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Criminal Defense

Citizen’s Arrests in Utah

By | Blogs, Criminal Defense | No Comments

I’m not a police officer – could I actually arrest someone?

Usually when I think of a citizen’s arrest, I think about those bad movies or comedy skits where some unlikeable gomer (think Dwight Schrute) makes a citizen’s arrest and the arrestee resists and some sort of ridiculous interaction ensues.  And since bad movies were my source of information, I always thought that a citizen’s arrest was something that may have existed sometime in the past, but didn’t actually exist anymore….I was wrong. Read More

Have you ever domestic violenced someone? I’ll bet you have.

By | Blogs, Cases, Criminal Defense, Domestic Violence | No Comments

I’m pretty sure that most of the people in Utah reading this article have committed domestic violence, and here’s why.

When I was a prosecutor handling domestic violence cases, a young woman charged with domestic violence was representing herself and came into court to speak with me. In a polite, slightly pleading tone, she said, “I don’t know why I’m here. I ain’t never domestic violenced no one!” Well, according to Utah law, she had— and chances are, you have too. Read More

Utah Drivers Beware—Some of What You’ve Been Told About the New Texting Law Will Get You a Ticket

By | Blogs, Criminal Defense | 4 Comments

Most Utah drivers are aware by now that the latest version of Utah’s Distracted Driving law goes into effect today. But the news story you heard or the article you read may have set you up to get a ticket. This article will help you make sure you know what you can and can’t do (at least to the extent that the law itself is clear…which is open for debate). Read More

Legislator Seeks to Tighten Utah DUI Laws

By | Criminal Defense, DUI | No Comments

Utah Legislator Lee Perry has introduced a bill in Utah that would make it illegal to operate a vehicle while impaired to the slightest degree by any substance.

Currently, the law prohibits DUI in three ways:

It is illegal to operate or be in actual physical control of a vehicle if the person

  1. Has a blood or breath alcohol concentration of .08 grams or greater at the time of operation or actual physical control;
  2. Has sufficient alcohol in the person’s body that a subsequent chemical test shows that the person has a BAC of .08 grams or greater at the time of the test; OR
  3. Is under the influence of drugs or alcohol to a degree that renders the person incapable of safely operating a vehicle.

Read More

Orlando Police Officer Arrested for DUI; Becomes Belligerent

By | Blogs, Criminal Defense, DUI | No Comments

An off duty Orlando Police Officer, Sean Gilhuly, was arrested Sunday for DUI and Criminal Mischief. A witness called 911 when a white Ford Explorer sat through two green-light cycles. The caller described the driver as being drunk, high, or something. Police responded to the scene where they found an open bottle of peach schnapps in the officer’s vehicle. You can find the story here. Read More