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.
- What You
Need to Know - Choosing an Attorney
- Avoiding Common Mistakes
- First-Time
Offenders
- Repeat
Offenders
- Out-of-State
Clients
- What to Expect in Court
- Potential Penalties
- Reasons for Hope
- Attorney Practice Areas
- Felonies / Misdemeanors
- District / Justice Courts
- Jury Trials / Bench Trials
- Pleas in Abeyance
- Expungements
- 402 Reductions
- Bench / Arrest Warrants
- Constitutional Violations
- Probation
- Appeals
- Juvenile Courts
- Selected Crimes
- Drug Crimes / Addiction
- DUI / Alcohol Crimes
- Property Crimes
- Financial / White Collar
- Violent Crimes
- Domestic Violence
- Aggravated
Crimes
- Selected Victories
Not Guilty - Client was charged with aggravated assault for alleged attack using broken bottle as a weapon. Despite the testimony of numerous prosecution witnesses, thorough defense investigation to support a self-defense claim resulted in acquittal by jury at trial.
Dismissed -
Client facing first-degree felony drug distribution
charge and potential life in prison. Charges were based on allegations that client had sold drugs to an undercover police officer, then made a full confession. Successful mitigation work
resulted in negotiated offer of misdemeanor plea-in-abeyance and
ultimate dismissal of case.
Felony Reduced - Client with prior felony conviction was granted a 402 reduction to the misdemeanor level over the objection of the prosecutor. Based on information provided to the court in support of the defense motion, the judge ruled in favor of the defense.
Not Guilty - Client was charged with residential felony burglary and theft charges. Effective cross-examination of alleged victim at preliminary hearing resulted in an admission by the alleged victim that the charges were based on a false report to police, made for the purpose of getting revenge against the defendant. Case was dismissed outright.
- 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. . . .
Aggressive is good. Effective is better. The best defense strategy in any given criminal case can require in-depth analysis of the facts and a thorough understanding of applicable statutes, case law, and complex procedural and evidentiary rules. Having an experienced attorney on your side....
Strategy »
Choosing the best criminal defense attorney for your Utah criminal case may be the single most important decision you make. The courtroom can be a hostile place. Prosecutors receive extensive training on legal and tactical issues. Having an experienced criminal defense lawyer on your side is critical to defending your case and protecting 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 »
Never give up hope. Being charged with a crime is not the same as being convicted. And it is usually not the end of the world. While the consequences of a criminal charge can be serious, there are often several options and strategies for handling your case. Understanding your options and how an experienced criminal lawyer can help....
Reasons to Hope »
Home | Attorney Profile | Case Results | Criminal Code | FAQ | Legal Resources | Defense Strategy | Contact Us
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
The materials in this website are
intended for informational
purposes only, and are not legal
advice. Viewing or responding to
materials in this site does not create
an attorney-client
relationship. Read
Full Disclaimer.