Posts Tagged ‘Drunk Driving’

It’s Not Illegal to Drive Drunk on a Segway

Clayton Simms, Criminal Defense Attorney, on the topic of  Crimes, Dealing with Police
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The Minnesota Court of Appeals ruled in the State v. Greenman case that “[a] person operating a ‘Segway’ electric personal assistive mobility device is not a driver of a motor vehicle and is not, therefore subject to the prohibitions of Minnesota’s drunk driving laws.” Gentlemen, have a few brews and start your engines (or two-wheeled self-balancing battery powered electric vehicle).

The case involves Mr. Greenman, who “attempted to travel a short distance to his home using his Segway. After traveling along the walking path, Greenman entered the road.” A vehicle slowed down and serve in order to avoid Mr. Greenman on his Segway. The Police stopped Mr. Greenman and noticed signs of intoxication. The police officer conducted DUI field sobriety tests, which Mr. Greenman failed, and “breath test revealed an alcohol concentration of .19.” State v. Greenman, A12-1605, (Minn. App. 2013).

The lower Court held that Mr. Greenman was not guilty of drunk driving because his Segway was not a motor vehicle in light of the State v. Brown case. 801 N.W.2d 186 (Minn. App. 2011). The drunk Segway driver was “acting as a pedestrian” and not a driver of a motor vehicle.

The Brown court ultimately determined that Brown’s mobility scooter was a wheelchair that ‘did not meet the definition of ‘vehicle,’ because it is generally not a ‘device in, upon, or by which a person is or may be transported…upon a highway. Id. at 189. Accordingly, because Brown’s scooter was not a ‘vehicle,’ the court concluded that is was not a ‘motor vehicle’, as the term is used in drunk driving and driving while impaired laws. The Brown court’s interpretation of the traffic and drunk driving codes applies equally to Segways. State v. Greenman, A12-1605, (Minn. App. 2013).

So at the end of the day, according to the Greenman court you can drive your Segway drunk, but you may kill yourself doing so because Segways are difficult to drive sober.

Happy Holidays from Salt Lake Criminal Defense!

Utah Criminal Lawyer, on the topic of  Crimes, Dealing with Police, DUI in Utah, Humor, Utah Law
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Utah Teen Expresses Heartbreak by Throwing Beer Can at Cop

Utah Criminal Lawyer, on the topic of  Alcohol in Utah, Crimes, Dealing with Police, DUI in Utah, Humor, Utah Crime News
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An 18-year-old Utah man was arrested August 17th after throwing an empty beer can at a police officer from his vehicle and then leading the officer on a chase. The officer eventually stopped the man using a PIT maneuver (if you have never seen one of these, check out the video below). The man was charged with driving under the influence, among other things. He reportedly told officers that he had been dumped by his girlfriend and wanted to get into trouble. He obviously succeeded.

Each person that is charged with criminal offenses brings with them to court their own circumstances and problems. Although being emotionally distraught, as this man clearly was, may not excuse a criminal act, a good criminal defense attorney can communicate a client’s unique circumstances to judges and prosecutors. An advocate can help tell your story and achieve the best possible legal outcome that will prevent bad situations like the one described above from becoming worse.

Utah Legislature Ponders DUI Checkpoints Bill

Utah Criminal Defense Blog, on the topic of  Alcohol in Utah, Constitutional Rights
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The Utah Legislature is currently considering banning police DUI checkpoints throughout the state. The bill, also known as HB 140, is sponsored by Representative David Butterfield. HB 140 was approved by the Law Enforcement and Criminal Justice Committee by an 8-5 vote and will now go to the House floor.

Photo: Stacey Huggins

Proponents of the bill argue that allowing DUI checkpoints border on unconstitutional behavior, unless very restricted conditions are followed by law enforcement. HB 140 would only allow an administrative traffic checkpoint under certain conditions. A motor vehicle may be stopped and its occupants detained by an enforcement officer when the officer:

• Is acting pursuant to an authorized search warrant or arrest warrant
• Has probable cause to arrest or search
• Has reasonable suspicion that criminal activity has occurred or is occurring, or
• Is acting under emergency circumstances, or
• Is acting pursuant to an authorized administrative traffic checkpoint authority granted by a magistrate under particular circumstances.

What Would be Allowed at a Checkpoint?

Officers using an administrative traffic checkpoint would have the primary purpose of inspecting, verifying or detecting invasive species, violations of Title 23 and other circumstances that are specifically distinguishable by a magistrate from a general interest in crime control.

Various law enforcement officers and the president of Mothers Against Drunk Driving testified against repealing the law allowing for DUI checkpoints, stating their effectiveness in deterring drinking while driving.

Are You For HB 140 or Against it?

This is an interesting debate and one which will most likely receive more attention as the entire House ponders the proposed bill. Lines are already being drawn for and against HB 140, and if you have an opinion you should make sure your local representative knows where you stand.

An Attorney Is Available To Help You

We aren’t arguing one way or another, except to say that all citizens of Utah deserve to have their Constitutional rights protected. There are Utah criminal defense attorneys who can help you work through any criminal proceedings you’re involved in. It doesn’t matter whether your case involves a DUI, you should contact a Utah criminal defense attorney and get the legal help you need.

Citizen Follows Drunk Driver Until Police Arrive

Clayton Simms, Criminal Defense Attorney, on the topic of  Alcohol in Utah, DUI in Utah
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It is becoming more common for ordinary citizens to become involved in the investigation of drunk driving. There are public awareness campaigns in Utah that encourage ordinary citizens to call 911 if they witness a suspected drunk driver. Would you contact the police to report a drunk driver?

Don’t Drink and Drive in Utah – DUI Charges Suck

Clayton Simms, Criminal Defense Attorney, on the topic of  Alcohol in Utah, DUI in Utah
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We’ve said it before, but it never hurts to remind people that drunk driving in Utah is a serious offense and can result in life-altering consequences for all people involved. Please don’t drink and drive!

Photo: Sarah-Rose

A Utah man was charged with two counts of driving under the influence, as well as driving on a suspended license and failure to stay in one lane while driving. The latter two charges are both class C misdemeanors, while the DUI charges are third degree felonies. Class C misdemeanors carry the potential sentence of up to 90 days in jail, while third degree felonies can send a person to prison for up to 5 years.

To complicate matters, this man allegedly hit and injured two pedestrians while driving under the influence. One alleged victim remains on life support, while the other was released from the hospital following the March incident. The man’s blood alcohol level was .16, which is twice the legal limit allowed in Utah.

There are a few important things to remember when you are about to take an alcoholic drink. First, give your keys to someone who won’t be drinking and who can be responsible to drive you home. Second, have enough money for cab fare in case option one doesn’t pan out. Third, work on knowing your limitations when drinking. Keep in mind that people out and about want to get home safely, and for some reason, there are probably people in your life who want you to return home alive, too. If all else fails and you find yourself in a jam with law enforcement, get yourself a top Utah criminal defense attorney without delay.

Drunk Driving Excuses That Will Not Work on Utah Police Officers

Clayton Simms, Criminal Defense Attorney, on the topic of  Alcohol in Utah, DUI in Utah, Humor, Utah Crime Related Videos
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Comedian John Hilder humorously provides Drunk Driving excuses that will probably not work on Utah Police Officers. Enjoy the following video:

Utah Drivers Convicted of DUI May Be Required to Install An Ignition Interlock on Their Car and Not Know It

Clayton Simms, Criminal Defense Attorney, on the topic of  Alcohol in Utah, DUI in Utah, Utah Crime Related Videos
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It is not uncommon for a Utah Driver convicted of DUI to not know that they are required to obtain an ignition interlock for their car.

Man Sentenced To 51 Years for Drunk Driving

Utah Criminal Defense Blog, on the topic of  DUI in Utah
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Not even Angels could save the L.A. Angels pitcher Nick Adenhart when he was hit by a drunk driver in 2009. The accused drunk driver was sentenced to 51 years in prison by an Orange County judge, after his blood alcohol level tested .19 more than twice the legal drinking limit. Not only were angels unable to save Adenhart but also the accused man as well. 

Utah DUI

Clayton Simms, Criminal Defense Attorney, on the topic of  Alcohol in Utah, DUI in Utah
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Driving under the influence of alcohol or drugs (DUI) is usually a class B misdemeanor with a maximum jail time of 180 days and a maximum fine of $1,500.00 plus an 85% surcharge.

A first time DUI offender is required to spend two days in jail, although it is possible in some cases to complete 48 Hours of community service in lieu of jail.

A Second DUI (within 10 years) requires 10 days jail or 240 hours community service.

A Third DUI (within 10 years) is a Third Degree Felony and is punishable by up to 5 years at the Utah State Prison.

An Alcohol Related Reckless Driving counts as a previous DUI for enhancement purposes.

DUI’s are aggressively prosecuted in Utah and you need an aggressive Utah DUI defense attorney to meet the force of the prosecution.  Most DUI’s are defeated because of a technical defect in the police reports or the intoxilyzer (breath test) or because some evidence is suppressed. Only a experienced Utah DUI attorney can find these flaws and help you defeat a DUI charge.