Texting while driving/inattentive driving in Idaho

Texting while driving is a newer law put into affect in Idaho.  Idaho code 49-1401A which covers texsting while driving qualifies a wide aray of manual activities on a handheld electrical device, and you can be sure law enforcement will take a broad view in applying the law to you.

But while the language is broad, the statute allows an expection for using voice-operated or hands free device.  Another imptant thing to note is a texting while driving infraction does count for violation points against your driver's record.  So, while a texting while driving ticket may be frustrating, the affects may be minimal.

However, texting while driving in an accident constitutes good evidence of negligence in a car or vehicle accident.  While texting while driving does not give you points against your license, a person faces the risk of inattentive driving or even reckless driving charges should an accident occur.  These charges are misdemeanors and convictions for these charges WILL affect your driver's license. 

So, Idaho law is clear that texting while driving is not allowed.  While a texting while driving charge will not dramatically affect a person's record, should an accident occur, much more serious charges are possible.  If someone causes an accident in which you are injured, if they were texting while driving, it may help resolve your case.  Should texting while driving, inattentive driving, or reckless driving charges become an issue in your case, feel free to contact an Idaho Accident Lawyer.

Aaron Crary
Attorney at law

Minor in Possession/Consumption in Idaho

A minor in possession or consumption charge in Idaho carries with it consequences that can impact you significantly.  For a first time offense, you may be fined up to one thousand dollars.  A second time offense could lead up to a two thousand dollar fine and put you in jail for thirty days.  For a third time offense you could get sixty days in jail and up to a three thousand dollar fine.

Additionally, and without much logic, in Idaho a Minor in Possession conviction carries an automatic license suspension.  Curiously though, the law does not mandate a minimum license suspension period and the court has some discretion in deciding how long the suspension would be.

Also, the Judge could order that you obtain an alcohol evaluation.  The amount of treatment the court will order will depend on a number of factors including your history with alcohol or drugs and your prior criminal history. 

Instead of a conviction, courts will sometimes allow a person an alternative method to resolving their case.  To explore those options you may want to contact an Idaho Criminal Defense Lawyer before agreeing to resolve your case in court.

Aaron Crary

East Idaho Attorney 

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.