Thursday, February 16, 2012

Eye Witnesses

This is a great story about how eye witnesses can be influenced by circumstances to misidentify the innocent individuals. Jon Adrian Velazquez, currently serving 25 years to life at Sing Sing prison for the murder of a retired cop, started writing letters to a Dateline producer in 2002. He claimed he was wrongfully convicted and challenged Dateline to find any evidence of his guilt. A 10-year investigation begins.  Click on link for full story

 Witness error

Monday, May 23, 2011

Utah Driver's License Division Hearing

When you have been arrested for DUI in Utah there are two proceedings that are commenced. The criminal proceedings and the suspension of driver’s license proceedings.

The criminal proceedings will commence automatically and you will be in court with your attorney as the case progresses.

The Utah Driver’s License Division proceeding also commences automatically and will suspend your license without setting a hearing. In order to participate and defend your driving privileges you must request the hearing within (10) days of receiving the citation. If your license is suspended the suspension will be substantial.  

                                      120 days for a first DUI

                                       2 years for a second DUI

                                       2 years for a third DUI 

Needless to say, that suspension of your driver’s license for any length of time can have a significant impact on your day-to-day life. If you have been charged with DUI in Utah and want to protect your license you must request a hearing immediately.


Call Michael B. Ipson at Ipson Law Firm, PLLC. We have defended many clients all over the State of Utah at these hearings and will fight hard to protect your driving privileges. (801)332-9655

Utah Underage DUI

Being charged with Underage DUI in Utah is unique from a typical DUI for a few reasons. In order to be convicted the prosecution only needs to show that the defendant is under the age of 21 and they have any measurable amount of alcohol in their system. Also minor convicted of Underage DUI in Utah will have their license suspended until they reach the age of 21 which will greatly impede the minor’s work, school, and social life.

Consequently, because is obviously illegal for minor to drink or possess alcohol it is also likely that they will have an illegal consumption or possession of alcohol charge added on as well. To be convicted of this charge the prosecution can use the same evidence as the DUI, that there was any measurable amount of alcohol in the defendant’s system

If you have been charged with Underage DUI or Illegal Consumption or Possession of Alcohol in Utah call Michael B. Ipson at Ipson Law Firm PLLC. We have defended many clients in Ogden, Layton, Salt Lake, Provo, and all over the State of Utah who have had these charges and understand what it takes to get our clients acquitted. (801) 332-9655

Sunday, May 22, 2011

Utah Metabolite DUI

 In Utah, a DUI Metabolite is operating a motor vehicle with a measurable amount of controlled substance in your system. A controlled substance can be any one of the following:

                                                                                                               Prescription drugs
                                                          i     Marijuana
                                                        ii     Other illegal drugs

Unlike with an Alcohol DUI, with a Metabolite DUI the prosecution needs to show that ANY measure amount of the controlled substance was in your system while you were driving. Not that you were impaired as a result of the controlled substance. The State’s evidence normally consists of a Blood Urine and Oral Fluid test that the individual submitted to or was obtained by warrant that show you had a controlled substance in your body.

 In addition, to the investigating the reason you were stopped and the sufficiency of the probable cause here are some statutory defenses to DUI Metabolite in Utah. The first involves the scenario where some illegal or prescription was slipped to an individual without them knowing. The other is when you have a prescription for the controlled substance and you were taking it as prescribed.

If you have been charged with a DUI Metabolite in Utah call Michael B. Ipson at Ipson Law Firm, PLLC. We have defended many clients in Ogden, Layton, Salt Lake, Provo, and all over the State of Utah who have been charged with DUI Metabolite and understand what it takes to get our clients acquitted. (801) 332-9655

Utah Alcohol DUI

 In Utah, to be convicted of Driving Under the Influence (DUI) the prosecution must show the defendant has a blood or breath alcohol concentration (BAC), of .08 grams or more at the time of operating or being in physical control of the vehicle. In Utah, the prosecution may also convict a Defendant of Driving Under the Influence (DUI) if they are under the influence of drugs, alcohol, or both which makes that person “incapable of safely operating a vehicle.”

  Being convicted of a DUI in Utah carries with it very stiff penalties which will cost you thousands of dollars in fines, in substance abuse classes, possible installation of ignition interlock device, insurance rate hikes, and possibly jail time. Furthermore, having a DUI on your record will impact your personal interests for the rest of your life. 

 There are many ways to defend an alcohol DUI in Utah. Some of the most common we employ is investigating whether or not there was adequate justification for you to be stopped in the first place. If a Field Sobriety Test was administered to help establish probable case we will meticulously examine the test to see if the officer made any mistakes or if there were outside influences that could have skewed the test result. Finally, we will examine the Breath or Blood Urine and Oral fluid test results to see if there were any mistakes involved in your testing.

If you have been charged with a DUI in Utah call Michael B. Ipson at Ipson Law Firm, PLLC. We have defended many clients in Ogden, Layton, Salt Lake, Provo, and all over the State of Utah who have been charged with DUI and understand what it takes to get our clients acquitted. (801) 332-9655

Utah Breath Tests

     Police officers and Highway Patrolmen in the State of Utah are trained in many different forms of testing to detect driver impairment. Breathalyzer testing in the State of Utah is relied on heavily by law enforcement as evidence to establish probable cause for the arrest and to establish guilt at trial. 

  There are 2 types of breath tests: A portable breath test (PTB) which is a hand-held device which the officer will have with him on the scene; and an Intoxilyzer which is either in the back of the officer’s vehicle or at the police station.

The PTB is very unreliable, inaccurate, and really is only used to help establish probable cause and confirm the result of the officer’s other field sobriety tests. There is no penalty for refusing to take a portable breath test PTB in Utah. As a result, it is never advisable to take the PTB not only because of its inaccuracies but because it only helps the officer build a case against you.

The second type of breath test is the Intoxilyzer. Unlike the PTB, refusing to take an Intoxilyzer in Utah can carry stiff penalties. If you refuse the take the Intoxilyzer and it is the first time you are being arrested for a Utah DUI your license could be suspended for 2 years. If it is your second or more DUI it could be suspended up to 3 years. However, that suspension is no guaranteed. In order to preserve your license you will have to request and attend the Driver’s License Division hearing. At the hearing, the State will have to present their evidence that you were driving while under the influence. If you have not done the Field Sobriety Test and have not blown for the Intoxilyzer, the State will have less evidence to use against you increasing the strength of your defense and your chance of retaining your driving privilege. Just understand, there is no guarantee of success and there are risks for refusing to take the Intoxilyzer.

 If you decided to take the Intoxilyzer and the result shows that you were (.08) or above that does not mean you should just give up. There are many things that could be wrong with the result and the experienced attorneys at Ipson Law Firm, PLLC will know which questions to ask. For example was the machine property calibrated, was the administrator’s certification current or had it lapsed, what was the reason you were stopped in the first place? All of these reasons and many more could lead to a not guilty verdict.

If you have been charged with a DUI in Utah call Michael B. Ipson at Ipson Law Firm, PLLC. We have defended many clients in Ogden, Layton, Salt Lake, Provo, and all over the State of Utah who have been charged with DUI and will fight hard to protect you. (801)332-9655

Utah Field Sobriety Test

Police officers and Highway Patrolmen in the State of Utah are trained in many different forms of testing to detect driver impairment. One of the most commonly used non-chemical test used by Utah law enforcement is the Standardized Field Sobriety Test.




                                  The one-legged stand test





                                  The walk and turn test





                      The HGN (Horizontal Gaze Nystagmus) test


 Utah law enforcement doesn’t want you to know is you never have to take a sobriety test. The officer may immedately arrest you once you deny taking the test. But if they suspect you were drinking they were going to arrest you regardless if you had done the Sobriety Test or not. By refusing to do a Field Sobriety Test you are only denying the Utah officer and prosecutor of evidence they are going to use against you in your DUI case and at the Driver License Hearing (DLD). 

If you were pulled over for DUI in Utah and submitted to a Field Sobriety Test we can still help. At Ipson Law Firm, PLLC we have defended many Utah clients that submitted to the sobriety test and still win or obtain a favorable result. There a many guidelines that Utah officers are required to follow when administering a sobriety test and when they don’t the results can be discredited or thrown out. 

  If you have been charged with a DUI in Utah call Michael Ipson at Ipson Law Firm PLLC. We have defended many clients in Ogden, Layton, Salt Lake, Provo and all over the State of Utah who have been charged with DUI and will fight hard to protect you. (801) 332-9655