DUI Criminal and Civil Procedure Is More Important Than The Truth !
There . . ., I said it - DUI procedure both civil and criminal is more important than the truth, or facts of the case. You have no idea what you are in for unless you have been in trouble before, and even then; court and DMV procedure has undergone such radical changes that even criminal lawyers have a hard time keeping up unless they are dealing with the DMV every day. Remarkably, or perhaps not, the fact is that you can get two different answers to the same question from the DMV/DLD on the same day - it's that complicated. If you are completely innocent of charges brought against you, and because of sickness you are unable to appear, and as a result the process goes forward and the system convicts you, in absentia as it is called, that conviction is just as valid as someone who has defended themselves properly.
Timing Can Lead To Your Success Or Failure
Never plead guilty without learning about Utah DUI criminal rules. Many people just go along for the ride, even when their DUI is charged late and not prosecuted for a while - did you know about your speedy trial rights? Again, unless you ask for them the court won't enforce them and will let the prosecution run right over them; but if the prosecution does not prosecute your case promptly, the case can be dismissed entirely without the chance of re-filing! Timing is EVERYTHING in both the DMV and the COURT process, and you cannot change or alter this; there are literally time limitations for everything in both the civil and criminal side and failure to do this results in progressively worse things, ending with jail. You cannot act like an ostrich here; rather you must become aware of each and every time limit, and act accordingly, with a lawyer or without one. Failure to ask for a Utah Division Of Motor Vehicles administrative hearing; a DMV hearing results only in license suspension, but failure to appear at a court arraignment, pretrial, or any other court date (whether you know about it or not) will result in an arrest warrant, arrest and suspension of your drivers license (even if the license is out of state). Take time seriously because the court and prosecutor will, and they will use it against you and possibly sentence you to jail for contempt of court.
Results that speak for themselves.
- 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.
- 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.
- CH/H - 28 yr old male, speeding/DUI - .370 BAC, Result: NO DUI CONVICTION, No license suspension, no ignition interlock.....
- Holladay / Cottonwood Heights: .320 UAC, DUI, Speeding. Results: Reckless Driving, non-alcohol related, No DMV 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.
- 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 - 28 yr old male, TRIPLE DUI (Three DUI's In One Month) - #1 - Result: NO DUI CONVICTION, No license suspension, no ignition interlock
- SC - 39 yr old male, (Trial) DUI - .000 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 . . .
- 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.
- SLC - 49 yr old male, DUI - .178 BAC, Open Container, Result: NO DUI CONVICTION - No license suspension, no ignition interlock
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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 - 24 yr old female, speeding/DUI - .110 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....
- NP - 26 yr old male, DUI - .81 BAC, Result: NO DUI CONVICTION, No license suspension, no ignition interlock....
- CLRFD - 23 yr old male, DUI - .80 BAC, Turn Signal; Result: NO DUI CONVICTION, No license suspension, no ignition interlock....
- 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.
- SLC - 26 yr old male, DUI - .153 BAC, Speed Exhibition; Result: NO DUI CONVICTION - No license suspension, no ignition interlock