DUI
As a Boise Criminal Defense Attorney, I often blog about the penalty for DUI. The Idaho Code sets forth very specific fines and punishments for the varying degrees of DUI. It ranges from first time offense, to three or more within a 10 year period. It also includes aggravated DUI and excessive DUI. Many people want to know if these penalties are fixed in stone. Yes and no.
Plea Bargain
When DUI Lawyers talk about plea bargains, they are responding to that question of whether or not the penalty for DUI is fixed in stone. The Idaho Code gives a range, and so you won't have a fine that exceeds the maximum fine or minimum sentence, per se. A plea bargain is a deal your DUI Attorney makes with the prosecuting attorney and which is accepted by the judge. Say for example, it is your second DUI within 10 years. The Idaho Code states that you shall have a mandatory minimum of 10 days in jail with the first 48 hours served consecutively. So, does that mean you will have a least a 10 day jail sentence? It does if you plead guilty or are found guilty of a second time DUI within 10 years. If, however, you are able to get a plea bargain, your DUI Lawyer might be able to have your charge reduced to a first time DUI and then you won't get that minimum 10 day jail sentence.
A plea bargain is a situation where your Criminal Defense Attorney explains "your situation" to the prosecutor. There may be extenuating circumstances which justify the prosecuting attorney and the judge to consider a different penalty. A plea bargain can be a very good deal to help you reduce your sentence or your fine.
If you have been charged with DUI and need to speak with a Boise Criminal Defense Attorney, please give us a call and see what we can do for you, (208) 472-2385
Legalization of Marijuana
In the most recent election voters in Washington and Colorado told the government that they wanted to be able to legally smoke pot. Possession of marijuana, for recreational use, is now legal in both states. I have been asked numerous times as a Boise Criminal Lawyer if this means that Idahoans can cross state lines and buy marijuana there.
Unfortunately, while it is legal to possess up to 1 ounce of marijuana for personal use, you can't buy it anywhere legally. Also, it is still a federal crime to possess marijuana. A further complication is transporting illegal drugs across state lines. So if pot is legal, where the heck do you buy it? The answer is nowhere, legally.
As a Boise Criminal Attorney I see these apparent contradictions in the law all the time. For example, there is that crazy statute that says that you must pay taxes on your illegal drugs. The contradiction here is if you go to pay taxes (like who would?) then the government knows you have drugs! This contradiction is primarily due to the fact that the law is new. It is unknown territory. Ultimately, it is likely these these kinks will be worked out and undoubtedly you will be able to buy marijuana legally in Washington and Colorado. Until then, if you sell marijuana or buy it - beware because you can still be busted for it.
If you have a criminal law or DUI issue and want to talk to a Boise Criminal Attorney, give us a call, (208) 472-2385
Suspended License
Driving without a license is a serious violation in Idaho. Often, people will lose their license due to a DUI conviction. As a Boise Criminal Attorney a fairly common question people ask me is, "What happens if I never got notice of the license suspension? Will I still get a DWP?" Sadly, the answer to this question is general yes.
Notice of License Suspension
In order for a license suspension to be valid the Idaho Code says that you have to have knowledge of the suspension. Often, as a Boise Criminal Lawyer I will get calls from people who didn't know their license was suspended. This is generally the scenario: A person will be convicted of a DUI. At some point before they received the notice of suspension in the mail they moved. They might even have forwarded the mail only to find out after a subsequent traffic stop that they are driving on a suspended license.
As I noted above, they are likely to be convicted of a DWP. As a Boise Criminal Lawyer, the next frustrated question I get from individuals is, "How can I be charged with a DWP if I never got notice?" You were on constructive notice. The law presumes that you knew or should have known that your license was suspended. In addition, the law reads that the address on file at the DMV is the address where you will receive notice. If you fail to change your address on your driver's license at the DMV you will not receive these important notices. That, however, is the responsibility of the driver. Forwarding your mail through the US Mail will not effect the address at the DMV.
If you need to speak to a Boise DUI Attorney or a Boise Criminal Defense Lawyer give us a call today, (208) 472-2385.
DUI Stops in Boise
Several people called my office yesterday wondering about the story in the newspaper about the Boise Police setting up a DUI dragnet on the connector. Is this legal?, they were wondering. As a Boise Criminal Attorney who does hundreds of DUI cases a year, I see people who have been caught driving under the influence in this very situation. Is it legal? Yes. In short it is heightened patrol.
What does heightened patrol do? As the story in the Idaho Statesman outlined yesterday, it nets more DUI stops. If you think about the numbers of individuals who were stopped on a weekday evening 10% of those stopped were cited for driving under the influence.
Criminal Procedure
The calls I get as a Boise Criminal Lawyer concerning these stops generally revolve around the legality of the stop but also whether or not the rights of the individuals are compromised. The Boise police are still held to the same standards as a regular stop for a DUI. They must have probable cause to pull you over. They must follow standard DUI stop protocol. They must read you your Miranda Rights. Likewise, if you challenge one of these DUI stops you wouldn't want to challenge it on the basis that the stop was heightened patrol and therefore unfair (believe it or not, I have been asked to present this argument). When you challenge this type of DUI stop you would still look at the evidence and make certain that no rights were violated and procedure was properly followed. In addition, you would look at breathalyzer calibration and certification as well as the surrounding circumstances.
If you have been charged with a DUI and you need to speak to a Boise Criminal Attorney, please give us a call, (208) 472-2384 and see what we can do for you.