The Rule of Law must govern!

The Rule of Law must govern!

The Rule of Law must govern!

The knowledge of driving under the influence or DUI class in the state of Utah is in compliance with the requirements of legitimate ends. It presupposes that one has an idea of the recent laws and decisions governing the rights and privileges of every individual and the general public as well.

So far as the government and the people of Utah is concerned, their interests are protected and indispensable measures are taken into account to guarantee, safeguard and ensure that the demands of authority do not lead to oppression and the claims of one's rights has been recognized.

Driving under the influence of alcohol or drugs is a violation of law and considered as a criminal offense under the said state. Corresponding penalties and withdrawal of driving privileges are being imposed to every person who are found guilty. Further, administrative actions are also imposed which involves the discontinuation of the driver's license.

License is merely in the nature of privilege and not as a right. The government of Utah has the authority to revoke it as a matter of privilege at any time if the law itself has been because of influence to alcohol and drugs. However, if a driver is caught under such influence and under such circumstances, the following procedures are also observed, such as:

1. The person or offender is notified of the nature of the offense he has violated. He may also seek the aid of his counsel to defend his case.

2. After such notice, he is directed to appear in court or known as the arraignment. During the said arraignment he will be required to enter his plea. A plea of guilty or not guilty of the offense charged against him.

3. In this stage, he may be also allowed to undergo or submit himself for a chemical testing. This will give him the opportunity to prove if he is positive or negative in alcohol or drugs.

4. After arraignment, there will be a pretrial conference. This will give him the chance to meet the prosecutor who will review his case and will determine if amicable settlement is possible and some other considerations that the prosecutor might offer to him. If during the pretrial conference, the offender will accept the plea bargain and promises tocomply with the conditions offered to him by the prosecutor; his case will no longer proceed to trial.

5. However, due to extreme cases pending before the court, pretrial conference may not only happen at one instance.

6. If the offender will not accept the plea bargain agreement, the trial will proceed. Then, in the prosecution stage there are two ways to prove his guilt. First, the prosecutor will prove his guilt in court by presenting evidences that during the commission of such offense the offender is under the influence of alcohol and drugs. Second, that his blood alcohol concentration level was 0.08% or more as shown in the information of his chemical test.

7. If the prosecutor proved that he is guilty of the offense charged, he will be convicted and he will face the corresponding criminal penalties.

Therefore, strict compliance of the law must be observed by every licensed driver in Utah and there is a need also that they must undergo an adequate DUI Class to avoid criminal charges and prosecution.

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