Open Container One of Charges for Man who Head-butts Patrol Car

open container for head-butting man

Photo: SimplyElke

A man was arrested in Davis County on Wednesday, March 11, after allegedly smashing a window in a patrol car with his head and threatening law enforcement, among other things. While the man received a laundry list of potential charges which aren’t as common—both felonies and misdemeanors—the charge of having an open container in the vehicle is one that occurs a little more frequently.

A Perfect Example of “Disorderly Conduct”

According to a report in KSL News, at approximately 10:30 p.m. on Wednesday night, a Clinton patrol officer stopped Randy Duane Ochsner, 54, and was soon assisted by a Davis County Sheriff’s Office deputy. Believing Ochsner to be driving impaired—but not yet having discovered the open container… or other things in the vehicle which would get Ochsner in trouble—a field sobriety test was conducted during which Ochsner became agitated. After being cuffed against the passenger side of the patrol car, things just got worse.

According to Sgt. DeeAnn Servey, “He became very upset and decided to bash his forehead into the passenger rear window of the Davis County Sheriff’s patrol car, which led to the window completely shattering and several injuries to his face.”

When medical personnel responded, Ochsner was still reportedly belligerent, attempting to kick one of the EMTs and spit on both health care workers and responding officers, the latter of which landed him a “propelling a bodily substance” assault charge.

In addition, while traveling to a local hospital, Ochsner allegedly threatened to shoot one of the deputies in the head. After treatment for his injuries, Ochsner was transported to the David County Jail. A search of his vehicle turned up drug paraphernalia and controlled substances, which lead to possession charges for both.

In addition to those charges and propelling a bodily substance, Ochsner was arrested on suspicion of assaulting an officer, interference with an arresting officer, making terroristic threats, criminal mischief, failure to install an ignition interlock device, being an alcohol restricted driver, driving under the influence with two or more prior convictions within 10 years, and having an open container in the vehicle.

Understanding the Open Container Law

While the least serious of Ochsner’s charges, having an open container is a charge many people come face-to-face with, sometimes simply for not understanding the law. According to 41-6a-526 of the Utah Motor Vehicles Traffic Code, “a person may not drink any alcoholic beverage while operating a motor vehicle or while a passenger in a motor vehicle, whether the vehicle is moving, stopped, or parked on any highway or waters of the state.”

This section of the open container code also states that a person may not have a container with a seal that has been broken or contents partially consumed in the passenger compartment, including a utility of glove compartment, even if they aren’t driving impaired.

Exceptions for both the drinking and possession of an open container are made for passengers in the living quarters of a motor home or camper, a limousine or chartered bus, or in a motorboat. While drinking in a taxicab or bus is still prohibited, possession of an open container in those vehicles is legal.

Breaking this section of the traffic code is a class C misdemeanor, punishable by up to 90 days in jail and a $750 fine. Even though class C is the least serious of the misdemeanors, it’s still not something to gamble with. If you or someone you know has been charged with being in possession of an open container, contact an experienced criminal defense attorney.

Man Arrested for DUI After Hitting Sheriff’s Vehicle

DUI charges

Photo: Weber County Sheriff’s Office/KSL News

Icy roads were to blame for many accidents on Saturday, Jan. 10, but it was driving under the influence (DUI) that landed one man in jail. Other charges included drug possession and leaving the scene of an accident.

“Wrong Place at the Wrong Time” Doesn’t Mean You can Leave

According to a report from KSL News, on Saturday evening, Weber County Sheriff’s deputies were called to the scene of several accidents in Ogden Canyon near 4500 East, just east of the Pineview Reservoir spillway. Four vehicles had slid off the road due primarily to the icy conditions (the DUI would come shortly). Fortunately only minor injuries were reported, however, deputies were on the scene to shut down State Route 39 while road crews could put down salt and sand.

At approximately 10:40 p.m., one deputy had his patrol pickup truck parked with his overhead flashers on to stop oncoming traffic when another pickup truck came around a corner at high speed, lost control, and crashed into the back of the deputy’s vehicle. The driver of the truck sped off, and the deputy was able to pursue in the damaged vehicle, catching him near the spillway.

The driver of the truck, Bruce Southwick, was arrested for investigation of DUI, drug possession, and leaving the scene of an accident.

DUI Severity Depends on Circumstances

While most people think of a DUI as referring to alcohol, according to Utah Code 41-6a-502, a person is guilty of a DUI if he/she is driving “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.” Given the fact that Southwick also was charged for drug possession, this is probably the case.

The lowest charge for a DUI is a class B misdemeanor, even on a second offense. It goes up to a class A misdemeanor if the driver inflicts “bodily injury” on another, had a passenger under 16 years of age, or was 21 years of age or older with a passenger under 18 years of age. The charge jumps to a third degree felony if the driver inflicts “serious bodily injury” or has two or more prior convictions within ten years.

Even the lowest charge of a class B misdemeanor can result in jail time of up to six months and a fine of up to $1,000. If you or someone you know has been charged with a DUI, don’t leave your defense in the hands of a public defender. Contact an experienced criminal defense attorney who will have your best interests in mind.

West Valley City DUI Results in Various Property Damage

Driving Under the Influence causes property damage

Photo: U.S. Navy

Fortunately only property was damaged in West Valley City over the weekend as a man suspected of driving under the influence of alcohol-more commonly known as a DUI –crashed into several things, ultimately ending the ride lodged in the wall of a local butcher shop. In addition to the DUI, the suspect was also driving on a suspended license.

Maybe He Just had the Munchies

According to a report from KSL News, on Sunday, Sept. 21, just before 8 a.m., Pimoteyo Walden was traveling at “an extremely high rate of speed” on 3500 South near 5300 West. He allegedly drifted off the road, making matters even worse at that rate of speed.

The first object of his assault was a power pole which was damaged, resulting in the loss of power to a nearby neighborhood. Next he hit a tree, which was as thick as a power pole, according to West Valley Police Lt. Dalan Taylor. Finally, he crashed through the exterior brick wall of Hunsaker Meats.

Walden was arrested on suspicion of driving under the influence of alcohol ( DUI ) and driving on a suspended license. According to Lt. Taylor, Walden only suffered a bloody nose, and fortunately for him, no other people were injured as a result of his actions.

Driving Under the Influence ( DUI ): More Than Just Legal Consequences

According to Utah Code 41-6A-503, a person convicted of a DUI for the first or second time is guilty of a class B misdemeanor, punishable by up to six months in jail and a fine of up to $1,000. However, it is a class A misdemeanor, punishable by up to a year in prison and a fine of up to $2,500, if the following occurs:

  • bodily injury of another as a proximate result, or
  • the driver had a passenger under 16 years of age in the vehicle at the time of offense, or
  • the driver was 21 years old and had a passenger under 18 in the vehicle at the time.

A third offense, or the infliction of “serious” bodily injury, will result in a third degree felony, punishable by up to five years in prison and a fine of up to $5,000.

However, another consideration to keep in mind is the “collateral sanctions” imposed by a DUI conviction. According to Utah Code 41-6a-502, as of July 1, 2012, “a court shall, monthly, send to the Division of Occupational and Professional Licensing . . . a report containing the name, case number, and, if known, the date of birth of each person convicted during the previous month of a violation of [driving under the influence]” This is considered a “collateral sanction” and is grounds for revocation of professional licenses.

[For more on our discussion of “collateral sanctions,” click on our post, The “Collateral Damage” of a Conviction]

Driving under the influence can have serious repercussions on your personal and professional life, beyond those imposed by the law. If you or someone you know has been charged with a DUI, don’t leave your fate in the hands of a public defender. Make sure to contact an experienced criminal defense attorney.