony Jail up to 15 years and/or fines up to  $10,000

 

Civil Liability

When an adult is charged as a shoplifter, they can be litigated by shop or store owners for the actual damages. This may be a penalty in the amount of the retail price which may be up to $1,000 or a penalty between $100 and $500, payments are sometimes accepted as long as they are reasonable. Attorney’s fees may be awarded as well. Parents of minor shoplifters are jointly and wholly responsible for the minor as well as. The best criminal defense attorney in Lehi or Ogden criminal defense attorney Stevens can help if you are faced for payment of actual damages. If a penalty in the amount of the retail price (up to $500 ), a penalty between $50 and $500, Ogden criminal defense can ask for payments, and their fees are reasonable.

Diversion Programs and Plea Bargaining

Prosecutors can offer certain individuals accused of first-time or low-level offenses an alternative to prosecution via diversion curricula. If an accused individual completes the diversion planned requirements, who were able to include repayment, community service, or advise, the criminal charges is likely to be lowered. Diversion programs are typically available at the discretion of the prosecutor and field.

If a diversion planned is not feasible, the accused may be able to negotiate a plea bargain with the prosecutor. Plea negotiations often concern acquiring lesser attacks or abbreviated convicting in return for a guilty plea. The best criminal defense attorneys in Ogden or best criminal defense attorney in Lehi can help with a diversion.

Getting Legal Help

If you have been accused of shoplifting in Utah, you should strongly consider speaking with criminal attorneys Ogden  about criminal law Ogden. Ogden Criminal defense is An experienced Criminal Defense Attorneys in Provo Utah can assist you in understanding all of your alternatives.

 

 

 

DUI License Hearings

Now that an arrest has happened one may be unsure of what processes one will be facing in the near future. The next couple of months the most important information to remember is the timeline. DUI Defense Attorney American Fork and DUI Defense Attorney Ogden are experienced Utah DUI or Metabolite DUI Attorney’s. The best guess will ensure that the witnesses are generally the police, evidence and any other people in the vehicle. There will be evidence such as breath testing, blood testing and field sobriety testing. The tests will be submitted as evidence in both the Driver’s License Division Hearing and a separate criminal action.

The tests that may have happened include:

Standard Field Sobriety

 One Leg Stand

Clues for Intoxication include:

Hopping in place Raising arm

Swaying, Placing foot down.

Walk and Turn

Clues for intoxication include:

Stepping out of position, Starting too soon,

missing heel to toe, stepping off line,

raising arms, incorrect step counting

improper turn, stop walking during test.

Horizontal Gaze Nystagmus

Clues for intoxication include:

Lack of smooth pursuit-left and /or right eye.

Distinct sustained nystagmus at max left and/or right eye

Angle of onset prior to 45 degrees left and/or right eye.

Blood Chemical or body fluid test:: This also identifies the presence of illegal drugs or prescription drugs.

Breathalyzer BAC: Measures the exhale alcohol content which tells officers how much is in the bloodstream.

Most often there will be several pieces of evidence entered against an individual. This can include testimony from the officer, video tape of the arrest, video of the blood or other sampling, actual results and any other records including the police reports.

Drivers License Privileges

Drivers License Privileges are COMPLETELY SEPARATE from the criminal case. The DL Division may be suspended or revoked the license. If you want to keep your License you must contact the Drivers License division within ten days of the arrest in writing. This has to be done in writing.  Call an American Fork DUI Lawyer, Salt Lake City DUI Lawyer or Ogden DUI Lawyer

According to the State of Utah:

If you were ARRESTED for DUI, what happens next (some or all may apply):

  • Your driver license was confiscated by the arresting officer and replaced with a citation that serves as a temporary license that expires in 29 days;
  • Your vehicle was more than likely impounded
  • You should request a hearing within 10 days
  • You can seek legal counsel to represent you in your driver license hearing and also your court appearance.
  • Your privilege to drive may be withdrawn on the 30th day after the date of arrest.

SUSPENSION TIMES

  • Driver 21 or older at the time of arrest, the following suspension periods will be imposed for a first offense:
    • Per-Se arrest – 120 days
    • Refuse to submit to a chemical test – 18 months
  • Driver 21 or olderand has a second or subsequent arrests, the following suspension periods will be:
    • Per-Se arrest – 2 years
    • Refuse to submit to a chemical test – 36 months
  • Driver under the age of 21the suspension periods for drivers based on actions for a Per-Se arrest under UCA 53-3-223 or a Not-a-Drop arrest under UCA 53-3-231.  These actions are administrative in nature, and are not based on a criminal conviction of DUI, but the arrest report itself.
  • Suspension periods for DUI and metabolite court convictions will remain the same; however, the individual may petition the court for a shortening of the suspension period for a first offense for a violation of 41-6a-502 (DUI) or 41-6a-517 (metabolite) if certain conditions have been met.
  • Driver under age 21at the time of arrest and refuses to submit to a chemical test, the license will be revoked until the person is 21 years of age for a period of 2 years, whichever is longer, for a first offense, previously 18 months.  This change will apply only to arrests that occur on or after July 1, 2011.
  • Driver age 19 or 20at the time of arrest, the following suspension periods will be imposed for a first offense:
    • Not-a-Drop arrest – 6 month suspension effective 30 days from arrest date
    • Per-Se arrest – 6 month suspension effective 30 days from arrest date
  • Driver under the age of 19 at the time of arrest, the following suspension periods will be imposed for a first offense:
    • Not-a-Drop arrest – 1 year suspension effective 30 days from arrest date
    • Per-Se arrest – 2 year suspension effective 30 days from arrest date
    • Not-a-Drop or Per-Se arrest if committed prior to May 14, 2013 and the suspension or denial was based on the same occurrence upon which certain written verification’s received from the court are based – 6 month period

Effective April 1, 2014 the court can reduce the driver license suspension period for a second or subsequent minor alcohol consumption or possession suspension or minor in a bar suspension if the person certifies to the court that they have not consumed alcohol for a concurrent period of at least one year during the suspension period.  Must have a court order for reduction of the suspension.

An individual who has had their license suspended or denied for a Not-A-Drop Arrest (driving with a detectable amount of alcohol in the body) is required to obtain an assessment and recommendation for appropriate action from a substance abuse program in order to reinstate their driver license.

Dui in Utah is tricky and with some expertise from an American Fork Criminal Defense Attorney, Salt Lake DUI Attorney an Ogden Criminal Defense Attorney one will successfully navigate the charges faced. Contact Stevens Gailey Today.

 

 

 

Metabolite DUI In Utah

Metabolite DUI In Utah

Metabolite DUI Utah- Criminally Charged Leftovers

What is a Metabolite DUI? When Driving with a Measurable Controlled Substance in Utah you can be charged with a Class B Misdemeanor. This is close to the famous DUI but it is slightly different because it is not a legal substance that is measured in your system. The unfortunate part is that you can still be serving time for even having the “metabolite” test positive in your body. These criminally chargeable leftovers are not something to be messed with. Best criminal defense lawyer

How Metabolite DUI works.

Scenario:

You are pulled over and the police discover through conversation that you may have smoked marijuana recently. Usually it appears similar to this: Criminal defense attorney salt lake city

Police: I see from your ID that you are from Colorado. The officer then asks if you have ingested any Marijuana or asks when the last time is that you smoked.

You say “yesterday in Colorado before I left on the trip. It helps me relax”

Off you go in handcuffs, stunned and unsure. You were not impaired and were probably only pulled over for speeding. Why are you being arrested? Salt lake dui attorney

You can be charge with a metabolite DUI just for having the substance in your body whether you are impaired or not.  They can charge you with a DUI if they feel that you are impaired.

So what if you recently visited a state where there is Legal Marijuana:

If upon verbal affirmation, it is found that the substance is in your system you can still be charged even if not impaired with a Metabolite DUI. If you smoked or ingested an illegal ( to the state) substance across state line the day before, in a state where it was legal, you can still be charged. It doesn’t mean you will be found guilty but you can be charged. Utah dui attorney

Metabolite DUI In Utah

The states near and surrounding Utah have recently passed laws that make it difficult for citizens to understand and makes it messy for the courts to control. Some have chosen to challenge based on their amendments being violated. American Fork Criminal Defense Lawyer can help you today. Dui attorney utah

How can you avoid having this happen:

Unfortunately, there is no good answer because it really depends on what drug and how it was processed in your body. In most scenarios, marijuana is one of the longest leftover offender. Other drugs that fall in this category would be cocaine, amphetamines and opiates. Ask your Criminal Defense Attorney in American Fork his opinion. Ogden dui attorney

What happens after you are charged with a crime:

A Metabolite DUI is a misdemeanor B charge in the state of Utah. The possibilities can be up to 6 months of jail and a fine of $1000.  Metabolite DUI charges are serious enough that it could carry consequences into the rest of your life. You could lose driving privileges, be on probation and will have a criminal record. If you need to speak with an attorney call an Ogden Criminal Defense Attorneytoday.

What to do :

On most occasions these occur on traffic stops, during police interrogation, on a search or arrest. There are some important constitutional laws to take into consideration. This includes areas about how the searches and seizure occurred and what rights you have during the process. It would be wise to call an Attorney in Ogden Utah Criminal Defense.

Metabolite DUI In Utah