Posts Tagged ‘driving’

Drunk Utah Man Shoots at Friend

Dec
14
Utah Criminal Defense Blog, on the topic of  Alcohol in Utah
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‘Friends don’t let friends drive drunk’ took on a new meaning recently when an inebriated man pulled a gun on his friend who was trying to prevent him from driving while intoxicated.

Photo: Ben Hulley

No Good Deed Ever Goes Unpunished

When Jon Sheppard pulled up to his friend’s house, Sheppard was drunk and apparently upset. Sheppard began an argument, then left the house and tried to get into his car. His friend attempted to stop him and was shot at by Sheppard. Fortunately, the round missed the friend but Sheppard allegedly went ahead and fired a few more times at the ground. It took another man to help subdue Sheppard and break up the altercation.

Consequences

Sheppard has been charged with aggravated assault and intoxication. Aggravated assault is a third-degree felony which can carry a penalty of up to five years in prison. Intoxication is a class C misdemeanor and has the potential for sending a person to jail for up to six months.

Drunk Driving Causes Numerous Problems

The holiday season is a great time to share memorable moments with friends and family. If you know you’ll be in a situation where alcohol will flow, be sure there are enough designated drivers to go around. Normally, it’s a good idea to try and stop someone from driving drunk because lives may be saved. However, if someone pulls a gun don’t wait to call the police.

If You’re in Legal Trouble, Call an Attorney

Keep in mind that there are excellent Utah criminal defense attorneys available to help you regardless of the type of criminal charges you’re facing. Nobody’s perfect, and help is available if you’ve made a mistake. Do yourself a favor and contact an attorney right away.

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Posted in Alcohol in Utah | No Comments »

Hit and Run in Utah?

Oct
18
Utah Criminal Defense Blog, on the topic of  Question
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Getting in a car accident is bad enough. At best, you’re stuck with the hassle of insurance claims. But, leaving the scene of the accident can make it much worse.
Every now and then, the news has stories of people who hit a pedestrian or cyclist and flee the scene.

Photo: shrff14

In Utah, it’s a crime. If you hit and run, you’ll make yourself look guilty of what might only be an accident and possibly subject yourself to multiple criminal charges.

What if it’s only a fender bender? If there’s more than $1500 of damage, you have to call the police as soon as possible.

Even if no one was hurt, the law still requires you to stay at the scene until you share your insurance, name and address, and driver’s license with any other driver involved, the owner of any property damaged, or the police. The law allows you to move your cars off the road to the nearest safe area.

If someone is hurt in the accident, besides sharing all the information, you have a duty to help get emergency care, including transportation to a doctor or hospital. And, you must call the nearest law enforcement agency as soon as possible.

Sometimes people panic in the heat of the moment. But, giving into the panic and fleeing the scene of an accident will probably only compound the problems.
Leaving the scene of an accident without complying with your obligations can result in third degree felony charges if someone is hurt or killed. Even if there’s only a little property damage, you could face a misdemeanor criminal charge.

Don’t hit and run. It’s an example of the mistake digging your hole deeper. But if someone you know or love finds them self in legal trouble after an accident, it’s a good idea to consult with an experienced criminal defense lawyer.

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Posted in Question | No Comments »

Driving While Tired or Sick

Feb
28
Utah Criminal Defense Blog, on the topic of  Constitutional Rights, Crimes, Utah Crime News, Utah Law
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Photo: Jackknife Barlow

It may seem like a bad dream to those who work to protect our constitutional rights, but it’s reality that driving while tired or sick will now be against the law in Utah.  Our friendly police officers have the responsibility to determine whether or not a person is close to an REM state or just not feeling too well.  If you’ve had a long day at work and want to get home for some shut-eye, you better think twice before getting behind the wheel.  If you’ve come down with a fever and you’re considering driving to the store to obtain some medication, take a hike instead.  Otherwise, you could be the victim of a routine traffic stop and handed over a misdemeanor C charge along with a fine for being too fatigued or ill.

Utah lawmakers continue to raise capital for the State by enacting laws which result in fines on harmless citizens.  There is a fiscal note on this particular bill which states that “by expanding the instances under which an individual can receive a traffic citation, this bill increases General Fund revenue by $3,500 and restricted revenue by $29,000.”  Unreasonable taxes and fines on innocent people seem to go against the values and ideals of the country we refer to as the land of the free.

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Posted in Constitutional Rights, Crimes, Utah Crime News, Utah Law | 2 Comments »

Drunk Driving in Utah

Feb
07
Utah Criminal Defense Blog, on the topic of  Alcohol in Utah, DUI in Utah
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This year, thousands of people in the state of Utah will make the decision to drive drunk.  The conundrum that isn’t easy to solve is how to influence those people to make the right decisions when they’re not in the right frame of mind.  In 2009, there were over 15,000 arrests and 31 deaths related to driving under the influence.  Statistics, however, do not show the many friends and families emotionally scarred by those fatalities or the lives shattered from everyday DUI arrests.  If you do choose to get behind the wheel while inebriated, below are the possible penalties you’ll be facing as a first-time offender:

  • At least two days in jail
  • At least 48 hours of community service
  • At least $700 in fines and fees
  • At least 90 days suspension of driver’s license

The penalties increase exponentially after your first-time offense.  In fact, the average jail time served by drunk drivers in Utah is 154 days.

We all know good people make bad decisions, especially when they’re a little tipsy.  Their day may start off joyously planning a Super Bowl party, but then they somehow find themselves at the end the day crying uncontrollably while walking the line and reciting the alphabet in reverse.  So, please remember the 5 Ps.  Proper Planning Prevents Poor Performance.  If you know you’ll be drinking, have a game plan.  Take a taxi or bus to the bar or line up a designated driver for the evening.  If you don’t prepare before your next night out on the town, you may find yourself calling us to help solve your own mind-boggling riddle.

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Posted in Alcohol in Utah, DUI in Utah | 1 Comment »

Text Messaging while Driving in Utah

Dec
02
Clayton Simms, Criminal Defense Attorney, on the topic of  Utah Law
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The Utah legislature recently enacted a law that prevents people from text messaging while driving. Violation of the law is a class C misdemeanor. The new statute reads:

“[A] person may not use a handheld wireless communication device for text messaging or electronic mail communication while operating a moving motor vehicle on a highway in this state.”Utah Code  § 41-6a-1716.

There are some exceptions in the statute:

• During a medical emergency
• when reporting a safety hazard or requesting assistance relating to a safety hazard
• when reporting criminal activity or requesting assistance relating to a criminal activity
• when providing roadside or medical assistance
• when used by a law enforcement officer or emergency service personnel acting within the course and scope of the law enforcement officer’s or emergency service personnel’s employment

However, enforcement of this law is rather difficult because a police officer must view you actually text messaging. What if you were reading the newspaper on your phone, reading your email, or looking at a map on your phone? Under the statute, those activities are permitted.

Utah law defines text messaging as

“a communication in the form of electronic text or one or more electronic images sent by the actor from a telephone or computer to another person’s telephone or computer by addressing the communication to the person’s telephone number”

If a person isn’t sending an “electronic text” to another person’s phone or computer, they cannot be charged under this Utah  statute.

If you have been charged with texting while driving, contact a top Utah criminal defense attorney who can help defend you against a texting while driving charge.

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Posted in Utah Law | No Comments »