Marijuana Charge in East Idaho.

It's not uncommon for someone to get pulled over in Pocatello, Idaho Falls, Rexburg, or another city in East Idaho and get their vehicle searched for marijuana.  While the legality of the search would be the subject of another post, many people are curious what they can expect with a possession of marijuana charge.  As a lawyer in Idaho Falls, Idaho, this is a typical charge I see.  Police officers in East Idaho catch a fair number of their marijuana arrests during traffic stops, and the prosecutors are very familiar with the law in prosecuting these claims.

The fact that marijuana arrests are common does not mean East Idaho takes a pot charge lightly.  While the on-going mentality in other parts of the country, Colorado and Washington as good examples, is to lessen the punishments for these offenses, Idaho is quite the contrary.

First, how your case will be dealt with will depend on what county is prosecuting your case.  For instance, while I hate to say it, a judge in Rexburg could quite possibly have a different opinion than a judge in Pocatello.  For that reason you should know the prosecutor and judge you will be in front of.

Second, Idaho courts may very well order jail even on a first offense.  While someone traveling out of state might think there is no risk to pleading guilty, the truth is quite the opposite.  I don't suggest pleading guilty and leaving your case up to the judge.  If the judge orders jail and you failed to address important factors that may keep you out, you have likely lost your chance.

The moral of the story is, no matter who you are or what state you come from, Idaho takes possession of marijuana and possession of drug paraphernalia charges very seriously.  If you find yourself in this difficult situation, you should at a minimum talk to an attorney to find out what your options are.

(208) 478-3459
Aaron Crary
Attorney at Law
Idaho Falls, Pocatello

DUI in Idaho Falls, what next?

If you have been stopped for, arrested for, or charged with drunk driving in Idaho, there are a number of considerations to take into account when trying to resolve your case.  To start, your prior history with alcohol will play a big role in how the courts will view your case in East Idaho.  Also, the amount of alcohol in your system will greatly affect how your case will be handled.  Drunk-driving law is complex and the guidance of a skilled Idaho Lawyer can make a significant difference in a defendant’s experience and in the outcome of his or her case.

Drunk-driving laws differ among the states.  There are certain concepts and features common to most states’ drunk-driving jurisprudence. As we all know, operating a motor vehicle after consuming alcohol and/or drugs to a degree that impairs a person’s judgment and ability to drive safely is a serious offense. Both criminal and civil penalties for drunk driving can be harsh and often include:

• Loss or suspension of license
• Large fines
• Substance-abuse treatment
• Jail or prison time
• Community service
• Restitution
• Criminal record
  • Restrictive probationary license programs, including ignition interlock devices and restricted licenses

A drunk-driving conviction can have a lasting impact on your life and should be taken very seriously.  If you have a commercial driver's license it is especially important for you to be aware of your rights. 

Idaho Falls Attorney

(208) 478-3459

DUI arrest and blood test expungement, Idaho Falls, Idaho.

I recently represented an individual who was arrested for DUI and requested a blood draw.  Since the blood draw process in Idaho Falls, Idaho takes at least three months, the person was arrested and had to wait for his results before resolving the case.  Luckily for him the blood results came back at .03, under the legal limit of .08.

A person is entitled to expungement under Idaho Code 67-3004 which states:

"Any person who was arrested or served a criminal summons and who was not charged by indictment or information within one year of the arrest or summons and any person who was acquitted of all offenses. I. C. § 67-3004."

The prosecutor agreed to dismiss the case but the problem remained that the arrest was still on the person's record.  The issue we were confronted with was the individual "acquitted" for the purposes of the statute?  

We brought the motion in front of the judge who, fortunately for the client, ruled the dismissal was "based upon the facts", allowing my client's record to be expunged with the state of Idaho.

Expungement in Idaho is difficult and even if your cased is dimissed you may not be eligible for expungement.  You will want to make sure, if you are eligible for dismissal, to request the court make the determination based upon the facts and place that in the order. 

Request a lawyer.

The Sixth Amendment to the Constitution is the part of the Constitution which protects many of your rights when you go to trial. The Sixth Amendement guaranteess the right to a fair trial no matter what crime you are charged with.  The Sixth Amendment applies equally to a DUI charge.
You have a number of important rights guaranteed under the Sixth Amendment including: the right to be tried by an impartial jury, the right to be informed of the nature of the charges against you, the right to confront the witnesses against you, and IMPORTANTLYthe right to a lawyer.

A quick and easy way to assert your Sixth Amendement right is to ask for a lawyer.  Generally speaking, I always recommend when questioned by a police officer during a traffic stop, a DUI arrest or any other criminal charge, to ask for a laywer.  Remember, you have a right to be represented by a lawyer. If the police continue to question you otherwise, your statements are can be protected.  

Protect your rights, ask for a lawyer.

When can a police officer stop me?

Often when a client comes in charged with a DUI, they ask about being stopped late at night and whether a police officer can "just stop me for no reason".  In order for a police officer to pull someone over, all they need is a reasonable suspicion of a traffic infraction.  Normally late at night a person will be pulled over for something simple like failure to signal when turning, a burned out light, or an infraction of that nature.  Once a person is pulled over, if the officer has reason to believe the driver is under the influence, the stop can turn into a DUI investigation. 

So what does this all mean.  To avoid getting pulled over, first, you should make sure there is no equipment malfunctions with your car.  Next, make sure you follow all traffic rules to the T when driving late at night.  A large majority of police stops occur at night.  Whether you have been drinking or not, it is better to try to avoid a traffic stop altogether. 

I have had clients who were stopped and arrested, only to get their cases dismissed when the blood result was under the legal limit.  While this result is nice, it doesn't help the fact that my client was arrested, booked into jail, and had to wait for courts dates and hearings to get the case dismissed.

My recommendation, drive as careful as you can.

DUI-Breath test under a .08?

A common question I hear from people as an Idaho Attorney is "can a police officer give me a DUI for a blood alcohol level under .08 in Idaho?"

The answer is "maybe".  Idaho code 18-8004(2) explains specifically what the limits are for prosecuting a person with an alcohol level below a .08:

Any person having an alcohol concentration of less than 0.08, as defined in subsection (4) of this section, as shown by analysis of his blood, urine, or breath, by a test requested by a police officer shall not be prosecuted for driving under the influence of alcohol, except as provided in subsection (3), subsection (1)(b) or subsection (1)(d) of this section. Any person who does not take a test to determine alcohol concentration or whose test result is determined by the court to be unreliable or inadmissible against him, may be prosecuted for driving or being in actual physical control of a motor vehicle while under the influence of alcohol, drugs, or any other intoxicating substances, on other competent evidence.

Subsection (1)(a), (1)(b) and (3) deal with evidence of drug use in addition to alcohol in one's system.  Without drugs in your system, a prosecutor is directed NOT to prosecute a person for DUI.  Thus, as long as you did not refuse the test, if your blood level is under a .08, you have a strong defense for your case.

Soft tissue injuries are serious.

As an attorney in Idaho Falls, Idaho, I often see car accidents where there are no broken bones, but a person is still injured.  Often these type of injuries are referred to as "soft tissue injuries."
In Idaho, Soft tissue injuries are quite common among car victims. Contrary to popular belief, they can also be very serious. Individuals who have severe soft tissue injuries may end up bedridden and unable to work and perform their normal, day-to-day activities. Unfortunately, it can be difficult to find a lawyer who will represent someone with seemingly minor soft tissue injures. This is primarily because some lawyers don’t believe that these types of injuries are compensable. While this is sometimes true, it’s not always. There are Idaho personal injury attorneys who will take on these types of cases and who win them.

What is a Soft Tissue Injury?

A soft tissue injury is one in which the tendons, ligaments and/or muscles are hurt or damaged. These types of injuries aren’t as visible as, say, a broken bone. However, this doesn’t mean that they are any less painful or debilitating. Soft tissue injuries can be very painful and can limit a person’s range of motion, ability to move and get around. If the injury/injuries are serious enough, it could impact a person’s ability to work and care for their family. In these cases, it may be possible for a person to be compensated.

Overview on slip and falls.

A question we often hear as attorneys in East Idaho from someone who fell in a supermarket or store and hurt themselves is they want to know if they have a case for damages.

Fall injuries can be serious, but proving liability can be challenging. Puddles, spills, and floor hazards might be caused by negligence, but it is not enough that one tripped, fell, and got hurt. To show the store was at fault the store must have caused the dangerous condition.
Here in Idaho Falls and Pocatello, it’s our job as attorneys to evaluate whether we believe that we can help someone hurt in a fall to recover compensation. Following are some of the important slip and fall points that we look for in evaluating premises liability.

Negligence of a Supermarket or Retail Store
A grocery store will generally not be liable to a customer for injuries suffered in a slip and fall on the store premises if:

the premises where the fall occurred were not unreasonably dangerous.

the store did not have any reason to know of the hazardous condition.

the store used reasonable care to protect customers from injury.

the customer’s own negligence was the major cause of his or her injuries.


In other words, a supermarket has to keep its floors, aisles, displays, and merchandise in reasonably safe condition so that they are unlikely to injure customers. Conditions become unreasonably dangerous when they are left unattended for substantial periods of time. Examples are a spill or puddle that gets missed and left on the floor. A patch of ice that is not removed from an entryway. A carton or display extending into an aisle below eye level. If the store should have known about such conditions—or if employees created them—the store may be liable for injury.

Rear-end car accidents.

While practicing injury law in Idaho, I have seen many different kinds of car accidents.  A large majority of those accidents are rear end accidents.  In fact, study show rear end collisions are the second most common accident, second only to backing accidents, in the United States. 

There are many causes for rear-end accidents. Drivers following too closely to the vehicle in front of them cause a majority of these crashes. Distractions also play a big role in these types of collisions. In addition, adverse road conditions and disregarding safe driving speeds can also play a part.

There are certain types of injuries that are typical to these types of accidents. For instance, being propelled forward, the vehicle occupants' unsupported heads lag until their necks reach a distortion limit and then are whipped forward. As a result of this force, many people suffer neck injuries, as well as back, shoulder, knee, spine and head trauma.

In order to reduce the risk for rear-end accidents; drivers can take precautions. For commercial drivers, written company policies and education programs about traffic safety and behind the wheel activities, such as cell phone use, are crucial. Both commercial and non-commercial drivers should remember to keep pace with traffic and avoid tailgating and distractions. These are all helpful ways to avoid rear-end collisions.

When a driver or their passengers are injured due to a rear-end crash, they may have to deal with property damage, lost time from work and medical bills. In these cases, a reputable personal injury attorney can help crash victims negotiate with insurance companies and protect victims' legal rights.

Be safe while doing your winter driving.

While winter in East Idaho and Wyoming can be exciting with all the skiing and snow activities, it is important to be careful when enjoying yourself, whether it be Targhee, Yellowstone, Jackson or where ever you're headed. Driving during this season leads to roads filled with drowsy drivers and related car accidents.

Drowsy driving is similar to the dangers of drunk or distracted driving. When a driver hasn't had enough rest and gets behind the wheel, his response times, judgment and ability to stay alert behind the wheel are significantly compromised. Here is a list of some dangers that can arise and some prevention tips related to the traffic safety problems:

The truth behind drowsy driving

• As much as one out of six fatal traffic accidents involve drowsy driving.
• A recent study found that more than 30 percent of drivers admit that they have driven while they were tired enough that it was hard to keep their eyes open.
• Another study found that 10 percent of drivers admitted that they had fallen asleep while driving in the past year.

What should you do to prevent drowsy driving?

• Generally, a person needs seven hours of sleep in order be well-rested and safe to drive.
• Don't drive if you feel too tired. Get a ride, or get some sleep before driving.
• Don't push yourself to drive for too long without taking a break to get up and stretch and/or get some sleep. Your destination will still be there whether you arrive sooner or later. Consider taking a driving break every two hours to avoid driving dangerously.

There are other driving tips related to drowsy driving prevention. But the surest and safest way to avoid accidents is to be honest with yourself and others when you feel too tired to drive.  If you're too tired, rest.

Medical Marijuana in Idaho?

Most states in the US have some form of medical marijuana.  Those states that allow you to have a prescription to posses marijuana will allow you to use medical marijuana if you follow the guidelines set up for each state.

Idaho on the other hand is one of the few states left that does NOT recognize medical marijuana.  What that means is that not only can you not qualify for medical marijuana use in Idaho, but if you are passing through Idaho with marijuana, your medical marijuana permit from another state will do little to help you.

As a criminal defense attorney in east idaho, I often see poeple traveling throught Idaho on their way to many different places including Yellowstone, Jackson and the like. It is important to remember when traveling through that you should leave your medical marijuana behind.  If you don't, you could be facing penalties and jail time.

Courts in Idaho Falls, Pocatello and the surrounding counties will often prosecute a medical marijuana charge just as they would a person without a medical marijuana permit.  If you find yourself in a situation where you forgot to remove your medical marijuana while driving through, it is important to take any charge seriously and address it like any other criminal charge.  Idaho is strict on marijuana and will attempt to enforce serious penalties, regardless of the amount, and regardless if its for medical use or not.

What about my car? Property damage in car accidents.

 I will get telephone calls from people who were involved in a car accident here in east idaho and their car was badly damaged.  Often the adjuster will tell them the car is a total loss.  Obviously, many people feel like the adjustor's settlement offer for the car is unfair.

If you have been in an accident and are trying to handle the property damage portion of your claim, be sure to follow these tips:
1) If you were injured in the car accident, contact an Idaho personal injury lawyer and discuss your case before signing insurance papers regarding the property damage. A personal injury lawyer can ensure your bodily injury claim is not limited by the papers you have been asked to sign.
2) The insurance company is obligated to put you in a rental car that is the same size as the car you were driving at the time of the accident. Do not let them put you in a small car that saves them money. If they don't, you can ask the insurance company to compensate you $20-$25 for every day you went without a car.
3) You do not have to accept the property damage adjustor's first settlement offer for you car. Most insurance companies determine the value of your car by finding comparable vehicles as close to your home as possible. They are not interested in the Kelly Blue Book value of your car. So be prepared for their settlement offer by finding a similar car, with similar features and milage on autotrader.com or your local classifieds. If the adjustor's offer is less than the comps you have found, send the adjustor a counter-offer with copies of your comps.
4) Be sure not to keep the rental car longer than permitted or you will be responsible for the additonal charges. The insurance company is only responsible for providing a rental car from the date of the accident until they make a "reasonable offer" for the replacement of your car. If the adjustor makes an offer and tells you to return the car, be sure to return the car, even if its before your settlement check has arrived.

What will a criminal attorney do?

Attorneys are human beings just like the rest.  Criminal lawyers are not miracle workers, but they will do the best they can for you. No matter what, a person faced with a criminal charge has certain facts, both good and bad in their case.  Some facts will be difficult.  For instance, if you ran from the cops, got out and tried to fight them, we are probably going to have a difficult case on our hands.

Many people expect their criminal lawyer to come in to their case, find some fatal flaw, expose some witness on the stand, and get a not guilty verdict. Most the time it does not work like this.  In fact, normally the person charged just wants to get a fair resolution and move on with their lives.  This happens because in real life people talk to the cops, people get caught red handed, people consent to the search of their vehicles and homes. While we have rights, cops know what those limits are.

What a good criminal lawyer will do for you is uncover every rock and investigate every nook and cranny to see if any issues are out there that will help your case. If that works, then that’s great. If it doesn’t, then they start working hard to get the best deal possible for you. Our job is to do our best for you, get you the best outcome, keep you out of jail, and allow you to lead a productive and fruitful life.

There are no guarantees in criminal defense. There is no guarantee the prosecutor assigned to your case will be open to discussing the case with you. There is no guarantee the officer that stopped you is going to make a mistake. And there is no guarantee that your attorney is going to be able to get your case dismissed. To think otherwise just isn’t smart.

If you ever need a criminal attorney, get someone that will work hard for you, that will interview the people that need to be interviewed, and will push the prosecutor to understand the weaknesses in your case. A good attorney will keep in mind that you want to get a quick resolution, but will focus on issues that will get you a good resolution, even if it means taking more time.  Sometimes a good resolution takes time, and investing that time is important. You get that, and you’re probably getting the best outcome possible.