Racking up three DUI arrests in less than 45 hours is very hard to do in any state. Perhaps more surprising in this particular case is that a Utah judge agreed to allow the driver to post bail and go free. Despite strong objection from prosecutors who maintained that the suspect presented a danger to society and was a flight risk, the judge granted (and even lowered) bail citing that the defendant is still innocent until proven guilty. Minutes after posting the $30,000 payment, 41-year-old Daniel Kropf made bail and was allowed to walk free.
Kropf was booked on an enhanced third-degree felony charge of driving under the influence. The judge decided not to allow bail until his initial appearance which was delayed until a preliminary hearing. Kropf’s lawyer argued his client shouldn’t have even had such a high bail for a first time third-degree felony offense because he has yet to be convicted of the two prior ones. He doesn’t even think Kropf should have been charged with a felony for the third DUI arrest in less than two days.
Highlighting that his client had no prior felony criminal history and was willing to submit to random drug testing, would not consume alcohol or controlled substances and volunteered to surrender his passport and pilot’s license until the next court date, the judge allowed bail. Kropf also submitted to ankle monitoring until his next court date.
Meanwhile, the state is arguing that Kropf’s offense will be a third-degree felony because prosecutors expect to get convictions on the first two misdemeanor DUI offenses. Prosecutors have asked for the other two DUI cases to be bound over into this case. In Utah, those convicted of prior DUIs can be charged with a felony on the subsequent charges.
Kropf was driving a truck and pulling a flatbed trailer that hit a gas station dumpster outside the store which nearly crushed an attendant. The employee was hospitalized with serious injuries and a personal injury case was filed in 1st District Court. Three hours later, Kropf was still at it. Cops pulled him over a second time because he was allegedly driving under the influence of drugs with his child and wife. He was arrested and booked into jail. He posted $2,390 bail for the class A misdemeanor DUI offense (enhanced because a child was in the car), a class B misdemeanor for no proof of insurance and a class C misdemeanor for expired registration.
The next night, a medical call brought police to a motel parking lot where officers found Kropf allegedly impaired again. This time Kropf was arrested and booked into jail on class B misdemeanor DUI, where he again posted bail.
Barely twenty-four hours later, an officer responding to a call of a possibly drunken driver pulled Kropf over, still impaired. He served just 24 days behind bars before being allowed to post bail.