Stevi Man Arrested For Fifth DUI After Flagging Down Officer

Attorney Matthew Nebeker comments on news item in about Stevensville man who is facing a fifth DUI charge after being arrested by the officer he flagged down.

This Stevensville man made some poor decisions on this particular day. Of course, Driving Under the Influence would be at the top of the list, and second would be flagging down a Deputy to ask if a gas station was open. I am going to do what everyone else should do and presume that he is innocent. I do not see any issues with the Deputy contacting the Driver, the Deputy seen him stumble out of his vehicle, and then the Driver flagged the Deputy down. I do not see any issues with the probable cause for the arrest of the driver, he could not pass the Standard Field Sobriety Tests, plus he had a suspended license.

The focus of the defense on this case is going to be the chemical test, was it a blood or breath test, and was it properly collected and documented. The second issue is going to be the prior offenses. If they are using the Utah and Arizona prior convictions to enhance this current offense to a felony then it is going to be important to make sure that the records of the underlying priors are complete and accurate. It would be important to know if the Driver was properly represented, and if not, did he waive his constitutional right to counsel. Sometimes it can be difficult for the prosecution to get that information from other states. If they do not have a complete, and accurate record from the other states then the felony enhancement for this driver might be successfully challenged, and reduced to a misdemeanor DUI. Once the charge is reduced to a misdemeanor then it is back to the breath or blood test trying to get it suppressed so it cannot be used at trial.

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Attorney Matthew L. Nebeker provides strong and aggressive legal representation for DUI cases in Salt Lake

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