2 Different Types of Breath Tests in Utah. PBT and Chemical Test. Portable/Preliminary Breath Test. Let’s be clear. The portable breath test (“PBT”) is different from the chemical blood draw or chemical breath test done back at the police station. The chemical test is described and outlined in Utah Code 41-6a-520. You don’t have to… Read more »
3 THINGS TO KNOW ABOUT YOUR NO INSURANCE TICKET IN UTAH It is a crime to drive a car on Utah roadways without car insurance. See Utah Code 41-21a-302. Here are 3 Things You Need to Know. (1). No insurance will suspend your license. (2). You will have high rate SR 22 insurance with a… Read more »
3 POINTS ABOUT REASONABLE CHILD DISCIPLINE IN UTAH YOU NEED TO KNOW (1). This justification defense applies to both criminal and child welfare abuse allegations. (2). It does not apply to “Serious Physical Injury” child abuse cases. (3). What reasonable discipline is requires a totality of the circumstances inquiry, fact specific to each case and… Read more »
TRAVELING THROUGH EMERY COUNTY, UTAH ON I-70? Visiting the famous Green River and pulled over with marijuana you bought legally in Colorado on I-70? Call/txt Jake Gunter at (801) 373-6345 for a free consult. Avoid court. Avoid a conviction. OUT-OF-STATE DRUG CHARGES ON I-70? Were you stopped for speeding on I-70 and charged with marijuana… Read more »
Here are the most common and some obscurely used evidentiary burdens in Utah. Where they are used, who uses them and what really happens. Reasonable Suspicion (Exclusively Criminal Law) The legal definition: Reasonable suspicion means suspicion based on specific, articulable facts drawn from the totality of the circumstances facing the officer at the time of… Read more »
UTAH’S LICENSING INFORMATION SYSTEM DATABASE. WHAT IS IT? Having a supported finding of severe child abuse in Utah will get you listed on the Licensing Information System database. The LIS is private and not accessible by the public, but may disqualify you from certain licensure or jobs working in human services. I.E., children, vulnerable adults,… Read more »
NEPHI CITY/JUAB COUNTY RECKLESS DRIVING ATTORNEY JAKE GUNTER. CALL/TXT (801) 373-67345 Nephi City is the county seat of Juab County and has 6,600 people in 2020. Juab County has 12,155 people estimated by the census as of July 2021. Juab County has three courts: (1). The Fourth Judicial District Court—Juab County. (2). Juab County… Read more »
MERE ARREST RECORDS ARE EXPUNGEABLE IN UTAH Most people think that only Utah criminal convictions are expungeable. No. Records of arrest, dismissed cases that were filed, but subsequently dismissed are also eligible for an expungement. REQUIREMENTS TO EXPUNGE AN ARREST OR INVESTIGATION RECORD IN UTAH? Utah Code 77-40a-302 sets out the requirements to expunge… Read more »
2023 YOU SHOULD AVOID HAVING YOUR LICENSE SUSPENDED FOR A SIMPLE MARIJUANA CHARGES It happened again yesterday, a client called and stated his license was suspended for 6 months and he didn’t know it. He went to court alone without an attorney. Then he got pulled over in another county and cited for driving on… Read more »
WHAT TO DO IMMEDIATELY AFTER A DUI ARREST IN UTAH You just got pulled over, arrested, booked and now released on a Utah DUI. What are your immediate next steps? (1). Impound. If your car was impounded, start getting it out of impound. Stop those yard fees from rising as your car sits. (2)…. Read more »
