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.