Recent UHP problems shows importance of strong DUI defense, Salt Lake City attorney says

By: Levitt Legal, PLLC
 
SALT LAKE CITY - May 21, 2015 - PRLog -- In the past few weeks, some problems have come to public attention involving the DUI patrol of the Utah Highway Patrol, ranging from an officer saying a man failed a field sobriety test that was never administered to the head of the DUI squad being placed on administrative leave for unclear reasons. Regardless, the multiple problems highlight why anyone accused of drunk driving should seek the services of an attorney, said Salt Lake City DUI defense lawyer Darren Levitt.

“If arrested, your attorney will carefully review every step the police took and challenge anything they did that was wrong, whether it was an intentional act or a mistake,” Levitt said. “Any misstep in DUI testing or any lack of reasonable suspicion could lead to evidence or arrests being tossed out, and your charges being reduced or dismissed.”

In one case, a UHP officer was revealed to have lied about conducting a field sobriety test in 2013. As a result, Salt Lake City prosecutors have suspended all cases currently pending that resulted as an arrest by the officer.

In the August 2013 case, UHP officer Neil Green pulled over a man named Gavin Gabor in Davis County for allegedly turning without signaling. Green found a warrant for a prior traffic violation for Gabor. However, instead of arresting him for that warrant, Green questioned Gabor for several minutes before placing him under arrest for DUI with drugs.

Green wrote in the report that he conducted a field sobriety test, and that Gabor failed. Footage from a dash cam, however, revealed that no such test was given. Gabor attempted to question Green on the matter at a license suspension hearing. However, his efforts failed, and his license was suspended.

It was only after Gabor retained the services of an attorney was the matter successfully challenged. UHP began an investigation, and Green promptly resigned. The case against Gabor was dismissed.

The matter recently became much more public after the Salt Lake District Attorney tried to prosecute a case originating from an arrest by Green. When prosecutors attempted to subpoena Green, they discovered the issue and suspending all pending cases.

UHP has also come under unfavorable light recently because the lieutenant in charge of the DUI task force was placed on administrative leave. UHP would not give the reasons for the leave. However, Ogden Police they were investigating accusations at UHP’s request.

“With all of the misconduct occurring in this agency, it’s important that anyone arrested immediately seek legal counsel,” Levitt said. “An attorney can challenge any and all missteps in your DUI arrest.”

Darren Levitt is a Salt Lake City DUI lawyer (http://www.defenselawutah.com/CriminalDefense/DrunkDrivin...) who represents people accused of drunken driving, along with drug charges and other offenses, in Salt Lake County, Box Elder County, Weber County and the surrounding areas.
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Source:Levitt Legal, PLLC
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