Salt Lake Criminal Defense Attorney - Clayton Simms

new_clayton_about A criminal charge, whether it is a felony or misdemeanor, can be a life changing event. Clayton Simms is a fierce advocate for people who have been charged with misdemeanor and felony offenses. He represents clients who are facing charges in Salt Lake City and Greater Salt Lake County. In addition, he also represents clients along the Wasatch front. Clayton Simms represents defendants in other crimes Clayton has represented athletes, doctors, lawyers, and other notable people and has been featured on the news. Do you have a legal question? Contact Clayton Simms today!

Utah Foster Parent Arrested after Camera Found Hidden in Bathroom

A Utah foster parent is facing multiple charges after one of the children in his care discovered a camera hidden in the bathroom.

Foster parents in Utah

According to Utah Foster Care, there have been “13,129 foster families trained since 1999” in the state of Utah although many of those are no longer actively caring for children. Many of these families are comprised of caring individuals and couples who want to help give children of struggling parents a safe and stable home until they can be adopted or preferably reunited with their families. Although those who are trained to be foster parents have been carefully scrutinized to ensure they meet the requirements needed to provide a safe environment, sometimes those who should not be caring for children manage to slip through the cracks.

Discovery of hidden camera

Photo by: Sean H.

One of these individuals was arrested in Pleasant Grove, Utah on Saturday after a child in his care found a hidden camera in the bathroom. When the 15 year old juvenile male went into the bathroom to shower, he discovered a small camera hidden inside a candle present in the bathroom. The teen quickly contacted his sister who as a young adult, was no longer living at that foster home. The sister immediately alerted police who arrested 57 year old John Kimble with multiple charges including voyeurism, sexual exploitation of a minor, possession of child pornography, and child abuse related to reproachable behavior with the younger sibling. Due to his special position of trust as a foster parent, Kimble is being held without bail.

Be the change

While this may have been one terrible case of a foster family unqualified to care for children, many of the foster families that are active in Utah are loving people with stable homes to support those children brought into their homes. For more information on becoming one of these safe families for Utah children, contact Utah Foster Care. For legal help related to any criminal charges brought against foster parents, contact a reputable attorney.

Utah Celebrates the New Year as Reduced BAC Limit Officially Goes into Effect

Just in time to celebrate New Year’s Eve, Utah’s reduced BAC limit officially went into effect Sunday, but surprisingly did not result in an uptick of DUI arrests.

Drinking holiday

Photo by: BluEyedA73

New Year’s Eve is known for being a holiday that many spend intoxicated, whether through pounding beers with friends or sipping champagne at a party as the countdown to the New Year befalls. This holiday is so widely centered on alcohol that organizations such as AAA was offering those who were inebriated a free ride home for them and their vehicle in order to help reduce the number of drunk drivers on the road after midnight. Utah had its own way of getting ready for the holiday however, as the new reduced BAC limit went into effect a day prior to the festivities.

Utah’s reduced BAC limit

Utah’s new reduced BAC limit, or the legal limit of blood-alcohol content for drivers in Utah was set into motion in early 2017, amid protests from residents and businesses. Regardless of the backlash from the community, Utah lawmakers passed the new BAC limit with it going into effect December 30, 2018. Utah Code 41-6a-502 now states “A person may not operate or be in actual physical control of a vehicle within this state if the person:

(a) Has sufficient alcohol in the person’s body that a subsequent chemical test shows that the person has a blood or breath alcohol concentration of .05 grams or greater at the time of the test;

(b) Is under the influence of alcohol, any drug, or the combined influence of alcohol and any drug to a degree that renders the person incapable of safely operating a vehicle; or

(c) Has a blood or breath alcohol concentration of .05 grams or greater at the time of operation or actual physical control.”

Prior to the legal change of the allowable blood-alcohol content, Utah’s limits matched those around the county set at .08 grams. Now Utah has one of the lowest tolerances for alcohol use before driving than any other in the country.

When is “one too many”?

Photo by: Jeffrey Smith

While everyone can agree that drunk driving is a dangerous activity that kills hundreds of people each year, many Utah residents still scoff at the reduced BAC limit. Many of those who are upset at the new law are those who would like to legally enjoy a couple drinks with dinner or after work without worrying about finding a designated driver. One problem with the occasional social drink however, is the drastic difference in how it could affect each individual person and whether it could lead to “one too many” drinks before hitting the road. One shot of whiskey or a single glass of wine may have been okay for some without their BAC rising about .08. Others though become incapable of merely walking a straight line to their car, their BAC increased to a limit too dangerous to drive. Factors such as gender, weight, and stomach contents come into play which can dramatically change who gets buzzed and who doesn’t.

Taking no chances

In its own obnoxious way, Utah’s reduced BAC limit may be beneficial as it makes everyone a little more cautious before hitting the roads. Instead of Utah residents wondering if that glass of champagne went straight to their head or not, anyone who drinks can just assume they may come up over the new reduced BAC limit and plan accordingly. After mere hours after being put into effect, this way of further separating drinking from driving might already be working. Only 11 DUI related arrests were reported by UHP during New Year’s Eve this year compared to nearly 50 last year. Perhaps this increased intolerance can help further lower the number of Utahans killed each year by those who should not have been behind the wheel. For those who feel they have been treated unfairly according to this new law, contact a criminal defense attorney to discuss options moving forward.

Reckless Driver with Dab Pen Leaves Scene of Accident while Fleeing Demons

A reckless driver in Utah was arrested for leaving the scene of an accident and possession of a Dab pen after he rammed a school bus while reportedly fleeing demons.

Gotta get away

Photo by: Kevin Dooley

40 year old Brant Jay Diediker was arrested outside a Church of Jesus Christ of Latter-day Saint temple in American Fork Utah, where he apparently went to save himself from Satan who he claimed was chasing him. Prior to his temple visit, Diediker was reported to have rammed a school bus full of children. Not only did he hit the bus with the truck he was driving, he repeated this action several times. Officers questioned why Diediker would ram the school bus, and although his actions were intentional, it didn’t’ appear to be done to harm the children. Instead, Diediker was just attempting to save himself from the dark lord.

High or unstable

From his actions, it may appear the Diediker was under the influence of some type of hallucinogen but in actuality, all that was found on him was a form of marijuana. Different from the plant that only produces a severe high if laced or smoke in large quantities, Diediker had been using was is known as Dab, a highly concentrated form of THC that is made from marijuana. Dab, which is also known as butane hash oil is extracted from dried marijuana leaves which are soaked in butane. The butane then evaporates and leaves a potent resin in its place. This resin typically has three to six times more THC than is typically found in marijuana. Diediker had an electronic cigarette with some of this potent resin in it, together known as a dab pen, which may or may not have led to his scary flight from the devil himself.

Criminal charges

Photo by: The Vape Guide

During the course of his flight from evil, Diediker committed 29 offenses, including:

• 20 counts of aggravated assault, third degree felony each. Diediker could have faced these numerous charges due to how many kids were on the bus at the time of the incident. Utah Code 76-5-103 states “Aggravated assault is an actor’s conduct: that is an attempt [threat, or act] . . . committed with unlawful force or violence that causes bodily injury to another or creates a substantial risk of bodily injury to another; and that includes the use of a dangerous weapon [like a motor vehicle]”.

Aggravated robbery of a vehicle, a first degree felony. A person commits aggravated robbery if in the course of committing robbery [taking personal property in the possession of another]: . . . takes or attempts to take an operable motor vehicle.” While fleeing, Diediker took possession of another person’s vehicle that he then used to drive himself to the temple.

Leaving the scene of an accident. Although no one was reported to have been hurt, Diediker was charged with leaving the scene of an accident with injuries of which the penalties would consist of a class A misdemeanor or third degree felony if the injuries were serious.

Possession and driving with marijuana in his system. Diediker had a dab pen and at some point within the last few weeks had used it since it was in his system which together could result in a third degree felony and a class B misdemeanor.

Face the consequences

A few things remain unclear about Diediker’s scary incident and arrest. He may have been suffering from some mental illness or episode or perhaps he was in fact under the influence of potent THC from the Dab pen. If it was the latter, his charges should have resulted in a DUI. It also isn’t known if Diediker was a regular user of Dab or whether he was used to smoking old school joints and was trying something new for a change. Any form of marijuana that has THC in it is currently illegal in Utah for recreational use, and any actions someone takes while high are their responsibility, regardless of whether or not they were aware of the intense side effects. If Diediker was suffering from a mental disorder and not a bad high, he may wish to seek help from a medical professional as he moves forward in his case. For more information on current marijuana laws in Utah, or for help regarding crimes committed while mentally unstable, contact a reputable criminal defense attorney.