Utah Criminal Defense Attorney: Kelly Ann Booth—I can help you.
In Utah, criminal defense can be difficult because
of the state's conservative roots. When you go to court, you need a
strong, committed attorney to protect your rights. Don't get
railroaded.
I want to defend you. I want you to be free. I want you to
win.
When people lose money in an investment, they look for someone to blame.
Whether accused by the government or by an individual, so-called
White Collar Crime allegations can devastate a lifetime of
work.
Act now. We'll prevent bad luck from turning into jail time.
Is your spouse using domestic violence charges to
influence a divorce, child custody, child support, or
alimony proceeding? Don't be manipulated. A single domestic violence
conviction leads to a lifetime of consequences.
Don't get labeled as an abuser. We'll fight back and win.
“To… not prepare is the greatest of crimes; to be prepared beforehand for any contingency is the greatest of virtues” – Sun Tzu
People ask me what to look for in an attorney. Whether it’s family law, litigation, or a criminal case, I always say the same thing: Look for someone who prepares.
How do you know if someone prepares? Easy, ask. But you need to ask the right question. If you ask, “Do you prepare for trial?” every attorney will say “yes.” A more telling question is “What did you do to make sure you would win your last trial?”
You should hear something like, “I interviewed my client and reviewed documents so I would be familiar with the facts of the case.” Or “After I understood the facts, I looked for legal areas we could exploit and I filed several pre-trial motions.”
Preparation is the key to winning. Everything else is just luck.
If a Utah policeman pulls you over and suspects you of DUI, chances are the officer will ask you to perform a “couple of routine tests.” What he really means is, he’d like to gather evidence that you’re driving drunk; he’s going to take notes and use this against you at trial.
Don’t let the police use fake science against you. Always remember: Refuse to take the Field Sobriety Tests (FSTs). In Utah, there are no penalties for refusing to take the FSTs during a DUI stop. If you agree, most likely the police officer will ask you to hold your head still and follow the tip of a pen or the tip of his finger.
The officer will move his pen to your left while watching your eye movement. The officer is observing your eye movement. As shown in the video, he’s looking for involuntary eye jerks, technically called nystagmus. Because this is done from a side-to-side movement, this test is called the Horizontal Gaze Nystagmus test.
Utah law enforcement claims this happens when someone is drunk. What the police fail to mention is that many other perfectly harmless reasons can cause this eye jerk, including an improperly administered test.
We fight DUIs by taking police science head on with real science. And gradually Utah courts are understanding that the Horizontal Gaze Nystagmus test isn’t scientific or accurate at all.
Every week as Saturday night approaches, people ask me: What should I do if I get pulled over and have had something to drink. The first rule is, don’t panic. Stay calm, stay alert, and be polite. Beyond that, I’ve created a Utah DUI cheat sheet which gives you my answers to the most common DUI related questions.
A small disclaimer: This cheat sheet is not legal advice. I’m trying to provide information, and common sense advice, about Utah law designed to help you safely navigate a DUI stop. But information is not the same as legal advice—legal advice is applying the law to your specific circumstances. I try to ensure that the information I post on this blog, and in the information sheet, is accurate and useful. Still, if you need assurance that this information, and your interpretation of it, is appropriate for your particular situation, you need to retain me.
