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.