Latest News 2013 January Man that Denied Breath Test and Blood Samples Found Guilty of DUI

Man that Denied Breath Test and Blood Samples Found Guilty of DUI

The Uinta County Herald has reported that Lyman resident M.O., that denied breath and blood alcohol testing after being arrested on July 25, has been found guilty by a jury of child endangerment and DUI.

The trial was heard by a jury in Uinta County Circuit Court and presided over by Judge Michael L. Greer.

Witness J.C. told prosecutor Lora Cooper that she watched a blue pickup truck speeding, spinning its tires and turning "cookies" on a gravel road in the Horseshoe Bend subdivision where she resides.

The witness then saw the truck drive off the road, back up and speed away in the opposite direction. J.C. called the police and reported the incident.

Sometime later, J.C., accompanied by her family, went into town and recognized the truck parked near a laundromat.

Cooper asked if J.C. was sure it was the "same vehicle" and J.C. said she was "positive."

Jack Vreeland, M.O.'s defense attorney, asked the witness to draw a map of the area, and confirm her earlier testimony. Vreeland was able to confirm, through J.C.'s testimony, that her husband failed to notice the truck.

After a recess Lyman police officer K.A. was called to the stand. K.A. testified about her DUI training and how long she has been with the police department.

K.A. said that she and one other officer witnessed M.O. driving in town – and parking on the sidewalk in front of the same laundromat that J.C. had identified.

K.A. testified, "When he got out of the truck he was jumping up and down. He seemed very agitated. I detected a very strong smell of alcohol. There was a 2- or 3-year-old child standing in the front seat on the driver's side of the truck."

The child seat located in M.O.'s vehicle, according to K.A., was not the right type for the size and weight of the child using it.

K.A. then had M.O. complete a field sobriety test. At the test's conclusion, K.A. arrested M.O. After the arrest M.O. refused to take a breath test.

A recording of the arrest was played in court. M.O. could be heard shouting, being argumentative and using profanity.

According to K.A. once M.O. was taken to the Evanston detention center he was asked a second time to take a breath test. He again refused. K.K. filed a warrant to obtain blood samples, however, M.O. could not be taken to a hospital for the test as he had grown too belligerent.

After a second recess M.O. took the stand. He testified that the only reason he spun his tires was to show off. He admitted to drinking Black Velvet whiskey after he left the subdivision.

The jury deliberated for less than one hour. After being found guilty, M.O. now awaits a sentencing date.

Only contact a DUI attorney for cases relating to DUI, DWI, OUI or OWI. Because other attorneys, that don't specialize in DUI, will not have the experience that you will need.

Categories: DUI, DUI/DWI Arrests

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