A Plea in Abeyance (or PIA) is an agreement between the defendant and the prosecutor in a criminal case. It involves the defendant and prosecutor agreeing to specific terms that the defendant will complete in order to prevent the charges from going on their criminal record.

Once, the defendant and prosecutor have come up with an agreement, the judge holds the agreement in place until all the agreed upon terms are completed.

Typical PIA terms may include:

A Plea in Abeyance’s terms is usually a combination of the two or three terms listed above. However, it is rarely just one of the terms.

The pleas for any given charge will also vary person-to-person and county-to-county. An  PIA agreement for  someone in one county may differ from the agreement given to someone in another county. However, many PIAs are held for at least 6 to 12 months.

Is a PIA a conviction?

No. A PIA does not go on your record like a flat-out guilty plea does. It allows the judge to dismiss your charges once you’ve completed your end of the agreement.

Getting a Plea in Abeyance is similar to getting a speeding ticket and then going to traffic school in order to keep the ticket from going on your driving record.

Can I expunge a PIA?

Yes. Read our information about expungements here.

Click here, to read the official definition of a Plea in Abeyance in Utah.

This kind of plea deal is one of the most ideal outcomes other than a case dismissal. Hiring an attorney is the best way to go if you want to get a deal like a Plea in Abeyance.

Call us today (801) 990-4200

AAA Utah has offered to help partiers get home safely from their Super Bowl Parties this year. All you have to do is call AAA and ask for a tipsy tow. Here are the details:

Phone: 800-222-4357 (AAA HELP)

Magic Words: I need a tipsy tow.

Hours: 6 p.m. Feb. 3rd to 6 a.m. Feb. 4th

One you make the call, you will receive a free ride and a car tow of up to 10 miles. Others may ride with you if there is room in the tow truck. For those of you who are thinking ahead – No, you can’t make a reservation. You’ll just have to wait to call until you are ready to go home.

Estimates of the cost of a DUI in Utah range from $3,700 to $10,000. Quite worth the few minutes it takes to make the phone call. Utah has one of the lowest rates in the nation of alcohol related crash deaths with only 16 deaths in 2012. Let’s help keep that down by spreading the word that a free tipsy tow is available to those who are partying.

In the unfortunate circumstance that you find yourself charged with DUI in Utah, call an experienced Utah DUI Attorney at 801-990-4200 for a free consultation.

From Intermountain Legal we wish you a happy Super Bowl Sunday. Stay safe and may the best team win!

On-duty police officers reported that Gilhuly became belligerent as they transported him to the police station. He turned on his own and began swearing at his comrades. After he kicked out the back passenger window of the patrol car he was restrained in a “special suit.” No word on what that special suit is. Gilhuly refused to take the breath test.

Unfortunately this officer’s “training and experience” did not oblige him to submit to a breathalyzer. Also, unfortunately for him, most states, including Utah, have an implied consent law that requires a person suspected of DUI to submit to a chemical test. Refusal to submit to the test usually results in an 18 month suspension of your driving privileges. The news story did not reveal whether the police obtained a warrant to seize his blood. However, it would not surprise me if they did not get a warrant and do not have a BAC.

Most DUI Lawyers would tell you that it is probably a bad idea to refuse the intoxilyzer breath test. Most of the time the police will get a warrant to seize your blood. Also, if you refuse your license will most likely be suspended for 18 months. So you end up with an 18-month driver license suspension and the police end up with a BAC even though you refused. If you go ahead and submit to the breathalyzer, you may end up with a 120 day suspension for a first offense and the police will have the BAC.

If you have been charged with a DUI in Utah call a Salt Lake City DUI Lawyer for a free consultation. Quick action can be the difference between keeping or losing your license. Every DUI arrest is different and a criminal defense attorney can advise you about the best action to take.

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.

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 Works: Keep your registration and insurance current on any vehicle you drive. Officers often run “registration and insurance checks” on nearby vehicles at stoplights or on vehicles they want to pull over and search. If your registration or insurance is expired, they can use that as an excuse to stop you and look for other crimes to charge you with.

What Works: Avoid being in your car with your keys if you have been drinking. Surprisingly, many people are arrested for DUI who go to their car just to wait for a friend or to sleep it off! If you are in your car, with your keys, and over the legal limit, you can be found guilty of DUI even if you never started the car or drove anywhere.  If this has happened to you, you can get more information by clicking on this link: Salt Lake City DUI Attorney.

What Works: If you are pulled over for a DUI, politely decline to take any field sobriety tests (FSTs). FSTs include the “follow my pen with your eyes” test, the “walk the line” test, and the “one foot stand” test. Even sober people fail FSTs much of the time. You are required to take a breathalyzer or blood test if asked, and you should, but you are not required to take FSTs, so don’t! If you want to learn more about DUI’s, go to our DUI page.