Information and Insight on Criminal Law and Civil Rights
Tis the season for increased traffic patrols – and DUI arrests in Boise, Idaho. The Statesman reports that between Friday night and Sunday afternoon forty-nine persons were arrested and charged with driving under the influence of alcohol or drugs. Suppose for a minute that you are one of those forty-nine. Any criminal charge is expensive and the outcome important enough…
Continue Reading Five Questions To Ask The Lawyer Before You Sign That Retainer
If you have been arrested and charged with DUI (driving under the influence), you may think your chances of winning your case are good. You are presumed innocent. The prosecutor must prove his or her case by legal and competent evidence establishing guilt beyond a reasonable doubt. You can remain silent and rely on your lawyer to ask great questions…
Continue Reading Politics of DUI – That Deck Is Stacked Against You
I had a question this week about driving under the influence of alcohol or drugs: "Do I have to be driving to be guilty?" Survey says – NO! Idaho, like virtually every other state makes it a crime to be under the influence and to drive or be in actual physical control of a motor vehicle. The statute – Idaho…
Continue Reading Sitting In Your Car Under The Influence (DUI)
I was just looking at Virginia Attorney Bob Battle’s website, and his advice on choosing a lawyer to represent you if you are charged with driving under the influence. The advice makes sense whether you are headed to court in the great South or the Northwest. Survey says: choose wisely! As a client in a criminal case in Idaho…
I had this issue again, yesterday, in a Boise DUI (driving under influence) case before an Ada County Magistrate Judge. The answer may not be as simple as the City of Boise would argue. They contend that an arrest does not occur until the handcuffs are on the defendant – and that usually does not occur until after the field…
The Idaho Court of Appeals has ruled that a police officer must give Miranda warnings to the driver of a car after finding drugs in the car, when he has been sufficiently treated like he is in custody, and not simply the subject of a traffic stop. In State v. James, a divided Court held that the appellant was…
Continue Reading Miranda Alive And Well In Idaho