It has long been established under Utah common law that a law enforcement officer engaged in a high-speed pursuit owes a duty of care to innocent bystanders during the pursuit. Thus, injury to a bystander caused by the negligent driving of an officer during a pursuit can lead to a valid claim against the officer. […]
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 […]
Can Criminals Sue Their Victims For Injuries Sustained During Their Crime?
Lawsuits brought by criminals against their victims are relatively rare, but they do seem to pop up in the news now and again. The extent to which a crime victim has immunity from a civil lawsuit differs from state to state, but most states recognize that victims should not be given carte blanche to attack their assailants […]
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 […]
Marijuana Policy Reform Slow To Take Root In Utah
Calls for the reform of Utah’s strict policies toward marijuana have grown louder in recent years — but have fallen on deaf ears in Utah’s legislature. Recently, The Huffington Post spotlighted the story of a Utah woman whose 11-year-old son suffers debilitating seizures as a result of a rare form of epilepsy known as Dravet syndrome. The […]
Shoplifting Is A Serious Offense In The State Of Utah
When it comes to shoplifting in Utah and across the country, there is no typical profile. In a recently reported incident, two parents were accused of devising a scheme in which their 10-year-old son would steal items from a Home Depot store. Police said the boy had been instructed to say his parents intended to pay […]
Reducing A DUI Charge To Impaired Driving-DUI Attorney
For Utah drivers caught drinking under the influence of alcohol, a reduced charge of “impaired driving” presents a good option for resolving a DUI case. A charge of impaired driving does not carry the harsh penalties under Utah law associated with a Utah DUI charge. Unlike a DUI conviction, the reduced charge of impaired driving […]
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 […]