Believing That Your Case Is Special And You Deserve A Deal
Let's explode this myth right away. Every prosecutorial arm in Utah has either a standing or unwritten policy that explicitly prohibits any deals, negotiation, or deferred pleas on DUI's. And if that weren't enough, the Utah DUI statute actually discourages any such negotiation. So if a friend told you to forget a lawyer and that their friend got a deal, make them promise to pay your fine when it all goes South. You aren't getting a deal because its your first one, your BrAC was near .080, or for any other reason; it doesn't happen - even cops get prosecuted (and fired as it were) for DUI's. When a person wants to know about the workings of a complex governmental system, it just makes common sense to ask the people who work in the system every day; not those who have "heard" anecdotal tales.
Unfortunately, the justice system doesn't care that you teach underprivileged kids, volunteer at the fire department, or routinely overpay your taxes; and in point of fact, such evidence is prohibited from introduction into the process. Furthermore, the system doesn't care that the cop who arrested you tightened the handcuffs until they left marks on your wrists, verbally abused you for drinking at all, or purposely lied to you in order to get you to admit how much you had been drinking.. In fact, that kind of abuse has absolutely nothing to do with the criminal charge against you (rather it is an unrelated civil complaint), and is rather more routine than we'd like to see. So while you may be rightly outraged for such behavior (as we are), don't think that you understand or know how to play this thing called criminal justice, because even criminal defense lawyers are intimidated by its rather impervious nature - it is a leviathan of unequaled power and mass.
If you want to play the odds, which are certainly much more in your favor when compared to pleading guilty, you hire a lawyer schooled in the area. What you do not do is get a copy of the police report, represent yourself at the DMV hearing, and then plead your case to the prosecutor while spilling all sorts of admissions that can and will be used against you; in short, you play just as professionally as you can and as hard as the rules will allow - with a Utah DUI lawyer by your side. We wish it were different, but for now we are stuck with the rules as they presently exist.
Results that speak for themselves.
- HEBER DUI - 41 y/o m, Third DUI, Felony, single car accident, al. rest. dr, IID rest., 164 BAC, actual physical control case; RESULTS: NO FELONY DUI CONVICTION W/ 402 REDUCTION TO CLASS A; Sentence: 60 d jail w/ work release, 36 m., Sup. Prob., fine, MADD, PfL, IID, only 120 d. lic. susp.
- LGN DUI Case 088492033 LGN - 45 yr old male, Two DUI's One Week Apart: DUI - .197; DUI .212 BAC, Result: Single DUI CONVICTION - no jail; Sentence: 10 Week alcohol treatment program. 90 Day license suspension, ignition interlock, 12 mo. probation.
- Logan DUI - 33 y/o m, Felony third DUI (mandatory 62.5 d jail), RESULTS: DUI CONV. W/ 402 Reduction to Class A mis.; SENTENCE: 180 d jail w/ work release, fine, 36 mo. sup. prob., AA, MADD VIP, L. II PfL.
- Holladay / Cottonwood Heights: .320 UAC, DUI, Speeding. Results: Reckless Driving, non-alcohol related, No DMV Suspension, No Ignition Interlock . . .
- Tooele DUI - 45 y/o m, DUI w/ accident, .187 BAC, Poor SFST's; RESULT: Impaired Driving; Sentence: 48 h c/s, no jail, 60 d lic sus, MADD, PfL, Assess, No Ignition Interlock, 12 mo unsup prob.
- SC - 39 yr old male, (Trial) DUI - .000 BAC, Result: NO DUI CONVICTION - No license suspension, no ignition interlock
- NP - 26 yr old male, DUI - .81 BAC, Result: NO DUI CONVICTION, No license suspension, no ignition interlock....
- WDVR - 46 yr old male, DUI - .190 BAC, Result: NO DUI CONVICTION, No license suspension, no ignition interlock....
- GRNTSVLE DUI - 42 y/o fm, Second DUI, .248 BAC, RESULT: DUI CONVICTION; Sentence: No Jail, 48 h c/s, sup probation, MADD VIP, Interlock, Lic Sus.
- SLC - 24 yr old female, speeding/DUI - .110 BAC, Result: NO DUI CONVICTION, No license suspension, no ignition interlock.....
- SALT LAKE DUI - 57 y/o m, Second DUI (Mandatory 10 d jail), .176 BAC, open container; RESULTS: NO DUI CONVICTION, evidence suppressed on de novo appeal to district court; SENTENCE: None.
- RVTN DUI Case 07-9646787 CH/H - 35 yr old male, (APC-Trial) DUI - .197 BAC, Result: NO DUI CONVICTION - not guilty, No license suspension, no ignition interlock, Sentence: none.
- Vernal DUI - 29 y/o m, actual physical control case, .082 BAC, second DUI, RESULT: NO DUI CONVICTION, Sentence: Reckless Driving, 48 h c/s, PfL, MADD, one yr prob, no infractions.
- WEST VALLEY DUI - 37 y/o m, Second DUI, .137 BAC, single MC accid. w/ inj. (mandatory 10 days jail); RESULTS: BAC evidence suppressed, plea bargain to no jail, #2 DUI, SENTENCE: 240 h c/s, 12 mo.sup. prob., PfL, MADD VIP, fine.
- RVTN - 28 yr old male, TRIPLE DUI (Three DUI's In One Month) - #1 - Result: NO DUI CONVICTION, No license suspension, no ignition interlock
- SLC - 26 yr old male, DUI - .153 BAC, Speed Exhibition; Result: NO DUI CONVICTION - No license suspension, no ignition interlock
- CH/H - 28 yr old male, speeding/DUI - .370 BAC, Result: NO DUI CONVICTION, No license suspension, no ignition interlock.....
- Summit County DUI - .125 BAC, stopped for speeding, No DUI Conviction, No DMV license suspension, no ignition interlock . . .
- Morgan DUI & Poss. C/S - 24 y/o m, Third poss c/s (poss felony), first DUI, metabolite; RESULT; PIA Poss c/s, NO DUI CONVICTION; Sentence: 48 h c/s, PfL, U/A's, Assess, 12 mo unsup prob.
- Murray - 25 yr old male DUI .126 BAC, Speeding; Result: Impaired Driving, No Ignition Interlock, No Supervised Probation, Speeding dismissed.
- BOUNTIFUL DUI - 27 y/o f, Second DUI .245, (Mandatory 10 days jail); Sentence: DUI Conviction, Work Release/Home Monitoring, IID, 12 Mo.Sup Prob, fine, MADD.
- SLC - 23 yr old fm, Second DUI, .084 BAC, Set for trial; RESULT:NODUI CONVICTION; Sentence: Impaired Driving, no jail; loss of lic, ignition Interlock device, 48 hours c/s, MADD VIP.
- CLRFD - 23 yr old male, DUI - .80 BAC, Turn Signal; Result: NO DUI CONVICTION, No license suspension, no ignition interlock....
- WASATCH COUNTY DUI - 45 y/o f, Third DUI / 10 yr; charged as a felony, .135 BAC, + ETOH rest. dr., IID rest. dr.' NO FELONY DUI CONVICTION; reduced to second dui by disqualifying prior as enhancement; Sentence: 30 days ankle monitor, Sup. prob., all but DUI dismissed; MADD, PfL, fine, 12 mo. lic. sus.
- SLC - 49 yr old male, DUI - .178 BAC, Open Container, Result: NO DUI CONVICTION - No license suspension, no ignition interlock