This post will cover how the result of your case in court will affect your license. The previous post discussed the possible driver’s license consequences from the Driver License Division (DLD).
What if DLD already suspended my license?
If you are convicted of DUI in court the court will send notice of that conviction to DLD. When the DLD receives notice it will suspend your license for 120 days for a first offense. However, if your license was already suspended by the DLD before you went to court, your suspension will be reduced by the amount of the suspension that you have already served. In other words, if the DLD suspends your license for 120 days on a first offense, then a conviction for DUI is not going to extend that time. You will still have only a 120-day suspension.
Often in DUI cases a DUI attorney can negotiate a reduction of your DUI charge to a charge called Impaired Driving. If the DLD suspended your license for 120 days for a first offense, then pleading guilty to Impaired Driving will actually reduce your suspension to 60 days.
What if the DLD didn’t suspend my license?
In some cases the DLD will not suspend your license at the administrative hearing. If you are then convicted of a first DUI, the court will send notice of your conviction to the DLD and the DLD will suspend your license for 120 days based on your conviction.
If your attorney was able to negotiate a plea to a reduced charge of Impaired Driving, the court will send notice of this to the DLD and the DLD will not suspend your license as long as you meet one condition: You must not have committed an additional violation of the law resulting in a conviction of Impaired Driving or Reckless Driving within the past 12 months.
Contact a Utah DUI Attorney
Most cases are very complicated and almost never as simple as this post may make it seem. If you have questions about your driver license, you should contact a Utah DUI Attorney to ask questions about your case. Call Intermountain Legal at 801-990-4200 for a free consultation or contact us online here.
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Driver License Division (DLD)
If you have been arrested in Utah for DUI, the police officer has a duty to inform you about your right to a Driver License Hearing. You have ten calendar days from the day of your arrest to request a Driver License Hearing. Once your request has been made, the DLD must hold your hearing within 30 days of your arrest unless there is good cause to do otherwise.
DLD Hearing
This hearing is an opportunity for you to challenge your driver’s license suspension. A DLD employee, called a Hearing Officer, will conduct a hearing at which the police officer will testify and you or your attorney will have an opportunity to cross-examine the police officer. You will also have an opportunity to testify. You should always consult with an attorney before testifying at a DLD hearing to evaluate your risk of making incriminating statements that could harm your criminal case.
Standard of Proof
The hearing officer will determine whether the police officer has reasonable grounds to believe that you were in violation of the DUI statute. The standard of proof “reasonable grounds” is a very low standard of proof. Much lower that the criminal standard of “beyond a reasonable doubt,” and lower than “clear and convincing” or even “preponderance of the evidence.” Reasonable grounds is not defined. It probably means something like, “to the hearing officer’s satisfaction.” This is a very low standard, which means that it is easy for police officers to meet their burden and most of the time the DLD will suspend a person’s license. You may wonder if it is even worth requesting a hearing if the standard of proof is so hard to overcome. Another benefit to having a hearing is that your attorney has an opportunity to cross-examine the police officer. Any information your attorney can get out to the police officer at the DLD hearing may be helpful for your court case.
Driver License Suspension
The DLD will suspend your license for 120 days for a first offense if any of the following occur:
- You fail to request a DLD hearing within 10 days of your arrest
- You fail to show up at your scheduled hearing
- The hearing officer finds that the police officer had reasonable grounds to believe you were violating the DUI law.
The DLD will not suspend your license if any of the following occur:
- You request a hearing, show up, and the police officer fails to appear
- The hearing officer finds that the police officer did not have reasonable grounds to believe you were violating the DUI law.
If you are facing a DUI charge in Utah you should contact a Utah DUI Attorney to see how this charge can affect your driver license.
]]>Last Wednesday a Nevada judge dismissed charges against Jean Soriano, who was charged with “DUI causing serious bodily injury or death.” Soriano was charged after a March 30th accident resulting in the death of 5 people. The equivalent charge in Utah is Automobile Homicide. The Automobile Homicide statute criminalizes operating a motor vehicle in a negligent manner which causes the death of another WHILE having a blood alcohol content of .08 or greater or being under the influence of alcohol or drugs to a degree that render the person incapable of safely operating a vehicle. Automobile Homicide is a second degree felony which carries a prison term of 1-15 years.
Dismissal of an automobile homicide case is no small feat and something that judges take seriously. In the Soriano case, investigators found blood and DNA evidence indicating that Soriano was not the driver of the vehicle. The night of the crash Soriano told police that he had been driving. Blood test show that his BAC was .12 at the time of the crash. Later he recanted, claiming that another person in the vehicle, Alfred Gomez, was actually driving and threatened Soriano until he agreed to claim responsibility for the accident. Investigation revealed “a footprint on the driver’s door and blood drops on the passenger window” which showed that Soriano couldn’t have been behind the wheel at the time of the crash.
Unfortunately, Gomez, the actual driver was not tested for alcohol while he was in the hospital. That failure will probably foreclose the states ability to charge Gomez with automobile homicide. Additionally, Gomez’s whereabouts are not known at this time.
Automobile homicide cases require expertise in the field of DUI and criminal defense in general. A Utah Automobile Homicide Attorney can help you defend against an Automobile Homicide charge.
]]>In Utah, judges use sentencing guidelines as a tool, when deciding what an appropriate sentence should be. Most of the time, the court stays within those guidelines, but will be influenced by factors like:
- Prior criminal or juvenile record
- Supervision history and risk
- Crime and category
Sentencing judges are allowed to factor into guidelines criteria that worsen or aggravate the crime, and criteria that lessen, or mitigate criminal behavior.
Aggravating factors include:
- Repetitive criminal conduct
- Offender presents threat of violent behavior
- Injury to person or property was severe
- Victim was especially vulnerable
Mitigating factors include:
- Offender is young
- Crime was committed under strong provocation
- Actions taken did not cause or threaten serious harm
- Restitution is complete or nearly complete
The severity of Utah sentencing guidelines is balanced against the reality of limited resources available to the Department of Corrections (UDC). Statistics provided by the UDC currently show maximum prison capacity of just over 7,000 inmates. Current total prison inmate count stands at just under 7,000. So many convictions, so few resources.
Defendants without legal counsel fare poorly under Utah sentencing guidelines. If you are arrested, talk to a good defense lawyer. Listen closely and make sure you understand what needs to happen. Your future may depend on it.
]]>Domestic Violence Defense Lawyer
The Right Domestic Violence Attorney for your Case
Our lead domestic violence attorney, Steven K. Burton, is a former prosecutor who has handled hundreds of domestic violence cases. His extensive experience with these cases has shown him the best strategies for winning domestic violence cases and how to avoid the hidden traps in Utah domestic violence law. As a prosecutor, he oversaw domestic violence programs in multiple Salt Lake County courts. As a defense lawyer, he uses his in-depth knowledge to help people facing domestic violence charges.
When you hire Intermountain Legal, you get a team of attorneys who are dedicated to defending your rights and protecting you from serious future consequences. Because our team has experience on both sides of the legal system, we know what works and what doesn’t. The domestic violence laws in Utah are extremely strict and can cause long-lasting consequences. The attorneys on the other side are professionals, and without a professional on your side, you are facing a losing battle. Our experience will help you level the playing field and give you the best chance for success.
The Challenge of Defending Domestic Violence Cases
Over the past several decades, domestic violence laws across the country have become more and more strict. Utah is no exception. Utah lawmakers have tried to “crack down” on domestic violence by making more laws and increasing the penalties.
Unfortunately, these strict laws have caused serious problems for more people than expected. The laws are now so broad that people often commit domestic violence without realizing it. If you have ever gotten upset with a family member or roommate and intentionally or accidentally broken something, chances are you’ve committed domestic violence. Or if you have ever pushed or slapped or hit someone you lived with, even once, you could be convicted of domestic violence.
The current domestic violence laws also pressure police officers to make an arrest and file charges even in unclear or minor cases; and if they don’t, they have to justify their actions in a report. This means that many people who would have never been charged 15 or 20 years ago, are now going to jail and facing life-long consequences for anything domestic violence-related. If you are convicted of domestic violence today, you can lose your job, your ability to volunteer, your right to travel to certain countries, and your right to own a firearm. The potential fines, jail time, classes, and probation can also be severe.
Contact an Experienced Attorney
If you have been charged with domestic violence, you will need an experienced criminal defense attorney on your side. The domestic violence lawyers at Intermountain Legal deal with domestic violence cases day in and day out. We have handled nearly every type of domestic violence case and have had great success in many courts throughout Utah. If you are looking for a Utah domestic violence attorney who knows the ins and outs of the law, please call to speak with one of our attorneys today. We will ensure that your case is evaluated by a legal professional with experience in handling your type of case.
If you have been charged, contact Intermountain Legal in Salt Lake City for your free consultation. We will analyze and discuss your options with you and provide valuable legal insight for your situation. To contact a Utah domestic violence attorney throughout Northern and Central Utah, call 801-990-4200.
For additional information on Domestic Violence, see the following sections:
- Utah Domestic Violence Basics
- Utah Domestic Violence Penalties
- Utah Domestic Violence Defense
Criminal defense attorneys have a number of approaches available to minimize, or in some cases even eliminate, the charges in an automobile homicide case. Depending on the specifics of your situation, these may include:
- Contesting the validity of the blood alcohol level test. If alcohol was involved, faulty equipment, improper administering of the test, careless handling of the evidence, circumstances that can alter test results — all of these are challenges that must be overcome by the prosecution in order to prove guilt.
- Questioning the actions and credibility of the arresting officer. If your rights were violated in the course of the arrest, or if there is reason to believe the arresting officer acted improperly or without reasonable cause, some evidence may be found inadmissible, damaging the prosecution’s case against you.
- Plea-bargaining to a lesser charge. Utah recognizes two levels of automobile homicide: a second-degree felony based on a charge of operating a vehicle in a criminally negligent manner, and a lesser third-degree felony based on simple negligence. In many cases, a defense attorney can get charges reduced from a second-degree to a third-degree felony by arguing that the defendant’s actions did not constitute criminal negligence. Such negligence is defined as a gross deviation from the care an ordinary person should exercise to avoid a substantial and unjustifiable risk (which can be very difficult for the prosecution to prove). If you are a first-time offender, you may be able to have your charges reduced even further.
What Doesn’t Work: Trying to save money by forging price tags at the dollar store: “Sir, is this your handwriting?” “Umm…no.” “You know this is the dollar store, right?”
What Works: Saving lots of money by not shoplifting…especially at Walmart! If you are caught shoplifting, you can be charged criminally and sued civilly. If you are found guilty of misdemeanor shoplifting the standard fine is $623 on top of the cost of what was taken. Also, if you shoplift from a large company, they will usually sue you civilly. Most companies will make you pay $200—400 for their costs, but Walmart will usually sue for about $700 (for security equipment, personnel, and various other fees). In some cases, people who have been caught stealing socks or underwear have been asked to pay fines and civil penalties totaling more than $1,300.
Also, if you have a shoplifting / retail theft conviction on your record it will be there for a minimum of five years, and can affect what kind of a job you can get. If this is a first-time shoplifting /retail theft charge, you may be able to keep it off of your criminal record. A good criminal defense attorney can tell you the best ways to do that.
]]>Our two-attorney criminal defense law firm in Sugarhouse is looking for a part-time legal assistant or paralegal to perform a wide range of office duties including: interacting with clients, business writing, document generation, scheduling, bookkeeping, scanning, filing, etc. The position requires 20 hours per week with the possibility of becoming full-time. The pay is $14-16 per hour without benefits. Applicants will be expected to work a set schedule, but there will be options of morning, midday, or afternoon hours or a four-day work week.
Requirements
Applicants should be organized, detail-oriented, and have excellent written and verbal communication skills. Applicants must also be personable and willing to learn new job skills. Applicants will be expected to begin between February 15th and March 5th.
How to Apply
Contact: Ashley
Email: [email protected]
Closing date: Please email resume to [email protected] before close of business on Feb. 7th, 2012.
What Works: Don’t give out your leftover meds! Whenever I got injured in college my mother would give me prescription pain medication that my family had leftover in our medicine cabinet. At the time, neither of us knew that she could be charged with a felony! Many families do the same thing to save on medical bills. You should be aware that you can be charged with a felony for giving your prescription drugs to somebody else, even if they truly need it. (Don’t worry Mom, we are well beyond the statute of limitations for felonies).
]]>What Works: Whether it’s a traffic case or felony case, you should always plead not guilty at first. 
Most people think that the court will be more lenient if they just accept responsibility. Unfortunately, that‘s not how the system works. Any good criminal defense attorney will tell you that people who plead guilty up front almost always receive higher fines, more jail time, and longer probation because the judge will impose the standard punishment with no chance to negotiate. If you plead not guilty at first, you or your defense attorney will get a chance to tell the prosecutor your side of the story and negotiate a lesser penalty. So, unless you are charged with something less serious than what you actually did, never plead guilty before you’ve had a chance to negotiate your case!