Can I be pulled over for driving under the speed limit in Utah?
Most commonly, police officers stop people for driving OVER the speed limit. But under some circumstances, Utah law allows a police officer to pull you over for driving under the speed limit. If you have been stopped by a police officer, an experienced Utah criminal defense lawyer can help you determine whether your Fourth Amendment rights may have been violated.Driving under the speed limit, by itself, is not a crime. To justify stopping a driver for going under the speed limit, the officer must be able to articulate some other facts or conditions that create a reasonable suspicion of a crime. If you are driving so slowly that you are obstructing traffic, that by can be considered a traffic offense. If home break-ins or vehicle burglaries have been reported in the area, an officer may have reason to stop a suspicious vehicle. But police officers sometimes use a slow-moving vehicle as a pretext for investigating other crimes.
More serious charges may arise depending on what police officers observe after they make the traffic stop. If an officer observes drug paraphernalia or an open container of alcohol, smells alcohol on the driver's breath, or notices bloodshot eyes or other indicators that a person may be under the influence of a controlled substance, an officer may decide to investigate further by conducting field sobriety tests or searching for drugs. If evidence of burglary tools or stolen property is observed, that may sometimes contribute to a determination of reasonable articulable suspicion or probable cause to search further.
If you have been pulled over for driving under the speed limit in Utah, you should consult with an experienced criminal defense attorney to determine the best way to defend your case. A motion to suppress for Fourth Amendment violations may be appropriate.
Based in Salt Lake City, Stephen Howard offers legal services to clients throughout Utah. Contact us today to schedule an initial consultation and case analysis with our Salt Lake criminal defense attorney.
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Not Guilty - Client was charged with aggravated assault for allegedly pointing handgun at and threatening another driver during a road rage incident. Defense investigation and analysis, combined with effective cross-examination at trial indicated the alleged victim was the initial aggressor and suported client's self-defense claim. Jury acquitted client at trial.
Dismissed on Appeal - DUI case was dismissed after a successful appeal where the Utah Court of Appeals reversed the trial court's denial of the defense motion to suppress. Without the suppressed evidence, the prosecutor acknowledged that they did not have sufficient evidence to proceed to trial and the case was dismissed.
Expunged - Client with prior conviction for violent felony was ineligible for expungement through the courts. A successful 2-step reduction restored expungement eligibility and ultimately led to the court's decision to grant the requested expungement.
Dismissal - Client was charged with first-degree felony home burglary and facing potential life in prison. Defense analysis revealed flaws in prosecutor's case which led to abeyance agreement intended to lead to a full dismissal of the case.
- Recent Posts
How is drug paraphernalia defined in Utah? - The definition of drug paraphernalia under the Utah criminal code looks at both the nature of the object and also the intended use of the object in question. . . .
Can
I handle a Utah misdemeanor from out-of-state? - Even if you do not intend to take your case to trial, a misdemeanor criminal offense in Utah can require multiple court appearances to reach a resolution. If you have been charged with a crime in Utah, but are not a Utah resident, an experienced criminal defense attorney may be able to help you resolve
the case without returning to the state. . . .
Successfully defending against criminal prosecution requires more than just an 'aggressive' defense. The best defense attorneys understand that a sophisticated defense requires a thorough understanding of a variety of nuanced legal issues, real experience in the courtroom, good negotiation skills, and much more. Fighting hard is good. Fighting smart is better....
Strategy »
Finding the right criminal defense lawyer for you Utah criminal case will be one of the most important decision you make. Before hiring any lawyer, there are a number of important factors to consider. The person you select as your criminal defense attorney will be responsible to defend your case and protect your rights....
Experience »
Jail time, prison time, thousands of dollars in fines, and the lifetime collateral consequences of having a criminal conviction on your record - all of these and more are at stake when you are facing criminal prosecution in Utah. Understanding what is at risk is critical. Even so-called "minor" misdemeanor cases can have serious consequences....
Consequences »
Clients sometimes ask what the "worst case scenario" is for their charges. We prefer to take a more positive approach. Facing criminal prosecution in Utah can have serious consequences. But you can take steps and make choices right now that will improve your chances of a positive outcome. Let us help you....
Reasons to Hope »
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Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, and Wasatch Counties, and all of Utah.
Attorney Stephen Howard practices as part of the Canyons Law Group, LLC and Stephen W. Howard, PC.
Offices in Salt Lake and Davis Counties
560 South 300 East, Suite 200, Salt Lake City, UT 84111
952 S. Main St., Suite A, Layton, UT 84041
Call now to arrange for a confidential initial consultation with an experienced and effective Utah criminal defense lawyer.
In Salt Lake City, call 801-449-1409.
In Davis County, call 801-923-4345.
Stephen W. Howard, PC
Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, and Wasatch Counties, and all of Utah.
Offices in Salt Lake and Davis Counties
560 South 300 East, Suite 200, Salt Lake City, UT 84111
952 S. Main St., Suite A, Layton, UT 84041
Call now to arrange for a confidential initial consultation with an experienced and effective Utah criminal defense lawyer.
In Salt Lake City, call 801-449-1409.
In Davis County, call 801-923-4345.
Stephen W. Howard, PC
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