Information and Insight on Criminal Law and Civil Rights
Usually when I get this question, the person asking has already either taken or refused. Monday morning quarterback time: "should I have blown?" The answer depends on you and whether you hope to keep your license.
First – a few words about drinking and driving. In 1999 the government reports there were 42,000 traffic deaths. Of those, thirty-eight percent (38%)…
I am working on a case in which a private citizen reported to the police that his neighbor had been drinking, got in an argument and left in his car. The tipster reported that the neighbor was drunk and driving. He gave the likely direction of travel and type of car. Cops notified by dispatch saw a car that matched…
Continue Reading Can My Car Be Stopped Based On An Anonymous Tip?
The problem with the breath test is it’s assumed accuracy. Ask any lawyer who has tried a DUI (driving under the influence) case and tried to convince a jury that the test may not be providing an accurate result. Ask any person who has ever been convicted of DUI and wondered – most of the time out loud – whether…
Continue Reading 400 DUI Convictions in DC Based On Faulty Breath Tests – And most went to jail!
A recent Idaho Court of Appeals decision follows recent United States Supreme Court precedent, allowing a search of a car incident to arrest, even if the defendant is in custody at the time of the search, and unable to reach into the vehicle at the time of the search. The Idaho case is State v. Cantrell, decided by Judge…
When I was at the Trial Lawyers College I met Daniel Rodriguez – a mild mannered civil rights lawyer from Bakersfield CA. He showed me there that he was simply one of the greatest story tellers in the class and undoubtedly one of the great trial lawyers in the country. He has a home town style that quickly captivates those…
I had a call this week from someone who wondered if the court would require him to have an ignition interlock placed on his car as a result of his plea of guilty to a second DUI. The answer is – probably.
The law provides for the use of the interlock – which is an electronic device that prevents the…
I just googled DUI Idaho and found this great pdf file that you can download and print here. Although it is a little "schmaltzy" it still summarizes the Idaho DUI law. So check this out if you are now facing a DUI or interested in gettting a better handle on the law.Continue Reading Idaho State Police Summary of DUI Law
So you have given the nice officer the two beer story, failed the field sobriety tests and been arrested for suspicion of drunk driving. You get the quiet ride to the station (or in some locales they just do this in the field) and now comes the critical decision: Should you blow or refuse. If you refuse to take the…
Continue Reading Charged With DUI In Boise Idaho (Part Two) – Should You Take The Breathalyzer
My week started with this call – "Hey man, I’ve been charged with DUI. Just how much trouble am I in?" This really seems like a great starting point to pull out the statutes and consider the DUI in Idaho. Short answer – if you are charged in Idaho with driving under the influence of alcohol or drugs you must…
Continue Reading Charged With DUI In Boise Idaho – “Just How Much Trouble Am I In?” (Part One)
Got a call today from a nice lady whose son (21 years old) is charged with Felony DUI. What might someone expect from a felony DUI? IF guilty, a typical sentence in Ada County would likely include 120 to 150 days in jail – real time – not community service or SILD. Add to that a $2000 fine (some likely…
Continue Reading Help – 21-Year Old Kid Is Charged With Felony DUI!