Can A Felony DUI Case Be Won In Utah?
It’s highly likely to win a felony DUI case if someone hires the right attorney and gives him the opportunity to do his job and to look at everything. It costs a lot of money to get the lab packet from the forensic lab on a blood case is a couple hundred dollars. Often you have to have an expert look at it information and that can be another five or six hundred dollars. It is highly likely that these felony DUI cases can be beat. It just takes some time, effort and money and the driver has to be willing and able to do that.
What Do You Say To Clients That Have Been Disheartened By Felony DUI Charges?
Attorney Nebeker tells his clients all the ways that can be used to defend someone who is going through some kind of issue of law, such as the stop wasn’t justified or the expansion wasn’t justified. He then explains that perhaps there was an error made at the lab, or the person wasn’t certified to draw their blood, or it was stored in the back of the officer’s patrol car for two weeks before they took it in and had it analyzed. He just gives them the possible legal challenges. He also discusses the other technical challenges like prior convictions and explains to explain to them there are several ways to get these felonies knocked out or get them reduced down.
It just takes time and it takes money, but it can be done. It’s definitely worth a fight because there are so many consequences that go along with a felony DUI that you have to go to trial on these cases if the prosecutor is not offering anything and the case needs to go to trial. Attorney Nebeker gives his clients hope to understand that officers are human, the lab technicians are human. Mistakes can be made along the way.
Attorney Nebeker explains to his clients what his qualifications are and that DUI defense is primarily 90% of his practice. He attends trainings and seminars and stays ahead on all of the latest science. It’s his ethical obligation to do so. In combining Attorney Nebeker’s training, background and experience with errors that can be made in these cases, he has a very good success rate.
Additional Information Regarding Felony DUI Charges
A first offense, or a second offense DUI is a Class B misdemeanor. In Utah, though, you can have a Class A misdemeanor that is between a felony and a Class B misdemeanor. It goes Class B, Class A, and then felony level DUI. To get to a Class A misdemeanor a driver would have to be convicted of DUI and have a passenger in their vehicle that’s under the age of sixteen. That DUI is going to get enhanced to a Class A misdemeanor. The Class A misdemeanors, instead of a maximum six months in jail, can be a maximum of a year in jail and twenty-five hundred dollars in fines and surcharges. The other way to get to a Class A misdemeanor in Utah is with bodily injury. A lot of prosecutors interpret this as if there is any injury. If you get in a car accident and you are driving under the influence and the other person guy bumps his head, if they wanted they could try and file that as a Class A misdemeanor for any injury versus the felony which is serious bodily injury.
For more information on Winning Felony DUI Cases In Utah, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (801) 309-6966 today.