In most driving under the influence (DUI) investigations police officer’s request that the person suspected of driving while impaired submit to field sobriety tests. In Utah, like most states, field sobriety tests are used by police officers t …
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Exigent circumstances: emergency situations or conditions which the law recognizes as excusing compliance with some procedural requirement, or recognition of another’s property or other interests. -Black’s Law Dictionary In April of 2013 …
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The driving under the influence (DUI) detection process begins when a police officer suspects that a DUI violation is occurring and ends when the police officer decides that there is probable cause to arrest the driver for a DUI violation. Typically …
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In Utah, it is unlawful for a person under 21 years of age to consume alcohol. Because of this, a person under 21years of age who is arrested for driving under the influence (DUI) is subject to additional criminal charges and driver license suspensi …
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In Utah, a person charged with either a class A misdemeanor DUI or a felony DUI is entitled to a preliminary hearing before a magistrate. At the preliminary hearing the State of Utah must present sufficient evidence to establish that a DUI has been …
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In Utah, impaired driving is a class B misdemeanor punishable by up to six months in jail[1] and a fine of up to $1000.00.[2] For many reasons that we will discuss below, impaired driving pleas are offered as a lesser, reduced charge (compared to …
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Usually, when a person states, “I was not read my rights!” they are referring to their Miranda Warnings/Rights. Miranda Warnings protect people from being compelled in any criminal case to be a witness against themselves.[1] The Miranda …
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In Utah, an informant can provide the information that the peace officer relies on to establish the necessary reasonable suspicion to justify a stop of a vehicle. The Fourth Amendment to the United States Constitution protects citizens from unlawful …
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In Utah, a peace officer, without a warrant[1], may acquire a blood sample[2] from a defendant, if the defendant consents[3] to the blood draw. However, the State of Utah bears the burden of establishing, by a preponderance of the evidence[4 …
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In Utah, a peace officer may draw a person’s blood without a warrant if the state can show by a totality of the circumstances that both probable cause and exigent circumstances justified the warrantless blood draw. Probable Cause exists wh …
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