Utah Criminal Defense Trial Attorney / Ogden DUI – Drunk Driving....

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Utah DUI Charge / Arrest?

Hiring an experienced DUI Defense Attorney is a start. There are usually both Motor Vehicle and Court Proceedings.

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Fight to save your license! If you drive after losing your license, you face substantial penalties..

Lawyer Mistakes

The Top 10 Mistakes Attorney's make in Drunk Driving Cases.

How To Avoid Them


 

Glen Neeley Attorney At Law 863 E. 25th Street Ogden, Utah 84401 801-612-1511 Office 801-612-1555 Fax

There are many possible challenges that can be made to the charges you are facing. You should have an experienced defense attorney on your side as soon as possible. As a skilled and knowledgeable Utah DUI Attorney, I know how and where to make the proper motions which force the DA to prove that all the steps used in your arrest were done properly.

Utah DUI Defense Trial Attorney - Driving Under The Influence in the State Of Utah

A skilled and experienced DUI trial attorney can give you a big advantage in your Utah DUI case.

Let me show you what I mean through an actual example.

I had a case in September of 2000 where my client (let's call him Joe) had been stopped by a police officer on a street around 4:00 p.m. on the street. He was having an argument with his girl friend. Because of the way in which the police stopped, tested Joe with field sobriety test, and arrested him, I filed several motions. I challenged the stop, roadsides, and arrest. I filed a motion to suppress the preliminary screening test, a motion to suppress statements and a motion to suppress the field sobriety tests.

I also filed a motion to suppress all the evidence. At the pre-trial hearing for consideration of my motions, the police officer admitted during questioning by the prosecutor that "I didn't know if he (Joe) had committed a crime, was about to commit a crime or what the circumstances were."

After stopping him he approached my client and testified that I did notice an odor of an alcoholic beverage coming out his breath, but I doubted the stop was even legal to begin with. So, during my questioning of the officer I was able to get the officer to admit that he never saw my client drive. He never saw my client commit a crime. The only basis for the officer arresting my client for a DUI charge was that a witness called in and said that my client was having an argument with a female. The officer had no personal observations that a crime was even being committed. In essence, I got the officer to tell me that he was strictly working on a hunch.

The end result was that we ended up taking his DUI case to a jury trial. My client was found Not Guilty in less than an hour. Six months later, I defended one of the jurors in a criminal matter. Before I go any further, let me tell you that I'm not promising that I can do the same in your case. That would be unethical. Every situation is different. That was pretty interesting , wasn't it? Let me give you another example.

Example 2: This one involves my client, I'll call Sam.

Sam was pulled over one night for speeding. The officer smelled alcohol and performed the Field Sobriety Tests. The officer gave Sam a preliminary breath test and then arrested him. The officer then took Sam to the police station and administered two intoxilyzer tests and the results were .15 and .17. This was Sam�s third DUI in 6 years. He was facing a felony charge and going to prison. The District Attorney would not offer Sam any kind of deal that would benefit him. We made the State to the preliminary hearing and put on evidence. For three hours, I interrogated the officer on his skills and his abilities to perform the Standardized Field Sobriety Tests. I learned that there were numerous errors on the officer's part.

Then, when the state just about had their case wrapped up, the magistrate asked for the affidavits that the intoxilyzer machine was working properly. The prosecutor did not have them with him. The prosecutor had no witness that could testify that the machine was working properly.

The magistrate found that there was not enough evidence to bind over my client for trial. The State filed a motion to reconsider, which the judge denied. The State then filed an appeal with the Utah Court of Appeals, which I responded to. The Utah Court of Appeals affirmed the magistrates decision. Since then, the State has filed a Petition to Reconsider.

In essence, you never want to give up. Sometimes, when things look really bad and all the evidence is stacked against you, out of the blue something goes your way. Never ever give up!

Could the same be true for you? I don't know now, but if you call for your free consultation, I will explore all these types of possibilities with you. The lesson to be learned from this example is that a case--your case--may be able to be defended by one or more challenges to the charges you are facing.

Could the same be true for you? I don't know now, but if you call for your free consultation, I will explore all these types of possibilities with you. The lesson to be learned from this example is that a case--your case--may be able to be defended by one or more challenges to the charges you are facing.

Call today and schedule an appointment at your earliest convenience, as an experienced Utah DUI criminal defense attorney with offices in Ogden, Utah, I offer a free initial consultation where you and I can sit down and discuss the DUI charge against you and what options are available to you. To assist you financially in paying any attorney fees, I offer flat rate fees and flexible payment plans that will allow you to hire me as your Utah DUI  defense lawyer so that I can start immediately to protect your rights. Contact the Law Office of Glen Neeley, Attorney At Law today or call directly at 801.612.1511