Elementary Teacher Cited for Public Intoxication

Teacher Drunk During School

Earlier this month a Pleasant Grove special ed teacher was called to the principal’s office after an an anonymous tip suggested that she was intoxicated. Police officers administered a breathalyzer test which revealed that the teacher, Kaylee Hoffman, had a blood alcohol level of .043. Hoffman was cited for public intoxication, a class B misdemeanor, but police decided not take her into custody. Witnesses report that it was not obvious that Hoffman was intoxicated, and stated that her intoxication level was very low. Furthermore, Lt. Roberts with the Pleasant Grove police department stated that Hoffman probably would not have been cited for public intoxication if she had not been in a public school filled with children.

Utah Intoxication Laws

From the account above it is clear that people need to make sure they are responsible when it comes to intoxication. At .043, Hoffman’s blood alcohol level wasn’t at a point that she could have been cited for a DUI if she had been pulled over, but given the circumstances she was cited for public intoxication. Also, blood alcohol level’s are a very precise measurement that can not be decided very accurately by a simple gut check by the individual, so it is always better to be safe than sorry. Meaning its better to find a ride than find out what your BAC is from an officer administered breathalyzer test.

Provo DUI Defense Attorney

No matter what the circumstances are in your case the defense attorneys at Provo DUI Defense can help. Our lawyers have defended hundreds of DUI cases and know how to argue for your rights. DUI charges involve serious penalties and require that you are serious in your defense. We offer free consultations and can help you understand your options and what actions are best in your situation. Call or email us today to set up an appointment and to get started in protecting yourself.

Intoxicated Driver Injures Helping Citizen

Good Deed Goes Punished

Over the weekend Edwin Tanner came upon a car at the intersection of 2300 East and 3300 South in Salt Lake that was stalled. Tanner stopped to help the vehicle and as he approached the driver he realized that the 57-year-old man inside was passed out with his foot on the gas pedal. Tanner put the car in neutral and began pushing and steering the car off the road with the help of some other people. As they were moving the vehicle the driver awoke and panicked, putting the car in drive and speeding off. Tanner was dragged about 10 feet before he was able to free himself.  The man in the car again passed out, ended up pinned against a pole by a police truck, only to wake up panic, ram the police truck and drive off again. Police eventually stopped the vehicle and the man was taken to the hospital and treated for severe alcohol poisoning. He was later arrested after his release, presumably on DUI charges.

DUI: Enhanceable Offense

One of the factors that sets DUI charges apart from some other criminal charges is that it is an enhanceable offense, meaning that if certain facts are in play the charge is increased and the penalties become more severe. One of these factors is bodily harm, meaning that if a person inflicts bodily injury upon another as a result of their drunk driving then they will be charged with a class B misdemeanor instead of a class A. This change results in a difference of the possible jail time going from 6 months to 1 year, and the possible fine going from $1,000 to $2,500.

Provo DUI Attorney

A DUI charge can be defended in many different ways because of these additional factors that can increase the penalties. It is important to have an attorney to help you understand these possible arguments and help you defend your rights. If you are facing DUI charges call Provo DUI Defense today, and we will help you fight for your liberties.

Interacting With Police

What To Do When Pulled Over

Almost all of us have had the expereince, we’re driving down the road and all of a sudden our anxiety level rises as we see the lights flashing in our rearview mirror. The knee jerk reaction for most people is to feel guilty. We may not know what we are guilty of but we just feel like we are. This feeling leads a lot of people to feel like they should admit to whatever the officers says because as long as they admit to it the police officer will go easy on them. Well these are all misconceptions about the law and law enforcement that need to be cleared up.

The Stop

The first thing to realize is that being stopped by the police does not mean you have done something wrong. Based on the law it should at least mean that the police officer has reasonable suspicion that there has been a violation, but unfortunately that is not always true. During a traffic stop an officer is limited to what he is allowed to do (obtain your license and  registration, investigate the reason for the stop), and it is important that you don’t consent to more than that.  As a citizen you are under no obligation to help the officer in his investigation, and in fact the constitution allows you the right to not incriminate yourself. Obviously, we are not advocating that you lie to the officer or keep him from doing his job, but it is important that you don’t admit to anything whether you think you are guilty or not. In most cases the individual does not understand the ins and outs of the law and does not understand whether or not they are truly guilty and admitting to something can lead to legal consequences later.

Submitting to DUI Testing

One of the areas that people help incriminate themselves is through sobriety tests. In Utah a person can refuse DUI testing, but doing so allows the police officer to arrest you. The benefit of resisting the test, however, is that without testing a DUI charge becomes difficult to prove. If you have already been charged with a DUI then you should call us today to get help with your case. 801.900.3371

Few DUI’s at Checkpoints

UHP Assists in Multiple Checkpoints

Holiday weekends usually result in a lot of partying and a lot of partying usually results in a lot of DUI citation. In an effort to keep impaired drivers off the roadways a number of city police departments set up checkpoint locations, and the Utah High Patrol troopers assisted in that effort. Some of the checkpoint locations included Lehi, Pleasant Grove and North Salt Lake. A couple of the stops however found no drunk drivers even though they stopped approximately 1,000 vehicles. UHP is claiming that the low number of citations is a result of people making better decision about not driving drunk, and while we’d all like to believe this to be the case, this explanation ignores the multitude of other possibilities for why DUI numbers were down this labor day weekend.

Legality of DUI Checkpoints

Although a lot of people consider everything a police officer does legal, others out there may be wondering how it’s legal for the police to set up checkpoint like the ones used this weekend in Utah. Although the constitution provides citizens the right to be free from unlawful search and seizure, these checkpoints fly in the face of reason and subject everyone in their path to police force regardless of reasonable suspicion. The constitutionality of said checkpoints were challenged in Michigan Dept. of State Police v. Sitz (1990), a case before the United States Supreme Court in which the court decided by a 6-3 decision that properly conducted sobriety checkpoints were constitutional. Chief Justice Rehnquist argued that the state interest in reducing drunk driving outweighed the minor constitutional rights infringement. Thus based on the Supreme Court DUI arrests that come from police checkpoints are legal.

DUI Defense Attorney

DUI charges carry serious penalties and are often hard to defend. With an experienced attorney however you can be sure that you obtain the best outcome available to you. Arguments questioning the constitutionality of certain police actions can often be successfully used in DUI cases and because of that you need an attorney to help you. Call us today to set up a free consultation to see how we can help you in your case.

Zion Curtain Extended

Beer-only Restaurants Also Need Partitions

This last spring two different bills passed the State Legislature that puts more restrictions on alcohol in Utah. One of the restrictions is the so-called “zion curtain,” which is a partition that separates drink mixing bartenders from restaurant patrons. The supposed reason for the partition is to keep these mixed drinks out of the sight of children, which is not very clear logic assuming the kids will see the restaurant patrons drinking the drink. The partition, which was originally only for mixed alcoholic drinks, now also applies to restaurants that only serve beer. This law requires that wait staff at beer only restaurants pour or pop the top on a bottle of beer in a backroom or out of site of patrons. Multiple representatives that have been questioned about the law are unsure why it was included in the bill and realize the ineffectiveness of such legislation.

Utah Liquor Laws

Obviously, the state of Utah is a little bit different in their laws concerning alcohol. The legislature may be a little out of touch with the general sentiment of their constitute, but regardless of the follies that are taking place at the state capitol the laws on the books right now are what will be enforced. Some of the laws concerning alcohol, however, are not strange to the area and will likely not be changing any time soon and those are the DUI laws. Regardless, of whether or not your beer was poured in front of you or not it is still your responsibility to not drive impaired.

Provo DUI Attorney

If you have been charged with a drunk driving charge, such as Impaired Driving, DUI, or DUI Metabolite, then it is important that you contact an attorney. Due to the unfortunate common nature of DUI offenses there can be significant negotiations with the prosecuting attorney and with the help of a lawyer you can get the best outcome available. Call Provo DUI Defense today to set up a free consultation. 801.900.3371

Cottonwood Heights Woman Suspected of DUI

Woman Drives on Sidewalk and Crashes into Wall

Earlier this month in Cottonwood Heights, Kelcee Ririe drove off a residential street hitting a brick mailbox and two different retaining walls. Ririe, who is 21 years old has had some DUI issues in the past when she was a juvenile, and paramedics stated that they detected a strong odor of alcohol on Ririe’s breath after the accident. The real scare of the incident is that Ririe had a 5 year old child with her in the vehicle. Not only is it concerning that she may have injured the child, but also according to statute Ririe could be facing more serious DUI penalties because of the presence of the child in the vehicle.

Utah’s DUI Penalties

In Utah DUIs are set up so that there is a baseline set off penalties for a DUI and then depending on the circumstances the penalties are increased. For example if a person has been convicted of DUI and it is their first offense and there are no other enhancements then the mandatory penalties by law are 48 hours jail/work service/home confinement, some alcohol classes and assessments, $1,332 fine, supervised probation, and possible Drivers License Division (DLD) action, like an interlock device or license suspension. From these penalties things only get worse if the person has had prior DUI convictions or there was an enhancement factor in the case, such as: a passenger under 16 in the vehicle, a death because of a DUI accident, or serious bodily injury because of a DUI accident.

Utah County’s DUI Attorney

Obviously the consequences of a DUI can be very serious and every little fact of your case can be very important and can have an effect on the penalties you will face. With the help of an attorney you can be sure that your case is handled properly and that you obtain the best outcome available. Call us today to set up an appointment. 801.900.3371

Intoxicated Man Arrested for Trespassing

Salt Lake Man Enters Homes While Drunk

Over the weekend the police received a call from two separate very concerned home owners who had an unwanted guest in their home. On Saturday, a 20-year-old man entered a home on 1700 South through an unlocked back door. The man was then confronted by the homeowner upon which he exited the home and hide in the back yard. After the homeowner yelled to the man that the cops had been notified the man ran to a home next door and did the same thing but remained locked in the home until law enforcement sent a K-9 unit in to bring the man under compliance. All of this took place while the man, Alexander Roegiers, was intoxicated. The initial investigation is into two counts of trespassing and public intoxication.

Irresponsibly Intoxicated

The story above is yet another example of the dangers that come with becoming irresponsibly intoxicated. Although alcohol consumption is not illegal it is heavily regulated and many people find themselves facing criminal charges simply because they did not take the necessary precautions to make sure their alcohol consumption was done within the confines of the law. Along with public intoxication, irresponsible intoxication could result in DUI charges, impaired driving charges, or even an automobile homicide if an intoxicated driver causes a death.

Making the Right Decision | Provo DUI Defense

If you are one of the many that has realized the gravity of their bad decisions a little too late and have been criminally charged, then call the lawyers at Provo DUI Defense. Our attorneys understand that everyone makes mistakes and will work hard to help you deal with those decisions moving forward. With our free consultations we can help you understand the legal process and what options are available to you. Call or email us today to set up an appointment. 801.900.3371

US Deportations and Drunk Driving

Obama Administration Send DUI Immigrants Home

Last year the Obama administration set a record for the number of criminal immigrants that were forced to leave the country. Of those deported a large number of them were sent home after drunk driving charges, in fact over 27,500 immigrants were forced to leave after a DUI charge. This number has more than doubled since the last year of the Bush administration which saw just under 11,000 immigrants deported following a DUI offense. Although Obama has stated that his immigration policies will focus on getting rid of the worst of the worst criminal immigrants the fact that so many are being sent home after DUIs and other traffic offenses tends to suggest differently.

Other Consequences of a DUI

The penalties of a DUI are usually measured by jail and court fines but there are other consequences of a DUI conviction that are often not mentioned and can sometimes be much more damaging. The deportation example above is one of those consequences but others could be a damaged reputation, loss of employment, or loss of government assistance. These sometimes unforeseen consequences are not administered directly by the judicial system but are however linked to a conviction. This is one reason why a conviction should be so aggressively fought, and the best way to do this is with the help of an attorney.

DUI Attorney in Provo

If you are facing DUI charges in Provo then you are facing more than just possible court imposed penalties and you need an attorney to help you defend yourself. The attorneys at Provo DUI Defense are experienced criminal defenders who are familiar with defending client’s DUI charges. We understand what is at a stake for you and your loved ones and will work tirelessly for your rights and liberties. Call us today to set up a free consultation. 801.900.3371

Lindon Man’s Killer Had DUI Warrant

Utah County Man Killed in Twin Falls, ID

On Friday morning the police in Idaho attempted to stop a vehicle for a traffic stop which subsequently turned into a high speed chase. The vehicle headed into Twin Falls and eventually collided with another vehicle upon which the suspects fled on foot. One of the suspects was apprehended but the other, Clark Cleveland, ran to a nearby hotel where he allegedly shot and killed Tracy Ivie, a Lindon resident. Cleveland eventually surrendered to police but not after taking a hostage and also shooting a police officer.

Charges and Warrants

Cleveland, who is now in custody, has been charged with aggravated battery of an officer and felony eluding police. Cleveland is also being detained on a warrant for a probation violation for a previous DUI charge. This warrant could have played into his decision to run from police, knowing that the police would find out about the warrant and detain him.

Continuing to Make Bad Decisions

Unfortunately, the criminal justice system is full of people that have made one bad decision after another. In Cleveland’s case by not dealing with the consequences of his actions and submitting to the traffic stop, he decided to run and endangering the lives of others and eventually taking the life of Tracy Ivie. If you have made mistakes and have been charged with a DUI then you need to make the decision now to stop the bad decision making before it escalates to something out of your control. By hiring an attorney you will be preparing yourself to be able to recover from your charges quicker and get back to your life. Call a Provo DUI lawyer today to see what we can do for you.

Heinz Ward Arrested for DUI

Driving Under the Influence is too Common in Utah

Many people in the Provo area and the rest of Utah enjoy drinking alcohol.  Whether it’s for personal pleasure or in a social gathering alcohol is part of the culture in Utah and the rest of United States.  Because so many people drink intoxicating beverages, it is no surprise that that there are many individuals that end up drinking and driving.  Drinking and driving is against the law and dangerous but, unfortunately, many end up doing it believing they are either not drunk, can still drive tolerably well, or just don’t care about the consequences of drinking and driving.  Many incidents of drinking and driving happen without any type of accident or the police catching the individuals.  When people do get caught, however, a Provo DUI defense attorney well help protect their criminal rights.

DUI Charges Filed Against Heinz Ward

With many people drinking and driving, it is usually not a big surprise when a famous individual such as a politician, an athlete, or an actor gets arrested for DUI.  One example of a person in the public spotlight getting arrested on a DUI happened last week.  Heinz Ward, a football player for the Pittsburgh Steelers and the winner of Dancing With the Stars was arrested for driving under the influence in Georgia last Saturday morning.  DUI arrests happen a lot but when a famous person is involved, everyone knows about it.

Heinz Ward is now in the spotlight for his DUI arrest.  He does not have the luxury of most people in Utah and other states of being able to quietly take care of his criminal DUI charges.  Instead he will be in the public eye as he facing the DUI penalties of a conviction such as jail time, fines, and loss of driving privileges.  Heinz Ward avows that he is innocent but if convicted of a DUI, his employment will probably affected.  Hopefully his DUI defense attorney is as good as a Provo DUI defense attorney.

For DUI Defense, Hire a Provo DUI Attorney

If you have been arrested in Utah for a DUI-alcohol or any other type of DUI related offense, call a Provo DUI defense attorney.  A Provo DUI defense attorney will help you resolve your criminal charges as quickly and quietly as possible so your life isn’t impacted to any great degree.  Call 801.900.3371 for a free consultation about your case today.