November 06, 2012 (Press-News.org) A district court judge in Salt Lake County, Utah, made an unusual move recently when he dismissed a DUI case after questions arose about the arresting officer's credibility.
The judge found that the police officer, a corporal in the Utah Highway Patrol, had given false testimony about reprimands she had previously received. As a result, the judge concluded that the officer's testimony regarding the DUI arrest was unreliable and could not be used to convict the suspect, according to a report by the Salt Lake Tribune. The UHP officer testified that she had arrested the man on suspicion of DUI after pulling him over for a broken license plate.
Under the Fourth Amendment's ban on unreasonable searches and seizures, a police officer may not legally conduct a traffic stop unless he or she has a reasonable suspicion that the driver has broken the law. For instance, an officer may stop a vehicle after witnessing the driver run a stop sign, which violates traffic laws, or after seeing a vehicle weaving in and out of lanes, which creates a reasonable suspicion that the driver may be intoxicated.
After the judge determined that the UHP officer's testimony about the broken license plate was not credible, he dismissed the case because it was unclear whether there was a reasonable to suspicion to justify the traffic stop as required by the Constitution.
According to the Salt Lake Tribune, the officer involved in the case has been taken off patrol and reassigned to non-law-enforcement duties pending an investigation by the UHP and the Utah County Attorney's Office. She was found to have made false statements about reprimands for failure to follow UHP procedure during traffic stops in 2010, which her attorney characterized as common mistakes among police officers, the Tribune reported.
If you have been charged with DUI in Utah, contact an experienced DUI defense lawyer to help protect your rights and defend against the charges.
Article provided by Ayres Law Firm
Visit us at http://www.utahduihotline.com
Utah DUI Case Dismissed After Officer's Credibility Questioned
A district court judge in Salt Lake County, Utah, made an unusual move recently when he dismissed a DUI case after questions arose about the arresting officer's credibility.
2012-11-06
ELSE PRESS RELEASES FROM THIS DATE:
Child Custody in Rhode Island
2012-11-06
One of the most difficult things about a divorce is often deciding who gets custody of the children. In some cases, parents are able to make arrangements between themselves that they feel best suit the needs of their children. However, often times parents cannot resolve their differences of opinion regarding child custody and the court must step in to make the decision. Parents in Rhode Island should be aware of the different types of child custody and how Rhode Island courts make custody determinations.
Types of Child Custody in Rhode Island
Rhode Island Law breaks ...
Making Holidays Easier for Co-Parents and Children After Divorce
2012-11-06
Making Holidays Easier for Co-Parents and Children After Divorce
Holidays can be stressful for many people, with the shopping, entertaining, events and family obligations that accompany holidays. Things can become even more hectic for parents who are divorced, since they have to try to work out who gets time with the children on which holidays. Parents can take some steps to make holiday scheduling easier on themselves and their children.
Plan Ahead
Parents should begin discussing holiday plans well in advance of the actual holidays themselves. Discussions may ...
Sex Offender Registration Requirements in Kansas
2012-11-06
Sex Offender Registration Requirements in Kansas
A conviction for a sex crime in Kansas can have a greater impact than many people may anticipate. Aside from the serious legal consequences - which can include long prison sentences and in many cases life sentences - a conviction can burden a man for the rest of his life with other consequences like lifetime registration and non-expungability so the conviction remains on their record forever. Of course, registration can be humiliating, like hanging a 21st century scarlet letter around a person's neck wherever they may ...
Common Questions About Child Support in Texas
2012-11-06
Common Questions About Child Support in Texas
Parents have a responsibility to support their children financially. When parents split up, one of the ways a parent can fulfill his or her financial responsibility for the children is through child support payments. The child support system can seem confusing to many Texas parents, leaving them with questions about how much support the court will order and how the court determines the amount of child support payments.
When Will the Court Order Child Support?
The court issues child support orders in a number of cases. ...
California Workers' Comp Overhaul Brings Tradeoffs for Injured Employees
2012-11-06
California Workers' Comp Overhaul Brings Tradeoffs for Injured Employees
California Governor Jerry Brown recently signed off on a major overhaul of the state workers' compensation system. The bill, which is intended to reduce costs and streamline the claims process within the California workers' compensation system, has received widespread support on both sides of the aisle and is regarded by some as victory for businesses and injured workers alike. However, the bill's long-term consequences for injured workers in California remain uncertain.
The new law brings major ...
Governor Approves Mining Safety Reforms in West Virginia
2012-11-06
Governor Approves Mining Safety Reforms in West Virginia
West Virginia Gov. Earl Ray Tomblin commemorated the signing of the state's new mine safety reform law in a ceremony at the State Capitol on March 21, just days shy of the 2-year anniversary of an explosion at the Upper Big Branch mine that killed 29 miners on April 5, 2010.
The new legislation is aimed at preventing mining accidents and increasing oversight in the West Virginia mining industry. The bill includes provisions that will require pre-employment and random drug testing for mine workers. Until now, ...
Motorcycle Safety and Helmet Use in New Jersey
2012-11-06
Motorcycle Safety and Helmet Use in New Jersey
Even though traffic accident fatalities are down overall, motorcycle fatalities are on the rise across the country. The increasing number of deadly motorcycle crashes makes it all the more important to focus on motorcycle safety.
According to the Federal Highway Administration?, about 2,500 motorcycles are involved in crashes every year in New Jersey. While the number of fatalities related to motorcycle accidents has remained near 60 over the last two years in New Jersey, the previous handful of years saw over 350 motorcyclist ...
Don't Let Connecticut Estate Plans Become Outdated
2012-11-06
Don't Let Connecticut Estate Plans Become Outdated
Many people understand the importance of creating estate plans. Well-drafted estate plans not only give directions for distributing a person's assets after he or she dies, they also allow a person to provide for loved ones after passing on, name guardians for minor children, give instructions on the extent of medical care he or she wishes to receive if incapacitated and appoint others to make important decisions on his or her behalf in the event of incapacity. However, after doing the initial work of estate planning, ...
New York State Appellate Court Gives Insight on Calculation of Alimony
2012-11-06
New York State Appellate Court Gives Insight on Calculation of Alimony
A recent ruling by a New York appeals court provides divorce attorneys in the state with guidance on the new version of the Domestic Relations Law, which sets out a formula to calculate temporary spousal maintenance. The new version of the law differs from the old in that it requires judges to follow a formula rather than determining a temporary spousal amount that "justice requires."
Under the updated Domestic Relations Law, judges are supposed to determine the presumptive amount of ...
Protection Orders in New York May Overlap in Family and Criminal Court
2012-11-06
Protection Orders in New York May Overlap in Family and Criminal Court
The Cashman stalker case has put protection orders in the news across New York. The case stemmed from criminal court, but the Cashman case also had implications for his family. Brian Cashman, the general manager of the New York Yankees, filed for a protective order against Louise Meanwell for allegedly stalking Cashman over the internet, sending threatening text messages and attempting to extort Cashman for $15,000. Since Cashman and Meanwell are not married, the case brings up important questions ...
LAST 30 PRESS RELEASES:
New ‘shy’ fungus found in old-growth forest
Some nicotine pouch flavors much more addictive than others
Low doses of antibiotic work just as well as higher ones to treat rare type of chronic hair loss
Social media pressures could make friendship a full-time job
CD2AP and Alzheimer’s disease: A key regulator of neurodegeneration and potential therapeutic target
Maternal infection disrupts newborn brain development: A link to neurodevelopmental disorders
inait announces collaboration with Microsoft to deploy novel AI based on digital brains across industries
The Open Brain Institute announces the dawn of a new frontier in neuroscience
Helicobacter pylori treatment practices in the Asia-Pacific region
Nearly one in ten unsure if they have Long Covid
Scientists unlock new dimension in light manipulation, ushering a new era in photonic technology
Current antivirals likely less effective against severe infection caused by bird flu virus in cows’ milk
Lassa fever vaccine enters phase 1 clinical trial
Institute for Healthcare Improvement Honors Hebrew SeniorLife’s Orchard Cove and NewBridge on the Charles
Dialing in the temperature needed for precise nuclear timekeeping
Fewer than half of Medicaid managed care plans provide all FDA-approved medications for alcohol use disorder
Mount Sinai researchers specific therapy that teaches patients to tolerate stomach and body discomfort improved functional brain deficits linked to visceral disgust that can cause of food avoidance in
New ACP guideline recommends combination therapy for acute episodic migraines
Last supper of 15-million-year-old freshwater fish
Slow, silent ‘scream’ of epithelial cells detected for first time
How big brains and flexible skulls led to the evolution of modern birds
Iguanas floated one-fifth of the way around the world to colonize Fiji
‘Audible enclaves’ could enable private listening without headphones
Twisting atomically thin materials could advance quantum computers
Impaired gastric myoelectrical rhythms associated with altered autonomic functions in patients with severe ischemic stroke
American College of Cardiology issues concise clinical guidance on evaluation and management of cardiogenic shock
Psychological prehabilitation improves surgical recovery, study finds
Neighborhood dispute among cells: Whichever successfully exerts force wins
Deadline extended for the fifth edition of the SWIM Award for Science Journalism
Unique dove species is the dodo of the Caribbean and in similar danger of dying out
[Press-News.org] Utah DUI Case Dismissed After Officer's Credibility QuestionedA district court judge in Salt Lake County, Utah, made an unusual move recently when he dismissed a DUI case after questions arose about the arresting officer's credibility.