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DUI charges dropped against Layton woman with negative test results

By Loretta Park, Standard-Examiner Staff - | Nov 30, 2016

LAYTON — Prosecutors have dropped DUI charges against a Layton woman who claims she was falsely arrested after a July car crash. 

Judge Robert Dale approved the motion to dismiss charges against Amanda Houghton on Tuesday, Nov. 29, according to 2nd District Justice Court documents. 

“I don’t think it has sunk in yet,” said Houghton, 34, of Layton, who was informed of the dismissed charges Tuesday evening. 

Houghton was charged with one count of driving under the influence of alcohol and/or drugs and one count of interference with an arresting officer, both Class B misdemeanors. Houghton entered not guilty pleas to the charges Aug. 23, according to the court docket.

“At the time of the investigation the officer had probable cause to arrest Ms. Houghton for DUI. In evaluating the evidence against the higher burden required at trial, the City has decided at this time, not to proceed with prosecution,” Layton City prosecutors said in the motion, which was filed on Monday, Nov. 28. 

“We’re grateful Layton City did the right thing, because Ms. Houghton is completely innocent,” Houghton’s defense attorney Jonathan Nish said. 

Nish said the case should not have gone as far as it had. He also disagreed with the wording in the motion that says the police officer had probable cause to arrest Houghton. 

“He had no probable cause and further more, it was a violation of Ms. Houghton’s civil rights and the search he did was also a violation,” Nish said. 

After Houghton’s car was rear-ended on July 25 in Layton, Houghton called 911 and then waited for police on the sidewalk. The officer who responded believed Houghton was under the influence of drugs or alcohol because of her behavior, according to the probable cause statement filed with the court. 

The statement said her behavior pattern included “very rapid speech,” as well as claims that Houghton “was unable to stand still” and made “several odd comments.”

Houghton was arrested and booked in the Davis County Jail by a Layton police officer who said she failed the field sobriety tests. 

Those field sobriety tests included an eye test, a nine-step walk and a one-leg stand, according to the document and a dash cam video from the police officer’s motorcycle, which was provided to the Standard-Examiner in October by Bob Sykes, Houghton’s civil attorney.

Houghton said she did not take a breathalyzer because police could not smell alcohol. 

In October, Houghton said she was in shock after the crash occurred. She had scrapes and bruises on her feet, legs and her arms from the crash.

Her husband bailed her out following her arrest and took her to the University of Utah Emergency Room at 9:30 p.m. July 25, Houghton said. She was examined, and also had blood and urine tests done for drugs and alcohol. 

The examination showed she had suffered a concussion and did not have any drugs or alcohol in her system, according to medical records released to the Standard-Examiner by Sykes.

In October, Nish filed a motion to have the charges dismissed based on the negative test results from the state crime lab and a private medical facility. A hearing for oral arguments was scheduled for Monday, Dec. 5. That hearing has been canceled. 

Sykes said he plans to file a civil rights lawsuit against Layton Police Department and Layton City in federal court on Houghton’s behalf within the next month. He claims Layton City Attorney’s Office planned to prosecute Houghton even though “they knew she was innocent.”

Sykes also claims the Layton police officer falsely arrested Houghton and used excessive force. 

Houghton’s claims of civil rights violations stem from when the officer searched her following the crash. Without explaining the procedure to her, the officer ran his hands around her breasts outside her clothes, according to the claim.

“There was no warning he was going to search there, and I felt he overly searched me,” Houghton said on Oct. 17. “I felt violated.”

You can reach reporter Loretta Park lpark@standard.net or at 801-625-4252. Follow her on Twitter@LorettaPark SE or like her on Facebook.

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