Post Arrest Charges in Utah with Branson West Law.
Back To Blog
Post Arrest Charges in Utah

August 8, 2012

I recently had a conversation with a potential client and had to explain something to him that I think most people don't understand. When you get arrested or receive a traffic citation the cop is essentially giving you notice of the charges that will likely be filed against you in court. However, it is NOT the officer who makes that decision. When the officer gets back to the station, they will send all of their reports/citations to the local prosecutor's office. The prosecutor then reviews the case to see what charges can and should be filed based on the evidence that was obtained. Thus, you may have been cited for speeding, but the prosecutor could charge you with something more severe.

Here's a perfect example. Say you're driving down the road and you get pulled over for speeding, going 85 in a 50. Yep, you were going quite fast. Once pulled over, the cop approaches and smells alcohol. You, of course, are asked to get out of the vehicle and perform field sobriety tests. You do quite well and "pass" but the officer has you blow in the intoxilyzer 8000 anyway (which is portable by the way, and many highway patrolmen have them in the trunk of their patrol cars). Fortunately for you, you blow a .075, which is under the limit. The cop only cites you for speeding and tells you to "drive slower."

You are then shocked when you call the court to pay your citation and the clerk says, "I'm sorry sir, but this requires a mandatory court appearance." You can't figure out why until later you learn that the prosecutor has actually charged you with three crimes: (1) Reckless Driving -- speeding 85 in a 50 could be considered driving in wanton disregard for the safety of others, see U.C.A. 41-6a-528; (2) Alcohol Restricted Driver's License Violation -- although the cop didn't notice it at the time, your driver's license was alcohol restricted, thus any amount of alcohol violates that restriction, see U.C.A. 41-6a-530; (3) DUI -- you thought you got off lucky by blowing below the legal limit, but the prosecutor knows the statute says you are DUI if above a .08 OR even below if you are "incapable of safely operating a motor vehicle." See U.C.A. 41-6a-502.

I guess the long and the short of this, and what frustrates people the most is that what the officer cites you for may not be what you actually face in court. I suppose we want it that way though. Officers are not legally trained and do not have to argue their decisions in court. Prosecutors, on the other hand, are legally trained, and it is their job to defend such decisions in court. They, in theory, have the ability to weed through the evidence and find what charges are appropriate and what are not. However, it is still extremely frustrating when an officer makes a decision not to charge something and a prosecutor charges you anyway.

Defense Attorney Consultation SLC

If you have been arrested and charged with DUI or alcohol related offenses, contact Branson West Law Offices 24-hours a day to schedule a free defense consultation.

Back To Blog
Branson West Law coupon.
Receive Up To
$500 Off
Your Case
*To redeem, Mention this web only ad. Call for details.
Expires Oct 31st, 2025
Branson West Law coupon.

Case Results


Leaving the Scene of an Accident

Riverton
Case Dismissed!

DUI

Salt Lake City
Case Dismissed

Assault

Davis County
Case Dismissed

Burglary

West Jordan
Case Dismissed

DUI

Draper
Case Dismissed

DUI

Draper
Charges Reduced

DUI

Provo
Case Dismissed

DUI

Draper
DUI Dismissed

Domestic Violence

Midvale
Case Dismissed

Domestic Violence and Burglary

Salt Lake City
Case Dismissed

DUI

South Jordan
Case Dismissed

Dog Attack

Salt Lake County
Case Dismissed

Domestic Violence

Sandy
Case Dismissed

Domestic Violence

Salt Lake City
Case Dismissed

DUI

West Jordan
THC DUI Dismissed

DUI

West Jordan
Case Dismissed

DUI

Provo
Case Dismissed

DUI

Holladay
Jury Verdict of Not Guilty

Theft

Layton
Case Dismissed

DUI

Murray
Case Dismissed!

Ignition Interlock Violation

West Jordan
Case Dismissed!

DUI

Herriman
Case Dismissed!

Domestic Violence Assault

West Valley
Case Dismissed!

Possession of Drug Paraphernalia

Murray
Case Dismissed!

Child Abuse

Lehi
Case Dismissed

Seven 2nd Degree Felony Counts of Check Fraud

West Jordan
Case Dismissed!

DUI

Provo
Case Dismissed!

Retail Theft

Murray
Case Dismissed

Domestic Violence Assault

Salt Lake City
Case Dismissed

DUI

Holladay
Case Dismissed!

Felony Child Non-Support

Salt Lake City
Case Dismissed

Theft

Provo
Case Dismissed

Theft

Taylorsville
Case Dismissed

Aggravated Assault Charge

Salt Lake City
Case Dismissed

DUI

American Fork
Case Dismissed

Alcohol Restricted Driver and Driving on a Suspended License

Sandy
Case Dismissed

DUI

Salt Lake City
Jury Verdict of NOT GUILTY

DUI

Clearfield
Case Dismissed

Possession of Drugs

Utah County
Case Dismissed

Assaulting an Officer, Resisting Arrest

Salt Lake City
Jury verdict of NOT GUILTY!

DUI

Lehi
Case Dismissed

DUI

Midvale
Jury verdict of NOT GUILTY!

DUI

Midvale
Jury verdict of NOT GUILTY!

DUI

Draper
Jury verdict of NOT GUILTY!

DUI

St. George
Jury verdict of NOT GUILTY!

Aggravated Assault

Salt Lake City
Jury verdict of NOT GUILTY!

Retail Theft

Orem
Plea in Abeyance

Under Age Consumption

Davis County
Plea in Abeyance

DUI

Vernal
Case Dismissed

Possession of Drugs

Salt Lake City
Case Dismissed

Domestic Violence

Taylorsville
Plea in Abeyance

Domestic Violence

Lehi
Plea in Abeyance

Stalking

Park City
Plea in Abeyance

Aggravated Assault

Davis County
Charges Reduced

Retail Theft

Salt Lake City
Plea in Abeyance

DUI

West Valley
Jury Verdict of NOT GUILTY!

Traffic Violation

Spanish Fork
Verdict of NOT GUILTY!

Theft of Services

Salt Lake City
Case Dismissed

DUI

Salt Lake City
Jury verdict of NOT GUILTY!

DUI

Salt Lake City
Case Dismissed

Schedule a Free Consultation

24 Hours a Day, 7 Days a Week


If you're facing criminal or DUI charges, don't wait. Branson West offers free, confidential consultations to help you understand your rights, the charges against you, and what steps to take next. With decades of experience and a deep understanding of the Utah court system, Branson provides honest, straightforward legal insight, whether you choose to move forward with him or not.

Branson Wests headshot.
Branson West Law Logo

About Us

Learn More About Branson West Law
Branson West Law - Frequently Asked Questions. Branson West Law Utah

FAQs

Learn More
Branson West Law - Client Testimonials. Branson West Law Utah

Reviews

Learn More
Branson West Law - Recent Case Results. Branson West Law Criminal Defense

Recent Cases

Learn More
Branson West Law - Branson West Law on KUTV. Criminal Defense Attorney in Utah

In the Media

Learn More
Branson West Law - Legal Defense Financing Options. Branson West Law Utah

Financing

Learn More
Branson West Law - Branson West Law Blog. Legal Insights in Utah

Blog

Learn More