View Our Practice Areas

Man who says he was confused for DUI driver found not guilty

One way that an innocent person can get wrongfully arrested for DUI in Ogden is if the police officers at the scene mix up the occupants of a vehicle and arrest a passenger as if he or she was the driver. That is what happened to a man who was arrested for DUI in another state in 2011. Almost exactly two years later, the man's trial concluded with a not guilty plea.

The man was riding in a car that was driven by his former roommate. The roommate and another man were on their way to buy drugs and the defendant wanted to buy alcohol and had no other means of transportation. While on the way the driver lost control of the car and struck a gas meter.

Though the roommate and third man told the defendant to get out of the car, he stayed in the backseat with his seat belt buckled. When police arrived, the roommate claimed that he and the defendant had switched seats because the defendant was attempting to avoid getting arrested. The officers apparently believed the roommate. A test they conducted found that the defendant had a blood-alcohol level of 0.339.

The defendant admitted being "highly inebriated" at the time of his arrest but denied that he was the driver or otherwise caused the accident. Once trial finally began earlier in May, the evidence presented by the prosecution could not establish that the defendant was driving. Once the testimony was concluded, the judge found him not guilty.

Source: Pittsburgh Tribune-Review, "Judge finds Monongahela man not guilty in DUI case," Eric Slagle, May 8, 2013

Testimonials

  • I can’t speak highly enough of Kris and his team. I was always kept informed and educated on my options and potential outcomes. Kris was so professional and helped me feel at ease through a very difficult and emotional process. His expertise is second to none and you truly feel as though you’re in the best hands. Thanks for everything Kris, I consider you a great friend!Read more...

    — Tyler H.
  • Rand Lunceford was my attorney and he did a great job for me. Was always very quick to return phone calls and texts. Gave me court reminders the day before. And did a great job. when it was all said and done I was extremely impressed with Mr. Lunceford and their firm. Read more...

    — Brittany U.
  • I appreciate Michael's professionalism and willingness to listen to his clients. He truly cares for them and tries to see things from their perspective. That approach is refreshing and really helps in drawn-out cases. Michael is easy to get a hold of and quick to work on cases. Read more...

  • Brian attended mediation with us today and he was a rockstar. He was very knowledgeable and thorough. I don't know what we would have done without his well-informed counsel and the way he stood up for us. He maintained a calm and authoritative demeanor, even in the presence of the 4 other attorneys on the other "sides". We will be recommending him to anyone who needs a family law attorney, and we'll be choosing him if we ever need one again! Read more...

    — Tawny A.
  • Not to sound cliché... Justice was served!! I have never been in a situation to need a Lawyer. Lauren really stood up for me when forces were making a situation much larger than it should have been. Our situation was extremely difficult but choosing this law firm was the best chose i could have made for my family and I. I am so grateful that Lauren was in my corner fighting while I took care of my family. Words cant Express my gratitude. It is unfortunate that accusations can place people in situations that you cant handle or control...fortunately there are great people like Lauren Forsyth. Wonderful person, Great Lawyer! Read more...

Speak with an experienced lawyer.

If you need help with a divorce, family law issue, DUI or criminal defense, complex civil litigation, or real estate matter, we are here for you. To schedule an appointment with one of our dedicated attorneys call us at (801) 475-8800.

Email Us For A Response

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Office Locations

Ogden Office
195 25th Street
Suite 304
Ogden, UT 84401

Phone: 801-475-8800
Fax: 801-475-9800
Map to Ogden Office

Park City Office
136 Heber Avenue
Suite 305
Park City, UT 84060

Phone: 435-655-3680
Map to Park City Office

Lehi Office
3450 N. Triumph Blvd.
Suite 102-161
Lehi, UT 84043

Phone: 801-753-5650
Map to Lehi Office

Salt Lake City Office
299 South Main
Suite 1300
Salt Lake City, UT 84111

Phone: 801-317-8968
Phone: 801-534-4410
Map to Salt Lake City Office