Arrests Accompanied by Minor Traffic Violations

Many individuals arrested in Utah are first pulled over for avoidable traffic violations.

A felony with an infraction on the side

If someone makes a driving error in the presence of a police officer they will usually get pulled over and issued a warning or a ticket. Once stopped by police for a minor traffic violation, police may then find valid reasons to arrest the driver. Police booking reports around the state show a pattern of criminal charges accompanied by infractions from simple traffic stops. Some common examples seen include:

Photo by: Chris Yarzab

• An individual arrested for a DUI while also being listed as having an infraction such as speeding.

• Someone charged with drug possession along with an infraction for not signaling while switching lanes or turning.

• A driver arrested for a weapons charge and a minor charge for no license plate light.

• Another person with warrants who is also charged with not fully stopping at a stop sign.

Happenstance or a planned stop

When someone is pulled over for a traffic stop, sometimes the officer has no idea the person was or is in the process of committing crimes likely to lead to an arrest. Other times however, the office may have a hunch about a driver and tails their car until they make a mistake, at which point the officer has a reason to pull them over to follow up on their gut feeling.

Possible profiling

If someone is followed by police prior to being pulled over for a traffic violation, it may feel unfair to the driver and depending on the circumstances, could be considered a form of profiling. Anyone facing criminal charges following a traffic stop is encouraged to seek legal counsel. If concerns arise regarding possible profiling or violations of constitutional rights, an experience defense attorney will know best how to handle the legal proceedings.

Aggravated Robbery Suspect Robbed Same Pharmacy Once Before

aggravated robbery suspect robbed same pharmacy

Photo: DWT110/Wikimedia Commons

On Wednesday, March 18, a La Verkin man who was arrested following the March 11 robbery of a Hurricane pharmacy was charged with more than just aggravated robbery for that incident. He was also given additional charges for a previous robbery at the same location almost a year earlier to the date.

Don’t Return to the Scene of the Crime, Especially not to Rob it Again

According to an article in KSL News, just before noon on March 11, Jonathan S. Forest, 37, entered the Hurricane Family Pharmacy, displayed what was later discovered to be an airsoft gun, and made demands for prescription medication.

A witness to the robbery followed Forest after he left the pharmacy. A call to 911 resulted in an arrest of Forest within 6 minutes of the robbery. Forest had the prescription medication and black airsoft gun on his possession. This led to the original charge of aggravated robbery.

However, between his arrest and conviction on March 18, officers were able to link Forest to another robbery of the same pharmacy on March 31, 2014. After obtaining a search warrant for Forest’s place of residence, detectives located evidence “consistent with the first robbery.”

As a result of these new discoveries, Forest was charged with aggravated robbery, aggravated assault, and nine counts of possession of a controlled substance.

Airsoft Guns Still Result in Aggravated Robbery

According to the Utah Criminal Code 76-6-302 as it applies to this story, aggravated robbery is defined as the act of someone carrying out a robbery and in the process, using or threatening to use “a dangerous weapon as defined 76-1-601.” In that article of the Utah Criminal Code, a dangerous weapon is defined as “any item capable of causing death or serious bodily injury.”

While some may question whether an airsoft gun could cause “serious bodily injury,” the article goes on to define a dangerous weapon as “a facsimile or representation of the item, if…the actor’s use or apparent intended use of the item leads the victim to reasonably believe the item is likely to cause death or serious bodily injury; or the actor represents to the victim verbally or in any other manner that he is control of such an item.”

Aggravated robbery is considered a first degree felony, punishable by anywhere from five years to life in prison and a fine of up to $10,000. If you know someone who has been charged with aggravated robbery, don’t leave that wide interpretation of punishment in the hands of a public defender. 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.