We had been questioning what would occur if somebody acquired arrested for a DUI in Utah in the course of the COVID-19 emergency scenario. With courts shutting down, it might be scary to be arrested and end up in jail indefinitely. It might be scary to suppose in the event you could also be uncovered to coronavirus whereas residing in your cell for therefore lengthy. There may be not a lot info on the market and the courts are practically unattainable to succeed in right now.
The scenario was clarified considerably by the Utah Supreme Court docket when it issued an emergency order, ordering all state courts to stop most courtroom hearings and as an alternative to do crucial hearings remotely by phone and video until unattainable.
Fortunately, there may be some aid for these arrested for DUI on this disaster. The Utah Supreme Court docket took into consideration the uncomfortable actuality that’s folks nonetheless being arrested throughout this time and created a brand new course of to maintain as many individuals out of jail as attainable. Right here is the way it works:
If you or somebody you realize is cited with a DUI, the arresting officer could both put the DUI driver in jail pending a listening to or allow them to go house pending a listening to. What occurs subsequent in your Utah DUI case depends upon what the officer did so far as this determination.
If the officer lets the DUI driver go house after his or her arrest for driving beneath the affect, the motive force’s arraignment or first look could also be deferred till a date 45 days after the submitting of prices. The Court docket should do the listening to earlier than that by cellphone or video, however the driver shouldn’t must bodily stroll right into a courthouse earlier than then. Every courtroom is totally different so an lawyer needs to be contacted instantly to find out what to do.
If the officer takes the motive force into custody after the arrest for driving beneath the affect, the courtroom will maintain driver’s arraignment or first look the subsequent regular courtroom day after the arrest, often a weekday, besides in Salt Lake Metropolis the place there may be typically Saturday courtroom. At lawyer ought to nonetheless be contacted instantly to argue to get the motive force out of jail. A talented Salt Lake Metropolis DUI lawyer can argue that the courts have been ordered to contemplate the present Covid-19 emergency to be an element that favor the discharge of the motive force from jail. That is particularly so if the motive force is a part of a weak or high-risk group as outlined by the Facilities for Illness Management.
Please additionally bear in mind, and that is essential, that the Utah Division of Motor Automobiles (DMV) solely provides a driver seven days to request a listening to relating to the suspension of their driver’s license after a DUI arrest. Because of this, it’s crucial to contact a Salt Lake Metropolis DUI lawyer instantly upon arrest or launch from jail.
In case you are not sure of the standing of your Utah DUI arrest, name our skilled authorized staff as we speak and we’ll assist information you thru the method throughout these complicated occasions. Name us and we will probably be there for you.