DUI with .20 BAC reduced to impaired driving, plea held in abeyance
DUI drugs w/multiple illegal drugs confirmed: pled to drug related reckless driving, no jail time and retained driver’s license
Acquitted at trial
Third-degree felony DUI: reduced to class A misdemeanor
DUI – Drugs: acquitted at trial
DUI with .21% BAC: reduced to impaired driving
DUI conviction w/.21 BAC blood draw appealed from justice court. Due to evidentiary issues, client pled to reduced charge of impaired driving.
DUI probation violation x3. Client on zero-tolerance probation due to previous violations. Continued matter several months to allow client to complete inpatient treatment. Probation was terminated successfully.
DUI with .173 BAC pled at justice court and appealed. Filed motion to suppress based on Fourth Amendment issues of unlawful detention and no PC to arrest. Client pled to careless driving, class C misdemeanor.
Client was charged with DUI, improper left turn, improper right turn, failure to maintain a single lane of travel, no insurance and driver’s license not in possession. The arresting officer was on an ego trip and his attitude and poor training were evident on the dash-camera video. Client pled to driver’s license not in possession and improper left turn; all other charges were dismissed. Paid a fine of $130 and case closed.
Client on felony probation for DUI when charged with new DUI offense. New offense pled to reckless driving; fine and court probation to run concurrent with her felony probation.
DUI with a .30 BAC. Significant driving pattern showing impairment, but due to potential issues with search warrant for blood draw, reduced to impaired driving. Fine imposed and court probation.
Client charged with 3F DUI and reckless driving. After advising the prosecutor of our defenses regarding the toxicology (blood) results as well as the officer’s administration of the SFSTs, the DUI was dismissed and client pled guilty to reckless driving. Paid a $400 fine and 12 months court probation.
Client charged with DUI and lane violation (the DUI was a misdemeanor but his fifth lifetime). Client lost his license at the administrative hearing but we obtained a reversal of that order and had his license reinstated. Case was scheduled for a jury trial. Two days before trial, the state offered a plea of reckless driving (no enhancement). Client accepted the plea offer, paid fine and 12 months court probation.
Client charged with DUI (2nd Offense), a class A misdemeanor, involving accident with injury and reckless driving due to the head-on collision. This was a blood draw case with a significant BAC level. At the pretrial conference, the state was advised of the multiple evidentiary problems found with the blood draw/toxicology results that would be at issue. The DUI charge was dismissed; client pled guilty to reckless driving (no enhancement), paid a fine and court probation.
Client charged with DUI (2nd Offense) with BAC of .26. After discussions with the prosecutor, he acknowledged deficiencies with a lack of driving pattern and the probable cause to arrest. Client pled guilty to a reduced charge of impaired driving.
DUI/drugs, possession of drugs and drug paraphernalia; DUI charges dismissed after arguing evidentiary issues regarding toxicology. Client entered plea in abeyance to drug paraphernalia.
DUI prescription drugs dismissed. Client pled guilty to expired registration.
Client was charged with felony DUI (3rd w/in 10 years). The breath and blood tests showed legal BAC levels but state pressed forward in effort to show that client had an illegal BAC at time of driving. We filed a motion to exclude expert witness testimony regarding retrograde extrapolation (voodoo science to calculate BAC at time of driving based upon BAC at time of test). The state dismissed the case the morning we were scheduled to argue the motion to exclude expert witness testimony.
DUI w/accident, very high B.A.C. (3x legal limit). Client pled to a reduced charge of impaired driving due to arguments regarding the reliability of the B.A.C. result.
DUI drugs and felony possession of drugs. Case was dismissed after successfully arguing that client’s rights were violated because there was not sufficient probable cause to justify the warrantless arrest. The court granted defendant’s motion to suppress the evidence. The state moved to dismiss the case because they could not proceed without the illegally seized evidence.
Client was charged with DUI and speeding. She did very well on the field sobriety tests and appeared lucid and fully aware of what was happening during the investigation and subsequent arrest. Her BAC was rather low but above the legal limit of .08%. I learned that she was diagnosed with hypoglycemia several years ago. With that medical diagnosis and my understanding of the breath testing machines and how this medical condition can result in an artificially inflated BAC reading, we were able to get the DUI reduced to a straight reckless driving. She paid a fine and the case was closed.
Client was charged with DUI and several traffic violations. Her B.A.C. was above the .08 per se limit. After watching the dash-cam video, it was clear there were problems with the “Baker” observation period prior to the breath test. Discussing this information with the prosecutor resulted in a plea to reckless driving, non-alcohol related.
20 year old client charged with DUI (not a drop), alcohol restricted driver, speeding and littering. Advised client to enter into an alcohol class prior to the court hearing. With client taken the proactive step for counseling and me arguing the margin of error regarding the relatively low B.A.C., the prosecutor agreed to dismiss the two alcohol charges. Client pled to speeding and littering. Paid a fine and the case was closed.
Client was charged with DUI following a single vehicle accident with a stationary object. The client’s BAC was .20 and she was unresponsive when police arrived on scene. Client is a diabetic and was suffering a hypoglycemic episode which required treatment by EMS as the scene. Although client had been drinking, the .20 BAC was not reflective of the actual BAC. During the pre-trial conference with the prosecutor, I was able to educate him regarding diabetes and the problems with using a breath testing devise on someone suffering a diabetic episode. The client accepted a reduced plea to impaired driving.
Client was stopped for an illegal left turn; the police officer was directly behind him and observed this violation. According to the officer, the client “failed” the field sobriety tests. The client refused to submit to a breath test so the officer obtained a search warrant and obtained a blood draw from my client. The subsequent toxicology report showed a .07 BAC (a legal level). After a discussion with the prosecutor regarding the observed results of the standardized field sobriety tests, the lack of a driving pattern consistent with being unable to safely operate a motor vehicle, the DUI charge was dismissed. Client pled no-contest to the turn violation, paid a $90 fine and the case was closed.
Client is charged with DUI and failure to signal. The subsequent breath test shows a B.A.C. more than four times the legal limit. The case is set for jury trial and I explain to the prosecutor that our defense will be: you can’t drive that well, perform that well on the field sobriety tests and be four times the legal limit, therefore, your breath testing machine must be broken. One week before trial the city offered an impaired driving which the client accepted.
Client charged with felony DUI, alcohol restricted driver and driving on a suspended driver’s license. The arrested stemmed from an accident where my client crossed over the center line and his outside mirror struck the mirror of on oncoming truck. The toxicology results did not support the state’s charges nor did the officer’s statements on the dash-cam video reflect what he wrote in his arrest report. The felony DUI was amended to class B misdemeanor reckless driving (non-alcohol) and the alcohol restricted driver was dismissed. Client assessed a fine and placed on court probation. All jail time was suspended.
Client stopped for speeding and subsequently arrested for DUI. Client performed very well on the field sobriety tests and did not appear impaired on the dash camera video. Client advised me that she had been diagnosed with hypoglycemia several years ago. I provided documentation to the prosecutor regarding hypoglycemia and false positives with breath testing instruments. Prosecutor reduced the charge to a straight reckless driving. This is a non-enhanceable offense. Client paid a fine, no jail time and placed on court probation.
Client charged with DUI after being stopped for failing to dim his headlights. His BAC was 0.02% (yep, .06 below the illegal level). During search of client’s vehicle, cops find prescription meds in appropriate container and prescribed to client. Cops take blood after BAC is so low. After lengthy discussion with prosecutor regarding Rx meds in therapeutic range and very low BAC, which gives me great argument about officer’s training/experience, prosecutor agreed to dismiss all charges.
Client charged with felony and misdemeanor possession of controlled substances and DUI (.17 BAC). During the pretrial litigation, issues were raised questioning the validity and accuracy of the toxicology results and defenses to the possession of controlled substances. The DUI was amended to impaired driving and the drug charges were dismissed. Client was placed on probation; all jail was suspended.
Officers stopped my client based upon a concerned citizen’s report of my client weaving all over the road. The client had some criminal history with two prior DUIs and was subsequently arrested for felony DUI. His B.A.C. was 0.00% so officers conducted a DRE (drug recognition evaluation) to determine what type of drug(s) my client was using. The DRE’s evaluation was not consistent with the toxicology results which after lengthy discussions with the prosecutor and the DRE officer, the client pled guilty to careless driving, a class C misdemeanor.
Client was stopped for riding ATV alongside the highway on a designated dirt trail and charged with DUI. He refused to submit to a chemical test and the officer failed to obtain a search warrant for blood. We prevailed at the administrative driver license hearing even though it was a refusal case. During the pretrial discussions with the prosecutor I explained the problem with the stop/detention of my client, the mistakes made during the administration of the field sobriety tests and the lack of a chemical test. Prosecutor agreed to dismiss the case.
Client charged with DUI-metabolite (Rx meds) after officers stopped his vehicle based upon an ATL (Attempt To Locate) regarding a possible drunk driver. The client failed the field sobriety tests and submitted to a blood draw. The toxicology results were positive for Ambien. However, after pretrial discussions with the prosecutor where I explained the defects in the validity of the field sobriety tests for any substance other than alcohol and the minimal observed driving pattern, the charge was amended to a straight reckless driving.
Third-degree felony possession of meth: evidence suppressed, case dismissed.
Possession of marijuana and drug paraphernalia: evidence suppressed, case dismissed.
Possession of marijuana: evidence suppressed, case dismissed.
Third-degree felony possession of hashish, misdemeanor possession of marijuana and drug paraphernalia: Pled to class A misdemeanor, no jail time and two months court probation
Distribution of controlled substance x2 (second-degree felonies) dismissed after successfully completing diversion agreement.
Possession of controlled substance w/intent to distribute (2F) and possession of drug paraphernalia (MA) held in abeyance for 18 months. $1,000 PIA fee, no drug classes or testing. Plea offered due to potential 4th Amendment issues regarding search of client’s home.
Client stopped for lane violation on Interstate 15. The vehicle was subsequently searched and officers found 40 lbs or marijuana in the trunk. Client charged with felony possession w/intent to distribute. The defendant filed a motion to suppress evidence based upon 4 th Amendment violations. Three days before the evidentiary hearing, the state offered a MA, fine and court probation.
Client was charged with smuggling an intoxicant into a correctional facility as well as open container of alcohol in a vehicle and public intoxication because he consumed an alcoholic beverage in his vehicle while waiting to visit a family member at the prison. After reviewing the police report and talking with the prosecutor regarding the deficiencies in the state’s case, the original offer or pleading to a class A misdemeanor, smuggling contraband, was modified to a class C misdemeanor, public intoxication. Client paid a fine of $200 and the case was closed. The client was happy to close this out with just a fine and no ongoing counseling.
Possession of controlled substance w/intent to distribute (3f). Client pled guilty to possession (MA) with an agreement for a two-step, 402 reduction upon successful completion of terms of probation.
Client charged with felony possession of controlled substance and additional misdemeanor drug charges. Arrest resulted after client detained three hours on side of highway while waiting for the judge to issue a search warrant. I argued with the prosecutor regarding the validity of the detention and the defective search warrant. When defendant announced “ready” to proceed with the preliminary hearing, the state dismissed all charges.
1st degree felony rape: dismissed
2nd degree felony forcible sexual abuse: dismissed
2nd degree attempted rape of a child and 2nd degree felony enticing a minor over the Internet: attempted rape charge dismissed, pled to 3rd degree felony with county jail time.
Child pornography charges filed in federal court due to number of images and videos located on client’s computer. Client cooperated during investigation and subsequently entered a guilty plea. Successful sentencing arguments resulted in supervised probation with credit for the five days jail served.
Client charged with 1F, attempted forcible sodomy, MA, voyeurism and two MB extortion. The state’s offer prior to preliminary hearing was a 2F and MB. We countered back for two MB. Prosecutor was annoyed at our counter offer and refused any further plea negotiations. Within a week of scheduling the preliminary hearing, the state called and agreed to two class B misdemeanors.
Client charged with rape and sodomy, both first degree felonies. Client admitted to a physical relationship with victim but denied the allegations. We had our investigator interview additional witnesses which the police failed to contact. With that additional information, the state offered a plea to one count of sexual battery, a class A misdemeanor. Client was ordered to complete a sexual counseling course and pay a fine. All jail time was suspended.
Client was charged with 14 first-degree felonies stemming from an alleged ongoing sexual relationship with an underage female. After locking the “victim” in to her version of the facts at the preliminary hearing, we went on the offensive to prove that the “victim” was lying. We provided numerous pieces of exculpatory evidence to the prosecution which discredited the allegations made by the “victim.” After fourteen months of battling with the prosecutor, the state dismissed all charges against my client.
Domestic violence assault: dismissed
Domestic violence assault (enhanced): dismissed
Domestic violence criminal mischief, trespass and intoxication: pled to intoxication, other charges dismissed, $180 fine
DV assault with serious injury and intoxication charge. DV charge dismissed, client pled guilty to intoxication. Paid fine and case closed.
DV assault pled to disorderly conduct w/out the DV enhancement.
DV assault and DV in presence of child dismissed the morning of trial.
Client and live in girlfriend each charged with domestic violence assault. Police report was sketchy as to who was primary aggressor. During pendency of litigation, the client and alleged victim got married. Both parties filed notice invoking spousal privilege advising the prosecutor and court that neither would testify against each other. The court asked parties to brief the legal issues regarding spousal privilege. At the commencement of the supplemental hearing, the prosecutor moved to dismiss the case against client and his spouse.
Client charged with aggravated assault (domestic violence). Victim/husband gets attorney to represent him and he invokes spousal privilege and notifies court that he will not testify against my client. Also advised client and spouse to begin counseling. State dismissed charges due to inability to proceed with case without a willing victim.
Assault And Battery
Child abuse (MA) dismissed when case set for trial. Case refilled in justice court as a simple assault (MB). Case set for jury trial and was dismissed the morning of trial.
Client charged with felony, aggravated assault w/deadly weapon. We filed numerous motions and battled this case on several fronts. After the court denied all of our motions, this matter was set for a two-day jury trial. Two days of trial and ten witnesses questioned by lawyer, the jury returned a not guilty verdict.
3rd degree felony aggravated assault: pled to disorderly conduct (class C misdemeanor).
Client charged with attempted homicide and aggravated assault based upon a mutual combatant situation. The attempted homicide was dismissed at the preliminary hearing. The states’ plea offer was to plead guilty to a second degree felony, aggravated assault, or go to trial. We set the matter for a two-day jury trial. Three days before the final pre-trial conference, the state offered a class A misdemeanor assault. Client happily took that plea.
Client charged with MB assault and MB threat of violence. The plea offer was rejected and case set for jury trial. The defense filed a motion for criminal history on the victim and state’s witnesses. Two days before trial the state dismissed all charges.
Client charged with aggravated assault and assault by a prisoner, both 3F’s and six other misdemeanor charges. During the preliminary hearing, several inconsistencies in the officers’ reports and testimony surfaced. The case was scheduled for trial. At the final pre-trial conference, prosecutor offered two class B misdemeanors. Client was placed on court probation and ordered to pay a fine.
Client was stopped on I-80 for allegedly failing to signal for two seconds before changing lanes. The trooper deployed his K-9 and stated that it alerted on the vehicle. A search of the vehicle resulted in a seizure of $90,000 in cash, but no illegal substances or drug paraphernalia. The police seized the money but didn’t even cite the client for the signal violation. After obtaining the dash-camera video from the trooper’s vehicle and seeing some violations of my client’s rights, the negotiations with the prosecutor resulted in a return of $76,000.
Client was stopped for a “traffic violation” on I-80. The officer detained him for a lengthy time while he questioned him about his travel plans and items he may have in the vehicle. The officer asked for consent to search his vehicle and the client denied that request. The officer subsequently searched the vehicle anyway and located $90,000 in cash. The police seized the money and sent my client on his way. We filed an objection to the seizure citing constitutional violations. The state of Utah agreed to a resolution and returned $76,000 to my client.
Client was stopped on I-80 for an alleged lane violation. The officer asked lots of questions of my client in an attempt to gain some incriminating statements but failed at that task. The officer asked for consent to search the vehicle and that request was denied. The officer then had my client follow another officer back to the police station (the two officers had my client’s vehicle boxed between their vehicles) so that a K-9 could perform a search of the vehicle. After a lengthy delay, a K-9 arrived and allegedly alerted on the vehicle. A subsequent search of the vehicle produced $55,000 in cash. The police seized the cash and filed for forfeiture of those funds. We fought the forfeiture and argued that my client’s constitutional rights were not just violated but trampled by the officer during his investigation. The state ultimately dismissed the forfeiture action and returned the full $55,000 seized.
Public Intoxication And Disorderly Conduct
Intoxication, disorderly conduct; dismissed
Disorderly conduct and public intoxication dismissed the morning of trial
Client charged with (3F) damage to jail/correctional facility and (MC) intoxication. Negotiated a dismissal of the felony and client pled to the intoxication. $90 fine and complete an alcohol assessment; case dismissed upon payment of the fine and proof of assessment.
Appealed disorderly conduct case from justice court to district court; dismissed the morning of trial
3rd degree felony forgery: dismissed
Class A misdemeanor theft: dismissed
Probation violations: dismissed after evidentiary hearing where defense proved State did not prove the allegation
Child abuse dismissed day before jury trial
Terroristic threats: acquitted at trial
Client arrested for obstruction of justice (3F), providing alcohol to minor (MA), contributing to delinquency of minor (MB) and open container of alcohol in veh (MC). After numerous pre-trial negotiations and follow-up investigation, case was scheduled for a preliminary hearing. Client pled to open container in veh, (MC), $100 fine. Other charges dismissed.
Client was charged with 3F witness tampering. After several court appearances, the case was scheduled for a preliminary hearing. The case was dismissed when the defendant announced ready to move forward with the prelim.
Client charged with two counts of filing false police reports to police and three counts of solicitation of a prostitute. The case was set for a jury trial. After defense filed a notice to intent to use witness’s prior criminal convictions to impeach her testimony, the city dismissed all charges.
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