I had a call today from a client we are defending who is charged with driving under the influence of alcohol or drugs (DUI). This case is a little different than the usual DUI because the intoxicating substances charged include several commonly prescribed medications and an over-the-counter antihistamine (containing diphenhydramine). The State has laboratory reports showing these medications were
So I took a little break from blogging about criminal defense, DUI defense, civil trials and matters of wrongful death. And then things just started "popping up." A new case or twelve. A kid in jail who just could not get it together. A former Marine facing life changing decisions. The mentally ill – fearing life and death as they
Ok – I didn’t plan for this to happen again. I was going to blog every other day, or maybe three times a week. I would write about the stuff that people ask me, but then there was work. Phone calls clog my day because I violate the main rule of running my own practice, I keep answering that phone.
Continue Reading Drugs and pipes and scales in your car? Oh my!
Just how serious is the State of Idaho when it comes to driving under the influence (DUI)? Ask any experienced criminal defense attorney who practices in this state and the answer will undoubtedly be "very serious!"
Exhibit A in that regard is the life sentence handed down yesterday in Ada County District Court to a 14 time offender. I can’t recall anyone appearing for sentencing in Boise on his or her 14th DUI conviction. But 14 is just a number.
Even a single DUI conviction can make your life miserable!
Here are three things to take away from that DUI sentence:
First – in every criminal case the Court’s focus at sentencing is on public safety. A judge is tasked with the job of protecting society ("us") from others ("them") who place us at risk. Safety is job 1, at least after a finding of guilt. It would be hard to argue with the notion that someone who has more DUI convictions than toes may injure someone if left in society at large. So to protect society the Court acted to end that risk, at least for the next 15 years and perhaps for the life of the defendant.
Second – every DUI conviction leads to more serious consequences with the courts. The law makes a second DUI conviction more serious than a first. If you get a second DUI for example, you lose your drivers license for a year. That hurts more than for the first DUI, but less than for a third. The point here is simple – every conviction is more grief than the last, leading potentially to a felony DUI charge.
Third – every DUI charge is an opportunity to ask the bigger question in a defendant’s life: "Why am I in this mess?"
The law does not forbid drinking and driving. It forbids drinking too much and driving. But how much is too much? That sticky wicket has been the downfall of too many. The safest course is to honestly answer the question of why – in particular – do you have a drinking problem? If so, you need to get help at once. If this was simply the "one too many and never again" situation, you must take steps to mitigate against the effect of the DUI conviction at once. Get a good lawyer now.
If you have been charged with DUI, check out some of the posts on this blog relating to the subject by clicking the Topic "DUI" to the right of this page. There is a ton of useful info available here to help you learn about Idaho’s DUI law.
Continue Reading Life Sentence for DUI – Three things to take away from the sentence
"ACT IMMEDIATELY TO PROTECT YOUR DRIVING PRIVILEGES"
In Boise, Idaho, if you are charged with driving under the influence of alcohol or drugs, two things are certain: First – your mugshot photo will show-up online for all to see, and second – you will receive a "letter" advertising the services of a lawyer who wants to represent you.
I am writing this today after meeting with a potential DUI client who told me that he had been "scared" into hiring a young, inexperienced lawyer with a slick website and an even slicker solicitation letter. After a couple weeks of trying to get a return call, he was ready to change lawyers. His initial fear – the main factor that had driven the client to hire his lawyer – had been replaced by a feeling of dissatisfaction over how the case was being handled.
I have written about this before, but I had not recently seen the letters some lawyers are sending to potential clients. Some of the solicitations I have seen are overly frightening and deceptive. At a recent DUI seminar the speaker said that one of her clients had received over 25 of these solicitations.
Here’s what I hate about these solicitations – they are solely intended to convert you from "charged" to CLIENT. The lawyers behind them prey on the fear that is inherent within the legal system – fear of big fines, jail time, lost driving privileges and lost jobs.
All of these ARE potential consequences of a DUI, but the idea that you should "decide now" to call a direct mail lawyer because "your time is running out and you must act immediately" is erroneous.
Stop. Breathe deep and get the facts about DUI before you jump at that "mailbox lawyer."
Yes, DUI is a very serious charge. The penalties are enough to keep most of us sleepless for nights if charged with this crime. The answer to the fear caused by your arrest, is information. You do not have to choose a lawyer without first learning as much as you can about the charges you face.
Do not have to be scared into hiring a lawyer who sent you a "legal" looking come-on by mail.
Take some time.
Talk to some friends and get lawyer referrals.
Talk to some lawyers.
Then make an informed decision, not a decision based on fear!
Start your research on driving under the influence of drugs or alcohol by checking out the DUI posts in this blog under the Topics section to the right of this post. There, you will find information about drunk driving arrests, physical control of the vehicle, the politics of a DUI charge and why winning is so difficult, 5 questions you must ask before hiring a DUI lawyer, the truth about penalties for DUI in Idaho, whether you should take the breathalyzer in Idaho and a follow-up on that same issue, whether you should take the field sobriety tests in Idaho, and when your car can be stopped by an Idaho law enforcement officer. And there is so much more – under the DUI topic in this blog.
So get informed BEFORE you choose a lawyer.
And if you want to learn more about your case, simply give us a call.
Looking back to the first of this year, we have found an edge in each case and used it to gain reduced charges for our clients in the following cases:
In Jerome County, our client BG was charged with felony vehicular manslaughter. A vehicular manslaughter case may take the form of a felony charge if the State relies upon "willful and wanton misconduct" or intoxication as a significant cause of the death of another person. In this case, the State alleged that BG’s reckless operation of his commercial truck resulted in the death of a Sun Valley woman. After considerable investigation and relying on the opinion of other operators, we were able to gain a reduction of the charge to a misdemeanor. The end result meant that our client would not face the possible 15 years in prison authorized under Idaho law.
In Valley County, our client PR was charged with a second driving under the influence of alcohol (DUI) as the result of his vehicle having slid off the road last winter. In discovery, we obtained a report of a test of the machine that seemed to indicate the reliability of that test was suspect. The case was reduced to a first DUI and our client permitted the opportunity to complete his sentence by work release.
In Canyon County, our client TB was charged with insurance fraud. He had repaid the questionable money he possessed and we used his admission and restitution to gain a probationary sentence. No conviction (TB took a withheld judgment that will permit dismissal if he successfully completes probation), no jail, no prison.
In Canyon County, our client KH was charged with fish and game violations that would have destroyed his related business. After completing the first day of trial, the State moved to dismiss the case after we showed that fish and game officers had not turned over all the evidence required. A "mystery CD" suddenly surfaced with text messages and emails and photos that would clearly have been relevant.
In Federal Court, our client RBH was charged with violating certain food and drug act prohibitions. The company and its owner faced possible felony charges, huge fines, and prison for its owners. We worked with co-counsel from NY to obtain a misdemeanor corporate plea, and the business paid a fine.
In Power County, our client was charged with possession of controlled substances, a felony. We negotiated a misdemeanor possession charge and probation for TS. A similar situation occurred only a few weeks ago in Adams County, with a resulting dismissal of the felony charges in exchange for a plea to a misdemeanor paraphernalia charge for our client KN.
In Federal Court, our client ST pleaded guilty to one count of distribution of controlled substances instead of the conspiracy to engage in racketeering that would have subjected him to a mandatory minimum 10 years.
In Ada County, our client RP’s felony trafficking in drugs was reduced to a misdemeanor possession, and he avoided an almost certain lengthy confinement.
In Federal Court in Wyoming, our wrongful death case against Grand Targhee Ski Resort, and Teton County Idaho and Wyoming has been settled for an amount agreed to be confidential. We were only weeks away from trial when a mediation in Casper allowed us to help EF’s heirs. Wrongful death cases against ski areas are tough to win in view of the recreational safety act in both Wyoming and Idaho, as we found out when we tried our last ski death case. Our pal Skip Jacobsen, who is now "of counsel" to the Spence Law Firm out of Jackson, Wyoming served as lead counsel.
Big trials in federal court in August (fraud), Wyoming federal court in September (wrongful death) and securities fraud (federal court October) all washed out – and were either settled or continued. These bigger cases took much of our time over the year, so settlements and continuances have kept us out of court. That, however, is the new norm – with increasing costs to try cases and increased risk of losing at trial, most cases are settled. By preparing for trial, we are able to gain the leverage we need to obtain the best result for our clients.
Here is my "take away" looking back over the first eight months of 2012:
First, our more complex cases have caused us to reject many cases that we simply did not have have time for.
Second, sometimes the best resolution is the certainty achieved by a negotiated settlement. This is particularly true in view of the application of the federal sentencing guidelines.
Third, spending time investigating your case gives us the best chance of helping you succeed at trial, or at the settlement table.
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Continue Reading Peterson Lawyers – Boise DUI and Criminal Defense Lawyers – Case Results
We still give free consultations on any criminal defense matter for one simple reason: it’s the right thing to do. If you have been charged with a crime, you are likely worried and afraid. You may want to just "get it all behind you and plead guilty." Before you do, call us. Take some time and meet to discuss your case. The true cost of a DUI (or any criminal charge) is not just what it takes to hire a lawyer; the true cost is much, much more.
First, there are the costs associated with fines, court costs, and bail. In Ada County, the court costs for a simple charge of driving under the influence of drugs or alcohol will run over $175, just for the privilege of showing up to plead guilty! Fines for a first time DUI can be $1,000 and if you blew a .2 or higher you can double that amount. An alcohol evaluation can run another $100 and the cost of "alcohol education" hundreds of dollars more. And then there is the cost of re-instating your license with the Idaho Department of Transportation – another $88.
But wait, there’s more. The real cost of that DUI includes the impact that plea of guilty can have on future employment. The conviction will be there forever, regardless of whether the judgment is "withheld" an employer can find out that you pled guilty. Add in the cost of increased SR-22 insurance, payments for "supervised" probation, the cost of finding a ride or public transportation to work, and the inconvenience of having to go to court ordered treatment and what you have is a very expensive "get it over" guilty plea.
How much does a DUI or criminal charge cost? It’s not just the money – get ready to hand over the keys to your freedom if you plead guilty. Even a first time DUI can land you in the clink for five days or so.
So stop and take a deep breath before you go in and plead guilty.
Let us take a look at your case and see if there is another way. The consultation is free. Let us take the time to explain the system and process the courts use to deal with criminal charges. Then you can make a reasoned decision about how to proceed.
The cost of a DUI? It can be very expensive. It can cost $5,000 or more to "just plead guilty" when you add up the real expense.
Take some time and get a professional opinion first.
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If you are stopped by a law enforcement officer who suspects that you are driving under the influence of drugs or alcohol, you will likely face the prospect of deciding whether to take the breathalyzer test. The question of whether the officer has legal cause to believe you have violated the law, thereby entitling him to request a test
Continue Reading DUI and the Administrative License Suspension Hearing
As a general rule, is it a good idea to refuse a breath test if you ever find yourself pulled over?
This is a question that we get asked frequently, and the answer really depends on you, how much you have had to drink, and whether you have a prior DUI. The main reason to refuse the test is that the breath test results often form the crux of the state’s DUI case against you. A breath test that indicates a BAC greater than .08 makes a difficult case to defend that much harder. Then again – in Idaho – if you refuse the test you will lose your driving privileges for a year – absolutely no driving at all. And that loss (through the Idaho Department of Transportation) results from the refusal, whether you win the trial or not.
Some people think they can avoid this trap by purchasing pocket breathalyzers. These devices, ranging from $10 to $300, are advertised as means of allowing you to test yourself before driving home.
Recently, one news organization put one such breathalyzer, the BACTrack S80, to the test. The $150 device is advertised as providing “professional accuracy at an affordable price.” The organization conducted a controlled experiment to determine just how accurately the device measured a person’s BAC. The test also served as a training exercise for officers to help them recognize signs of an impaired driver.
Four women and one man where served measured amounts of alcohol designed to bring their BAC close to the .08 legal limit. The participants self-assessed the amounts of alcohol served, guessing that they were given the equivalent of two or three drinks apiece. After each round of drinks, the participants were asked to blow into both the police breath test device and the BACTrack S80. Almost every time, the BACTrack S80 device had a lower number than the police authorized device. Moreover, the BACTrack S80 consistently registered lower blood alcohol levels than police breathalyzer device.
This difference was most pronounced after the first round of drinks, which could lead to a false sense of security. Believing that his BAC is lower than it really is, a person may choose to drink more than otherwise planned, causing him to be more intoxicated than he intended or believes himself to be. Or, given the false sense of security of having a low breathalyzer number, he may decide to drive despite actually being impaired.
One of the officers who helped conduct the test stressed that the number itself was not important. The number is more a proxy of impaired driving rather than proof of impaired driving. Officers look first for actions such as inability to maintain a driving lane as proof of intoxication. If a person is caught driving in a manner that indicates he’s impaired, he will get pulled over.
Two of the volunteers, women in their late twenties and early thirties, were demonstrating signs of impairment after two rounds of drinks. One woman had trouble walking in a straight line while the other could not maintain a sense of balance. Both women’s breath tests indicated that their BACs were under the legal limit (.071 and .079 respectively). However, the training officers indicated that they would have arrested both women despite the fact that they “passed” the breath test.
Headed to trial? Got a case that you want to talk about? Call our experienced Idaho criminal defense lawyers today at (208) 342-4633.Continue Reading How good is that pocket BAC device?
I frequently check out Lawrence Taylor’s DUI blog for info on trends and tips on trying these tough, tough cases. Check out his recent post that examines where we are headed with respect to drinking and driving: are we likely to take the "legal limit" even lower. Currently the magic number is .08% – but will that number go even lower? The law is intended to reduce the number of intoxicated drivers on the road. Lowering the blood alcohol level even lower serves only to trap drivers who may well not be intoxicated at all. Check out Taylor’s post as he discusses this.
Continue Reading Will States Go To .05% for DUI: DUI expert following this