Do Constitutional Rights Protect Utah Drivers from Alcohol Blood Test Requirements?

The U.S. Constitution provides protection from illegal search and seizure. However, Utah implied consent laws essentially state that licensed drivers understand the legal right of police to conduct chemical tests when they arrest drivers on suspicion of driving under the influence (DUI). In other words, applying for a Utah license to drive automatically implies that you […]

Why Does the Quantity of Marijuana Make A Big Difference in the Severity of Penalties in Salt Lake City?

Utah law considers intent when classifying marijuana possession charges. It typically assumes that individuals with smaller quantities have it in their possession for personal use. However, once the quantities increase to 16 ounces or more, the law assumes the offender intends to distribute it. Regardless of the quantity of marijuana involved in an arrest, a […]

Gender Bias In The Adjudication Of Domestic Violence Cases

A report recently published by Stop Abusive and Violent Environments, a victim-advocacy organization, highlights the failure of the criminal justice system in the United States to fairly adjudicate domestic violence cases. The report cites a number of statistics that show the general landscape of domestic violence across the country and demonstrate the bias against men throughout […]

Why is Cocaine Possession Less than a Top Felony Crime in Utah?

The cocaine possession laws in Utah classify misdemeanor and felony drug possession charges based on the federal drug schedule. Surprisingly, cocaine is a Schedule II controlled substance, because the Schedule I drugs are even more dangerous. Even today, doctors may use cocaine as a topical anesthetic immediately prior to certain medical procedures. In fact, this […]

Reducing A Felony Conviction With A 402 Motion

The adverse collateral consequences of a felony conviction can last for years, if not a lifetime. The severity of these consequences can only truly be understood by those have endured the hardships associated with post-prison life.  Some of the enduring consequences of a felony conviction include: Harm to your integrity and reputation Severe reduction of […]