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Questions Answered by William Melton
2 Answers | Asked in DUI / DWI for Utah on
Q: I received a citation/summons for my first DUI last night. Will I lose my license?

I apparently drove my vehicle into a ditch and was unresponsive but don’t remember the events in question.

William Melton
William Melton
answered on Feb 25, 2023

Yes, when you get a DUI it starts an automatic driver license suspension in 45 days. You can request a hearing to try and stop it. You only have 10 days from the date of DUI to request the hearing from the DLD. You should consult an experienced DUI attorney for help. DUIs are complicated and have... Read more »

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1 Answer | Asked in Criminal Law and Juvenile Law for Utah on
Q: I pressed charges for finding marijuana in my son's(15) but now 2 days later I am dying with regret. Can I drop those?
William Melton
William Melton
answered on Jan 8, 2023

No, you can't. It is a common misconception that the person who reports something to the police is "pressing charges." That is now how it works. You may report the case, but one you do it is out of your hands. The government (the prosecutor) is always the one who brings the charges.... Read more »

1 Answer | Asked in Traffic Tickets for Utah on
Q: If I’m driving in city A with no headlights can city B pull me over and have the case held In city B court.

Didn’t/wasn’t driving in city B when the offense happened

William Melton
William Melton
answered on Dec 6, 2022

Police officers can pull you over in any city. They are not restricted to "their" city for jurisdiction. However, if they pull you over in another city, the case would be in that other city. This is a slightly more complicated answer, because there may be times when that can happen. It... Read more »

2 Answers | Asked in Criminal Law for Utah on
Q: My husband hit my ex’s car window, now he’s being charged with disorderly conduct. Is getting an attorney worthwhile?

I was trying to speak to my ex husband about our children, and he disrespectfully rolled up his window while repeating, “I don’t care.” My husband approached the vehicle. He slapped the car window (open palm) to get my ex’s attention and asked him to listen to me. My ex then rolled the... Read more »

William Melton
William Melton
answered on Nov 25, 2022

It is always a good idea to consult with an attorney. Disorderly conduct can be charged as an infraction or as a misdemeanor. You should definitely at least speak to an attorney so they can advise your husband on the potential penalties of the charge. Having the disorderly conduct could come back... Read more »

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1 Answer | Asked in Traffic Tickets for Utah on
Q: I receive a speeding ticket in UT for driving 92 in a 70 mph zone. I live in CA. Can I contest without court appearance?

I would like to dispute the ticket as I don’t believe I was driving that fast and was going with the flow of traffic. Is there a way to dispute or dismiss a ticket without appearing at court?

William Melton
William Melton
answered on Nov 20, 2022

Many courts are still allowing people to appear by video when they live out of state. You can either contact the court and see if they'll allow you to appear by video. Or, you can contact an attorney in Utah who handles traffic tickets to assist you.

1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Utah on
Q: I was stereo typed, passing this cop, he flipped around as i pulled into my trailer park which is posted no trespassing

Our lots are owned by the people not rented. He sped up im already around the corner and pulled up to my house. Flips his lights. He asks for my info and pulled me out of my truck. Doesnt say or ask anything takes his dog and goes right in my truck. Can he do that? Im asking him hey where is your... Read more »

William Melton
William Melton
answered on Nov 18, 2022

You need to contact an attorney to review and assist you in your case. You need an attorney. Do not speak to anyone about the case and consult with an attorney. Based of what you're saying there are likely many issues with the officers conduct, but until an attorney looks at all the police... Read more »

1 Answer | Asked in Traffic Tickets for Utah on
Q: I received a speeding ticket for going 73 on a 50. I’m only 17. Can I get points reduced so my license isn’t suspended?

I received a ticket for going 23 mph over, which will result in 75 points on my record. I’m under 21 which means I can only have 70 points on my record. What can I do to reduce points so I don’t have my license suspended? I have a clean driving record prior to this incident.

William Melton
William Melton
answered on Nov 6, 2022

You contact the prosecutor to see if they will reduce the speed or allow you to complete traffic school. You can also contact an attorney to help you. Speeding tickets are only infractions so the court won't appoint you an attorney.

1 Answer | Asked in Criminal Law for Utah on
Q: (Utah) I was convicted of F3 Voyeurism, but I might be in a Catch-22 as far as post sentence relief.

I was released from prison in 2019. From my research, I can only qualify for SO Registry removal if my conviction was Misdemeanor Voyeurism and not Felony Voyeurism, however, since I'm on the registry I apparently don't qualify for a 402 reduction, and since I'm convicted of a felony... Read more »

William Melton
William Melton
answered on Oct 2, 2022

I haven't reviewed the statute on the length of registration for your offense, but assuming it is a 10 year registration (10 year from the end of probation) you cannot get a 402 reduction while you're on the registry. There is no exception to this. So you have to be off the registry... Read more »

2 Answers | Asked in Criminal Law for Utah on
Q: In utah during a search warrant do the officers need to be wearing body cams
William Melton
William Melton
answered on Sep 29, 2022

Aric is correct. Every police department should have a policy regarding body cameras. You should contact an attorney to represent you. They will know how to get the body cam and the police department's policy.

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1 Answer | Asked in Traffic Tickets for Utah on
Q: Im 17 and got a ticket in Colorado and I live in utah, can my ticket be taken care of over the phone?

I don't know if I have to show up in person to Colorado to get this taken care of or if I can just pay my fine over the phone? On the citation it says that a parent or guardian has to be with me in my "court date" The problem is my parents say they won't drive to Colorado with... Read more »

William Melton
William Melton
answered on Sep 28, 2022

You need to ask an attorney in Colorado to know for sure, but I think you can just pay the fine without appearing. Most states allow traffic tickets to be resolved without personally appearing. You should call the court directly and ask them. They may even have an option for you to... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Utah on
Q: Can a plaintiff without representation request a plea in abeyance from an attorney? What would they need to provide?
William Melton
William Melton
answered on Jul 26, 2022

The plaintiff is the city/state that is prosecuting you. You would be the defendant. You can always represent yourself and contact the prosecutor to see if they will offer you a plea deal (a plea in abeyance is a type of plea deal).

1 Answer | Asked in Traffic Tickets for Utah on
Q: I was got a speeding ticket in utah driving at 27mph over speed limit on a 65mph road. Can i get it dismissed?

The cops says he caught me on radar going 31mph over the limit. I was pretty sure I was going around 90 which is 25mph over the limit. There were no cars on the road & it was downhill.

William Melton
William Melton
answered on Jul 15, 2022

It is unlikely that your ticket will get dismissed. There is a huge push right now, especially by highway patrol, to catch and ticket high speed violators. Most troopers aren't cutting any sort of breaks. There are some ways to fight traffic tickets, but a lot of the time we are able to... Read more »

1 Answer | Asked in Gov & Administrative Law, Criminal Law and Landlord - Tenant for Utah on
Q: Is it ok that the state of Utah doesn’t have to prove intent to commit a crime, because they assume everyone lies?

I’ve spoken with multiple attorneys and they said that, in the state of Utah, it doesn’t matter. If you know the laws, because the courts in Utah believe that if they required intent, then everyone would just lie and say they didn’t know the laws.

Utah gets a lot of tourism, and... Read more »

William Melton
William Melton
answered on Jun 14, 2022

It depends on the law, but the overwhelming majority of crimes have an intent requirement that must be proven. There are some crimes such as DUI that are considered strict liability crimes and the state does not have to prove intent. I don't know what attorneys you're talking to, but I... Read more »

1 Answer | Asked in Traffic Tickets for Utah on
Q: Given a ticket for speeding on I15, officer didn't write my license info on the ticket, just my name. NY state. plead no

I was given a ticket for speeding on I15 , officer did not write my driver's license information, just my name, I have a NY state license. I want to fight the ticket for lack of information on the ticket and I went to court to dispute it for missing information on the ticket. Is it enough for... Read more »

William Melton
William Melton
answered on May 9, 2022

The short answer is no. There is a misconception that some missing or inaccurate information on a ticket is grounds to have it dismissed, but unfortunately that isn't the case. Any issues in the ticket can be fixed by the prosecutor and things like your driver license number are just ways to... Read more »

1 Answer | Asked in Criminal Law for Utah on
Q: Whyd you assume I just wanted to complain about loosing a case?

My attorney gave me empty promises told me a price then that price sky rocketed right after his promise fell through. He then told me if I go to treatment and and stay in contact with him I won't get a warrant well multiple rehabs and calling him withy case managers and talking to his clerk... Read more »

William Melton
William Melton
answered on May 8, 2022

I would suggest reviewing the agreement you signed with the attorney and seeing if they will discuss it with you. If they told you it would cost one amount and changed it it may explain why in the agreement you signed. It is impossible for anyone to explain why an attorney would have advised you a... Read more »

1 Answer | Asked in Criminal Law for Utah on
Q: I had a bad court experience and got told to get an attorney or go to the BAR and I want to know if it's worth my time
William Melton
William Melton
answered on May 8, 2022

You cannot go to the Utah Bar because you had a bad court experience. Attorneys have certain standards that they must follow for ethical and other reasons. The Bar oversees those ethical guidelines. They're not the attorney's supervisor that you complain to if you lost a case. If you feel... Read more »

1 Answer | Asked in Traffic Tickets for Utah on
Q: Officer issued a ticket for the wrong city. The judge dismissed it. Can the correct city pick it up.

If so, how do I know they will? Is there a grace period?

William Melton
William Melton
answered on Mar 22, 2023

The correct city could re-file the ticket, but it's unlikely that they will even know about the citation. They have up to a year to file it.

1 Answer | Asked in Criminal Law and Traffic Tickets for Utah on
Q: Hello, my question is ways that i can get my charge of possesion of a controlled substance dissmissed or reduced in utah

An officer from a neighboring city got behind me and followed me untill i reached my city for no reason he pulls me over. His reasons were made up and in my discovery he dont give any probable cause reason on why he began to follow me on the highway. ive done some research and believe theu were... Read more »

William Melton
William Melton
answered on Feb 13, 2023

You need to hire an attorney. Criminal law is extremely fact specific and you need an attorney to review your case and probably file a motion to suppress.

1 Answer | Asked in Traffic Tickets for Utah on
Q: I was issued a speeding ticket on I 15 , the police officer was in an unmarked car .

He didn't have radar, he said he paced me . Gave me a ticket for 25 over. Is it possible to have prosecutor lower the speed?

William Melton
William Melton
answered on Dec 22, 2022

Yes, but it depends on the prosecutor/jurisdiction where you got the ticket. Also, just so you know pacing is a pretty common way for an officer to get your speed.

2 Answers | Asked in DUI / DWI for Utah on
Q: I have a appointment with the DMV for my licence because of a driving with metabo in my system. What am i supposed ……

What am i supposed to say? What do i want to avoid saying? I wasnt high driving there was just drugs in my blood i was on lunch from work….

William Melton
William Melton
answered on Nov 19, 2022

You don't say anything. You need to hire an attorney. I never have my clients testify at the DLD hearing. You need to hire an attorney to assist you. DUIs are complicated and you are going to end up hurting your case.

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