Status of Courts with the Lifting of Covid Restrictions

info@utahwebdesignpros.com — Thu, 15 Jul 2021 18:04:39 +0000

Nearly everyone I know is so grateful Covid-19 restrictions are starting to lift. I know I am certainly ready for life to get back to some semblance of normal. I personally, am a people person and enjoy social activities and interactions. Now that COVID-19 restrictions are being removed, how does this impact how cases are handled in the courts? Are hearings in person? Is the backlog we were experiencing being addressed? In looking at www.utcourts.gov, it is stated that as of June 3, 2021, all counties have moved to the yellow phase of court operations. In moving to the yellow phase, each individual court and county have flexibility in determining how to resume in-court proceedings.

Under the yellow phase, District and Justice court may begin conducting in-person civil and criminal jury trials, as long as they have as their pandemic risk response plan has been approved by the Management Committee. In all civil and criminal jury trials, the Defendant has the right, should be chosen to do so, to appear by video conferencing if they have an effective ability to participate, have meaningful interaction with counsel, and the ability to be able to view witnesses and trial participants. In my experience, the hearings I have attended by video conferencing have been conducted via WebEx. The Judge’s clerk sends an invite through email.

Now that jury trials are being scheduled, it is anticipated that many Utahns will receive notices that they have been called for jury duty. Judges are anticipating their calendars will be very full with trials this year in the hope of clearing their calendars from the backlog that was created when everything was put on hold due to COVID-19 last year. Typically, there are approximately 1200 trials held in Utah each year – 350 of which generally involve a jury trial. I understand that the use of federal COVID-19 relief funds has been approved to bring Judges out of retirement to help address the backlog.

Now that Utah is getting the legal system back on track, trials, hearings, and other judicial matters will start happening, and cases will move forward.

My License has been Suspended, what Happens if I am Caught Driving?

info@utahwebdesignpros.com — Mon, 01 Apr 2019 13:45:49 +0000

The penalties for driving with a suspended license in Salt Lake City can be quite severe, including fines, jail time, and further suspension of your license. Punishments can depend on why your license was suspended in the first place, and how many times you have committed this offense. In any DUR situation, an experienced criminal defense attorney can help minimize your punishment. For specifics to your situation, please call The Ault Firm to receive a consultation.

What Is Driving Under Restraint?

Driving when your license has been suspended, revoked, or denied is referred to as Driving under Restraint, or DUR in Utah’s Revised Statutes. This is typically a misdemeanor charge. {If your license was taken away because of an offense related to drugs or alcohol, then the punishment is more severe. The consequences are more severe if your license was taken away because of a crime related to drugs or alcohol. Repeated offenses of DUR can also result in harsher penalties and loss of your license for years. Driving when your license has been suspended, revoked, or denied is referred to as Driving under Restraint, or DUR in Utah’s Revised Statutes. If your license was taken away because of an offense related to drugs or alcohol, then the punishment is more severe.

Restraint Due to Reasons Other than Drugs or Alcohol

As long as your license was taken away for reasons other than drugs or alcohol, the penalties are {harsh but not excessive|not excessive but harsh}. For a first offense, you can face up to six months in jail and/or a fine of up to $500. If you are convicted of second or more DUR offenses within five years, you not only face fines and possible jail time, but you may be ineligible to regain your Utah driver’s license for three years.

Restraint Due to Drugs or Alcohol

If your license was taken away due to a DUI or similar offense, then the penalties are much more serious. The penalties are much more severe if your license was taken away due to a DUI or similar offense.

For a first DUR offense, you face a minimum of 30 days in jail, though that can be increased to up to one year and a fine between $500 and $1,000.

For second or additional offenses, you can face up to two years in jail (60 days being mandatory) and a fine between $500 and $3,000. {Also, for {a second or subsequent |a subsequent or second} conviction within five years, you may be ineligible for a license for four years.

For a third or subsequent conviction within five years, you may be ineligible for a license for four years. If your license was taken away due to a DUI or similar offense, then the penalties are much more severe.

Arrested for DUR?

Defending against this charge can be difficult, but there are some options. For example, if you can demonstrate that you only drove due to a serious emergency, then the court might not impose mandatory jail time, though you may still have to pay a fine. You might also be able to demonstrate that you did not receive proper notice that your license was revoked or suspended, or that the restraint was due to some clerical or filing error. Driving with a suspended license can have long-term consequences. If you or someone you know has been arrested for DUR, then call The Ault Firm today. Our skilled attorneys know how to handle these cases. If your license was taken away due to a DUI or similar offense, then the penalties are much more serious. Driving with a suspended license is a severe offense that can have long-term consequences.