The Utah Court of Appeals will be the next stop for a DUI case against a man who has been arrested 9 times for the offense, one offense ending in a 5 year sentence for vehicular homicide.
The defendant, Robert Van Dyke, has drawn much media attention in the past owing to the fact he was charged with DUI 7 times before a 2008 accident that took the life of one woman. He served prison time for that 8th DUI, and now he is back in court for another DUI arrest. In this case, though, be believes he was unlawfully arrested.
Van Dyke's issues with alcohol span back a decade. He was charged and convicted multiple times with offenses prior to the crash in 2000. In fact, he was out on bail from alcohol-related charges when he struck another car carrying Michelle Bradley and her 12-year-old daughter, killing the woman and injuring the girl. He served 5 years in prison in relation to this accident and expressed his sympathies to the family. He also admitted to an alcohol problem.
Most recently, on the ninth charge, the 42-year-old man was briefly held then released on his own recognizance just two hours later. The arrest occurred in 2007, and he pleaded guilty.
The entire arrest and report has been shrouded and questions. First, Van Dyke officially had 4 misdemeanors and 2 felony convictions on his record, all alcohol related. The arresting officer has a duty to report these items on the arrest report, but they appeared to be absent from Van Dyke's. He was held for only two hours and then released on his own recognizance. This is not in keeping with procedure for a person who has been charged with a felony DUI.
A defense attorney is adding to speculation over the arrest by now saying the conviction should be overturned because police did not have reasonable suspicion to stop Van Dyke. The arresting officer and prosecutors believe the stop was merited. The reason for the immediate release of Van Dyke has not yet been addressed in the case.
If the Court determines the officer did not have reasonable cause, the conviction will be overturned. Regardless of Van Dyke's record, he cannot be pulled over, arrested or charged without initial cause to stop his vehicle.
