Judge declines to suppress evidence against Killpack in DUI case

SALT LAKE CITY — A judge denied a motion Tuesday to suppress evidence against former Senate Majority Leader Sheldon Killpack and set a date for him to stand trial for a DUI charge.

Killpack's attorney Ed Brass had been arguing that there were no visible grounds for the trooper to pull over Killpack when he was arrested on Jan. 15.

"There was no traffic violation," Brass said. "There was no reason to believe a traffic violation had occurred. The state can't even define what a lane is."

But Salt Lake County Municipal Justice Court Judge Shauna Graves-Robertson disagreed.

"There is no standard in terms of where a lane begins and ends and if there's no standard, then I'm left to interpret," she said. "I'm left to interpret if that's reasonable and, yes, I think that's reasonable. I think the fact that the defendant is on the lines is reasonable."

She set a trial date for Nov. 10.

Brass had argued that the dashcam video from the trooper's car did not show any signs to warrant pulling Killpack's vehicle over. He asked that all evidence from that traffic stop be suppressed, including the dashcam video, field sobriety tests and subsequent blood draw.

Prosecutor Tom Lopresto said after the hearing that the judge made a "common sense decision." He said a ruling the other way would have led to a dismissal of the case.

"It's a principle called fruit of the poison tree," Lopresto said. "If the case and all the evidence is thrown out, then the case is based on an illegal stop."

Killpack is charged with driving under the influence, a class B misdemeanor, failure to stay in one lane, a class C misdemeanor, and failure to signal, a class C misdemeanor. Prosecutors say Killpack had a blood-alcohol level of 0.11 when he was pulled over. The legal limit for impairment is 0.08.

Killpack was pulled over in Millcreek near 700 East and 3300 South. Killpack "performed poorly" during field sobriety tests administered after he was stopped, charges state, and because Killpack refused a subsequent breath test, his driver's license was suspended. He is challenging that suspension in a separate court action.

Killpack resigned from the Legislature the day after his arrest, stating that he didn't want to be a "distraction" during the legislative session.

e-mail: emorgan@desnews.com