Category: Assault

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.

 

 

 

What is an Assault?

What is an Assault?

Assault

Under 76-5-102, there are 3 scenarios which are grounds for an assault charge:

  1. adeliberate attempt to cause physical injury to another individual, through either violence or unlawful force;
  2. athreat to cause physical injury to another individual, when accompanied by a display of violence or force; or
  3. causing physical injuryto another individual, or causing a large risk of physical injury to another individual, through use of violence or unlawful force

Pursuant to 76-5-102, an individual does not have to actually assault somebody else for their crime to be considered assault.  A simple threat or attempt can be enough.

Normally, the crime of assault is considered to be a Class B Misdemeanor in the state of Utah, punishable by:

  • up to six months in jail

There are also two scenarios in which the crime of assault becomes a Class A Misdemeanor, which incurs harsher penalties. The two scenarios are:

  1. an individual causessubstantial physical injury to another individual
  2. an individualknowingly and deliberately assaults a pregnant woman

In Utah, a Class A Misdemeanor is punishable by:

  • up to one year in jail

Compared with a Class B Misdemeanor, the maximum jail sentence doubles, and the maximum fine is nearly three times higher.

Aggravated Assault in Utah

Assault and aggravated assault are not the same crime — and in the eyes of the law, aggravated assault is much more serious. The crime of aggravated assault is set forth under 76-5-103.  A crime is aggravated assault when an individual commits simple assault as defined by 76-5-102, and also either:

  • uses a dangerous weapon (under 76-1-601, a “dangerous weapon” is any item which can cause death or serious physical injury, or a false imitation “weapon” which the victim believes to be a real threat)
  • uses any other means that is likely to result in death or serious injury of the victim

The severity of the charge — and its associated punishment — is determined by the level of injury sustained by the victim. Even if, in the best case scenario, the victim is not seriously injured, aggravated assault is still a very serious crime to be convicted of. Where the victim does not sustain serious physical injury, aggravated assault is a 3rd Degree Felony, punishable by:

  • up to five years in prison

If the victim does sustain serious physical injury, it is a 2nd Degree Felony, and the penalties become worse, reaching potential maximums of:

  • up to 15 years in prison

Domestic Violence and Gun Ownership

A classification of assault is domestic violence (i.e. violence against a spouse, boyfriend, girlfriend, family member, or other cohabitant). Under federal law, any resident of Utah who is charged with committing a crime of domestic violence loses their gun privileges for life. This includes the use of a gun related to:

  • hunting
  • sporting
  • military service
  • law enforcement

If a member of law enforcement or the military is charged with domestic violence, they will be discharged from serving.

If an individual who has lost their gun privileges as a penalty for committing domestic violenceis found to be in possession of a gun, or even ammunition, it is a federal felony offense.

Misdemeanor convictions are serious — and felony convictions are even worse. If you are facing allegations of assault, aggravated assault, or domestic violence in Utah contact our attorneys today. Your initial consultation is free.