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Ex-defense attorney with DUI history ordered to trial for another DUI

Published: Monday, Dec. 3 2012 4:41 p.m. MST

PROVO — A former defense attorney appeared in a Provo courtroom Monday in handcuffs and a white jumpsuit.

He was there for a preliminary hearing in his sixth DUI case.

In the end, 4th District Judge Darold McDade heard enough evidence to order Jeffrey Gallup to stand trial for driving under the influence of alcohol or drugs, a third-degree felony, and other misdemeanors.

During the hearing, Gallup's attorney suggested there may be more to this latest case than driving under the influence.

Gallup, 40, was arrested for an alleged DUI on Sept. 1 in Highland, just six months after his release on a DUI conviction originating out of Salt Lake County. For the first time, prosecutors revealed a blood draw after arrest found Gallup had a blood alcohol level of .09, just above the legal limit in Utah of .08.

“I think there are some strengths to their case,” Gallup's attorney Randy Kester said. “On the other hand, we think that there’s a good possibility that Mr. Gallup was targeted and that he was pulled over for reasons that were more than what they say.”

Kester declined to speculate further as to why Gallup may have been targeted. He said his theory would be included in an upcoming legal motion.

Few arguments were made in Monday’s hearing. Prosecutors offered up only one witness — arresting Lone Peak police officer Skyler Zobell.

Zobell told the court he observed a swerve and pulled over Gallup for an equipment violation — the license plate light was out. The officer said he could smell alcohol on Gallup and in his vehicle, Gallup had “glassy eyes,” slurred speech and he was slow to react.

After failing several field sobriety tests, Gallup was detained, Zobell testified. Officers ultimately had to obtain a warrant for a blood draw, since Gallup allegedly refused to have one administered.

Prosecutors presented the results of the blood draw. Kester said that was the first time he had seen that report.

“No I’m not OK with that,” the defense attorney said. “I’d prefer that it came back zeros, but it didn’t.”

Gallup caught something of a legal break in that prosecutors dropped a misdemeanor charge of operating a vehicle without an interlock system. One prosecutor said the interlock restriction was not in effect at the time.

Gallup is next due in court for an arraignment Jan. 14.

E-mail: aadams@ksl.com

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