No. To commit a crime in Idaho, requires that it be done willfully. The word "willfully," when applied to the intent with which an act is done or omitted, implies simply a "purpose or willingness" to commit the act referred to. It does not require any intent to violate law, or...Read more »
There are 2 sanctioned ways the State can prosecute a DUI. The definition of Driving Under the Influence, is when a driver is seated in the driver's seat with the motor running, and "under the influence" of an intoxicant.
Idaho also as adopted a .08 level of alcohol so as...Read more »
Most states respect other states' laws, as long as judgments were rendered with die process. VA issued you a valid DL for 5 minutes. That's actually a much shorter time than I would have guessed, with high speed computers and other means of transmission. Once VA discovered your DL status...Read more »
I did not swerve, forget a signal, speed or do anything illegal. They stopped me because I told my ex I was feeling suicidal. They immediately told me to get out of the car. I told them I was okay and just wanted to go out for lunch and was going to call the crisis line after I ate. They asked if... Read more »
You can file a Motion to Suppress evidence. However, the "reason" you were pulled over you explained, was your ex apparently called 911 and explained that you were suicidal? That call gave officers "reasonable suspicion" that "if located while driving," your condition...Read more »
Police filed immenent danger to cps without giving me time to find them some one to pick them up from school. pulled over at 1030am. no kids in car. in jail I contacted kids step sister parents and they were gonna pick them up. cps said no and picked them up because police said there in imminent... Read more »
Police didn't HAVE TO take the kids. Police COULD HAVE allowed you to pick them up or actually HELP you find a family member who could pick the kids up, BUT THEY DON'T HELP! THEY PUNISH and PUNISH and PUNISH you! YOU'RE A BAD DAD!! WE'RE GOING TO EVENTUALLY LET YOU HAVE YOUR...Read more »
It's possible to get it reduced but in no way guaranteed. The possibility depends on several factors, such as prior criminal history (not just prior DUI history), the facts of the case, what your other blow was (you should have two separate blows), cooperation with law enforcement, etc. If the...Read more »
Yes. Many jurisdictions allow or require officers to re-administer the test again. The officer will need to justify in court why they needed to re-administer the test, which may call into question the officer's ability or indicate another problem. In my jurisdiction, officers are required to...Read more »
Not automatically. If you’re a citizen of the United States you won’t give up the 14th Amendment rights you have simply by being convicted of a felony. However, to be certain that you haven’t been “required” to give up your 4th Amendment rights, particularly for drug crimes, by the court...Read more »
There is an affirmative defense called “necessity.” It requires YOU to prove that there was literally NOTHING else you could have done; such as getting a ride with someone else or leaving earlier so you hadn’t been drinking etc., so you can see that it is quite a hill you’ll need to climb...Read more »
I was pulled over for having a license plate light out and issued a DUI. I was not arrested but car was towed and impounded, and later searched. I have contacted them several times about getting my hard drives and computer out of the car because I am a professional photographer and I'm already... Read more »
If your blood alcohol comes back as excessive there are additional penalties. In Idaho an excessive BAC is 0.20 or higher. You can read the statue here https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch80/sect18-8004c/
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