Man Gets a DUI citation without being cited

Recently, a man walked into our office with a form letter from the Driver License Division that stated his license had been suspended for a period of 120 days due to his recent arrest for DUI and failure to request in writing an administrative hearing within 10 days. As you can imagine the man was quite upset that his driver’s license was suspended because he failed to request a hearing he never knew he was entitled to have. The man clearly remembered being arrested for DUI but did not remember hearing or receiving anything about his right to a hearing or how to request one. Sadly, the man had already contacted several attorneys who informed him that there was nothing they could do to get him a hearing or save his license because he had failed to timely request a hearing.

However, that was not acceptable to the man, and it is not acceptable to us here at Utah Freedom Fighters. We immediately looked into the matter and discovered that the arresting officer never served the man with a copy of the DUI citation. The officer had prepared the DUI citation, but never had the man sign it or actually gave him a copy. Under Utah law it is the citation that provides those arrested for DUI with the statutorily required information about their right to a hearing, when and how to request one. Our legal team here at Utah Freedom Fighters quickly prepared and filed a motion with the Driver License Division requesting that it reconsider its decision to suspend the man’s driver’s license and allow him a hearing on the issue due to the officers failure to comply with Utah Law.

That is how we work here at Utah Freedom Fighters. Always looking out for our clients best interests, and fighting hard to protect the rights and the freedoms we are all entitled and enjoy under the Utah and United States Constitutions.

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