Intoxicated Utah Boat Driver Arrested for Automobile Homicide

An intoxicated Utah boat driver was arrested for automobile homicide for allegedly causing the death of one of his passengers while boating in Flaming Gorge over Mother’s Day weekend.

Drinking and sailing

Photo by: Ozzy Delaney

25 year old Corey Eggleston of Vernal, Utah was arrested for automobile homicide and DUI charges after one of his passengers fell from the boat and drowned. Eggleston admitted had been drinking alcohol while operating the boat at Flaming Gorge Reservoir Saturday when he made a maneuver that caused the boat to start taking on water. That maneuver resulted in multiple passengers of Eggleston’s boat to fall into the water. None of the passengers were wearing life vests and one male passenger was pronounced dead after being pulled from the water.

Automobile homicide

Eggleston was booked into Uintah County Jail on DUI charges as well as automobile homicide. Utah Code 76-5-207 states: “Criminal homicide is automobile homicide, a third degree felony, if the person operates a motor vehicle in a negligent manner causing the death of another and:
(i) has sufficient alcohol in his body . . . of .05 grams or greater at the time of the test;
(ii) 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 boat]; or
(iii) has a blood or breath alcohol concentration of .05 grams or greater at the time of operation.”
If the person was found to behaving in a criminally negligent manner when they caused the death of another, the charges would be increased to a second degree felony.

Negligence when boating

Section 76-5-207 goes on to explains that “. . . negligent means simple negligence, the failure to exercise that degree of care that reasonable and prudent persons exercise under like or similar circumstances.”Criminal negligence on the other hand is defined by 76-2-103 as “. . . when [the actor] ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise in all the circumstances as viewed from the actor’s standpoint.”

Mistake or “gross deviation” of care

Although Eggleston likely didn’t intent to cause the death of his passenger, drinking while operating the boat was considered a negligent act and could have been prevented by choosing sobriety while boating instead. No details have been released stating how much Eggleston had been drinking or whether or not, prior to the incident, he was behaving in a manner that would show a disregard for the safety of others (other than his consuming alcohol.) Anyone facing charges for negligently causing the death or another is encouraged to seek the help of a qualified attorney to ensure intent and level of negligence is honestly portrayed during court proceedings.

Theft Charges for Buyer and Seller of Stolen Vehicle in Utah

Both the buyer and the seller of a a vehicle were arrested on theft charges when the actual owner returned to Utah to collect his automobile.

Fix and sell

An employee of a Big ’O Tires shop in Price, Utah was arrested for second-degree theft after he sold a 2008 Hummer that had been left at the shop by a customer. The customer who was passing through Utah earlier this year stopped at the tire store when his vehicle started having mechanical problems. The customer took longer than usual to return for his vehicle but when he did, the Hummer was nowhere to be found. Police were able to determine that the vehicle had been fixed and then resold to another person.

From one Travis to another

28 year old Travis Loveland was working at the Big ‘O Tires when 33 year old Travis Jordan came in to purchase tires for his vehicle. For reasons unknown other than a small financial gain, Loveland approached the customer and offered him the 2008 Hummer for an easy one grand. Although the $1,000 deal for the Hummer seemed too good to be true, Jordan accepted the deal with Loveland and later returned to complete the transaction. It wasn’t until several months later when police knocked on his door that Jordan realized why he received such a screaming deal: the Hummer was technically stolen.

Second-degree felony theft

Loveland was booked in the Carbon County Jail on second-degree felony theft for selling a stolen vehicle while Jordan is also facing second-degree felony theft charges for receiving stolen property. Utah Code 76-6-412 states “Theft of property and services . . . is punishable as a second degree felony if the:
(i) Value of the property or services is or exceeds $5,000;
(ii) Property stolen is a firearm or an operable motor vehicle; or
(iii) Property is stolen from the person of another.”

Be wary of suspicious sales

There are many instances when someone unknowingly gets in trouble for being on the receiving end of deal involving stolen property. Even if they know they are innocent, a court of law may not see it that way. This is why it is imperative that anyone facing charges consults with a knowledgeable criminal defense attorney prior to their initial hearing.

Small Central Utah Town Setting Records in Drug DUI Arrests

The small, central Utah town of Richfield is setting records for its drug DUI arrests after being well-funded by the state of Utah to get impaired drivers off the street.

Small town – big reputations

Photo by: Ken Lund

Richfield City, the county seat of Sevier County, is smaller than 73 other cities in Utah but that doesn’t keep the town’s web page from boasting that it is: “. . . the hub of Central Utah, [and] the largest city for more than a hundred miles”. With a population of a mere 7,750 residents, nearby towns must be miniscule for Richfield to be able to possess that title. Being the largest town of central Utah is not the only reputation Richfield City has either; they also have a high arrest per resident ratio in regards to DUIs.

DUI rate vs Population

According to the Sixteenth Annual DUI Report to the Utah Legislature, throughout the state of Utah, “10,383 DUI-related arrests were made in FY 2018.” They also note that statewide (which includes larger cities such as those in the Salt Lake Valley) the DUI-related arrest rate is “33.5 per 10,000 population”. In pint-sized Richfield City, the amount of DUI arrests is roughly three times that of the entire statewide average.Some speculate that perhaps Richfield has such a high DUI rate due to the small town/big problems theory that no one has anything else to do besides get inebriated and drive around. In reality, there are several reason why Richfield is leading the pack with DUI arrests.

Combining factors

Photo by: 911 Bail Bonds Las Vegas

Although there’s a chance Richfield has some basic small town problems, one of them does not appear to be more individuals driving impaired. Somehow however, their officers are making more DUI arrests. A few reasons for this may include:

Type of DUI arrest. When people hear “DUI” their first thought is of people driving under the influence of alcohol. Utah Code 41-6A-502 states “A person may not operate or be in actual physical control of a vehicle within this state if the person: . . . 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”. The majority of the DUI arrests in Richfield city are not alcohol related. Drug DUI arrests in Richfield from substances such as marijuana, meth, and even prescription drugs are the main source of the town’s two-year DUI record. While alcohol leaves a person feeling tipsy and notably impaired, many drivers falsely assume they are okay to drive a couple hours after getting high or taking meds to manage their pain. A quick swab of the cheek or a blood test done later can confirm arresting officer’s suspicion of drug use prior to driving.

Location, location, location. Richfield is located along the I-70 corridor, a stretch of road linking Nevada to Utah and Utah to Colorado that is known for drug trafficking. Additionally, I-70 runs directly into I-15, another main artery of drug movement that travels from southern California through Vegas and all the way into Canada. The positioning of Richfield in close proximity to these dual drug trafficking corridors could increase the chances of local officers pulling over out-of-town traffickers for simple traffic violations. Additionally, Richfield officers may have a better chance at catching Utahns coming back from visiting marijuana friendly Colorado.

Focused intent. One of the top reasons Richfield may be leading the pack for drug DUI arrests is their focused intent on catching impaired drivers. Last year Richfield chose to focus less on finding drug users and instead put more emphasis on cracking down on those users when they got behind the wheel. Although the focus on DUIs may help keep people safer on Richfield roads, it just so happens to also result in greater incarceration rates than possession charges alone.

Photo by: 401(k) 2012

Financial recompense. Due to the rising DUI arrests as a result of Richfield’s focused intent on drug DUIs, the state of Utah has decided to allot (reward) money to Richfield which will help them keep the momentum going. This extra funding enables Richfield to allow select officers to work longer hours. It would not be surprising to find the overtime officers were drug recognition experts trained at spotting impaired drivers either. While Utah taxpayers may wonder where these extra funds allotted to this small town are coming from, it is the arrestees themselves paying for it as they pay to recover vehicles impounded during an arrest. Regardless of where the funds originate from, the extra money is likely a major motivator in bringing in higher DUI arrests.

Drug DUI attorney

Drug DUI arrests can result in criminal charges ranging from a class B misdemeanor for first-offenders to a third degree felony for repeat offenders or instances where a serious injury occurred.Anyone facing charges for driving under the influence of alcohol or drugs is encouraged to speak to an attorney regarding their options moving forward and how to best put their illegal action behind them. All other Utah residents should make certain they are not impaired in any way prior to getting behind the wheel – especially when visiting the small town of Richfield City, Utah.