As of January 1 2019, the state of Idaho now requires any first-time DUI offender to install an ignition interlock device on their vehicle(s). It is possible, although not easy, to get an exception.
A DUI arrest is expensive. You face bail, classes, fines, fees, evaluations, a spike in insurance rates, and even a tow for your car. Already incurring so many expenses, how much should you spend on your attorney?
Many people think that an alleged victim of a crime can “drop the charges.” However, the prosecutor is the party that files and dismisses charges.
Merely the accusation of a sex offense can carry quite the stigma. Frankly, few things are scarier thank being accused. Law enforcement play on this fear in their strategies to try and catch anyone they suspect of guilt.
After you have been charged with a felony, your first two court appearances are, first, an arraignment and, second, a preliminary hearing.
After you have been charged with a crime, your first initial appearance in court is called an arraignment. Several pressing matters are conducted during this initial appearance.
It is illegal in Idaho to drive a car while influenced by intoxicants such as alcohol. An Aggravated DUI, is a Felony DUI in which a person has been injured.
A license suspension is very likely when you have been charged with a DUI. Wether you fail a breath test, refuse a breath test, or get a conviction for a DUI, this consequences can be severe.
A penalty for a DUI conviction will most often place you on a period of probation in lieu of a full jail sentence. The judge may set conditions or terms to aid in your rehabilitation.
The four types of drunk driving felony charges involve either repeat conviction or injury of another person.
In Idaho, severity is considered when charging someone of a excessive DUI. Excessive alcohol concentration and perceived repeat behavior are among these considerations. The potential sentences resulting from conviction carry more severe consequences.
In Idaho, driving under an intoxicating substance is a crime. Possible penalties for this crime can increase substantially which it is a repeat offense, in a short period of time.
It is a crime to operate a motor vehicle while influenced on intoxicant substances. The legal blood concentration must be .08 or greater. If this is your first standard DUI, it is a misdemeanor.
In Idaho, DUI charges come with some severe consequences when convicted. You face possible penalties such as jail, fines, restitution, an interlock device placed on your car, evaluations, court costs, and license suspension, among others. After you have been found guilty these hefty penalties, for a misdemeanor DUI, will be imposed during your sentencing hearing.
After you have pled guilty, or found guilty, a judge will hear evidence at a sentencing hearing where the court will decide what possible penalties to impose as a result of the conviction.
A pretrial conference is NOT a trial. It is a hearing before the judge to discuss the case between all attorneys involved to determine if the case is ready for a trial.
At your first initial court date, after an arrest for DUI, entering a plea with the clerk is the first thing you will be asked to do. Should you plead not guilty or guilty?
Cases can resolve in a number of ways once someone has been charged with a DUI. The process can be lengthy and unknown to the accused. The possible steps one might come upon during their DUI experience are as follows.
How can the police charge you of a crime when the person who accused you has no evidence of any wrongdoing.
Not knowing what to expect is potentially one of the scariest things about the court process. After being charged with a crime, there are several steps I hope to guild you through to hopefully alleviate some of those fears so you can make the best decisions for your case.
Driving under the influence doesn’t just mean operating a motor vehicle after drinking alcohol. Very few people are fully aware of the potential risk for driving after taking drugs legally prescribed by a doctor.
I get asked all the time what happens to a case when the alleged victim or witness doesn’t show up for court. The result won’t necessarily be a dismissal, as you’d suspect, and new charges and consequences could follow for the witness and/or defendant if any influence or intimidation was present.
If you have been suspected of a DUI, you have the right to refuse to blow into the breathalyzer, but the state can proceed with a charge regardless, and the consequences of the refusal can come at a lofty price.
When interrogating, the police department may lie to you so you can’t trust any evidence they present. Don’t talk to the police without the consent of an attorney.
A recent news article brought to light all the rape kits that were un tested in Idaho, and were outraged at the lack of support this seemed to show sexual assault victims.
Even though a police office must have a lawful reason to stop you, “lawful reason” has been interpreted very broadly, allowing law enforcement officers to stop for pretty much any reason they want.
What I find most interesting in the Ferguson case.
Misunderstanding of how the system works and naive beliefs that the government is benevolent lead people to trust at their own peril.
Thanks to Hollywood, we know that Law enforcement must clearly inform a person in custody their rights before interrogation or arrest. The movies makes us believe that we know what this looks like when in fact we are not fully aware of what is required or why.
If the world was perfect, every defendant who was wrongfully charged would have his case dismissed. A recent news article reporting Republican Mark Patterson plea of guilt, back in 1974, sparked my interest on the matter of innocent men pleading guilty.
A common mistake I hear is the difference between a criminal charge and an infraction. What are the implications and consequences of either. Read more to find out.
Unlike the rights we have lost regarding unreasonable searches in our automobiles, the status of our rights regarding searches in our homes have not been so decimated.
If a law enforcement officer asks for identification, in most circumstances, you should probably provide them your drivers license.
Watch my Vlog about the need to hire an attorney.
What happens when an arrest warrant is issued from a different state in which you currently reside. How is this even possible and what can be done about it.
When you have been charged with a DUI, one of the most significant life altering consequences is your license suspension.
The most common way that a police officer has to prove a defendant is under the influence of .08 alcohol is to do a breathalyzer test. Is it a wise idea to refuse to blow?
how likely or under what circumstances can a case that has been dismissed be refiled again by the prosecution.
The Idaho Court of Appeals overturned a gun conviction in a case handled by Atkinson Law Office. Atkinson Law Office had filed a motion to dismiss in the case, and the trial court sided with the prosecution and denied the motion. The issue went up on appeal.
Discovery is a frequently used word in law, but leaves non attorneys wondering what they are talking about. Discovery is gathered in the pretrial phase.