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PROVO — A former defense lawyer appeared in a Provo courtroom in handcuffs and a white jumpsuit Monday. It was for a preliminary hearing in his sixth DUI, but his own attorney suggested there may be more to the latest case than driving under the influence.
40-year-old Jeffrey Gallup was arrested for DUI Sept. 1 in Highland, sixth months after his release on a DUI conviction originating out of Salt Lake County. For the first time, prosecutors revealed the results of a blood draw taken after his arrest that showed Gallup had a blood alcohol level of .09.
"I think there are some strengths to their case," Gallup 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 motion.
Few arguments were made in Monday's hearing. Prosecutors offered up only one witness: Arresting officer Skyler Zobell of the Lone Peak Police Department.
Zobell told the court he observed a swerve and pulled over Gallup for an equipment violation; the license plate light was out. Zobell said he could smell alcohol on Gallup and in his vehicle, Gallup had "glassy eyes," slurred speech and he was slow to react.
Zobell testified that after Gallup failed several field sobriety tests, he was detained. Officers ultimately had to obtain a warrant for a blood draw because Gallup refused to have one administered, Zobell said.
Prosecutors presented the results of the blood draw. Kester said that was the first time he had seen the report.
"No I'm not okay with that," Kester 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 interlock restricted driver operating a vehicle without an interlock system. One prosecutor said in court the interlock restriction was not in effect at the time.
Judge Darold McDade ruled the state met the burden in determining probable cause in the case, and Gallup still faces a felony DUI charge as well as additional misdemeanors.
Gallup is next due in court for an arraignment Jan. 14.