The Idaho Transportation Department produced a brochure to help educate the public on the many different DUI laws. It contains helpful information regarding the respective penalties for a First, Second within 10 years, and Third DUI within 10 years. It also shows the penalties for BAC levels of 0.20% or greater for First and Second …
Do you have to show identification to police in Idaho?
If a law enforcement officer asks for identification, in most circumstances, you should probably provide them your drivers license.
Do you have to show identification to police in Idaho?Read More
The cops keep pulling me over for no reason! Can they do that?
Even though a police office must have a lawful reason to stop you, “lawful reason” has been interpreted very broadly, allowing law enforcement officers to stop for pretty much any reason they want.
The cops keep pulling me over for no reason! Can they do that?Read More
All of us at Atkinson Law Offices understand the growing concerns for our clients and the local community around Coronavirus (COVID-19). We want to address your concerns and assure you that we are taking every precaution to keep our staff, clients, and community partners safe during these unprecedented times. Atkinson Law Offices is actively monitoring …
Can an Ignition Interlock Device be Required for the First Conviction of DUI in Idaho?
As of January 1 2019, the state of Idaho now requires any first-time DUI offender to install an ignition interlock device on their vehicle(s). It is possible, although not easy, to get an exception.
Can an Ignition Interlock Device be Required for the First Conviction of DUI in Idaho?Read More
How Much Does a DUI Attorney Cost in Idaho?
A DUI arrest is expensive. You face bail, classes, fines, fees, evaluations, a spike in insurance rates, and even a tow for your car. Already incurring so many expenses, how much should you spend on your attorney?
Victim Dropped Charges. Why Am I Still Being Charged?
Many people think that an alleged victim of a crime can “drop the charges.” However, the prosecutor is the party that files and dismisses charges.
Victim Dropped Charges. Why Am I Still Being Charged?Read More
What to do if you are accused of a sex offense.
Merely the accusation of a sex offense can carry quite the stigma. Frankly, few things are scarier thank being accused. Law enforcement play on this fear in their strategies to try and catch anyone they suspect of guilt.
Preliminary Hearing: What is it?
After you have been charged with a felony, your first two court appearances are, first, an arraignment and, second, a preliminary hearing.
Arraignment: What is it?
After you have been charged with a crime, your first initial appearance in court is called an arraignment. Several pressing matters are conducted during this initial appearance.
What Happens When You Get an Aggravated DUI?
It is illegal in Idaho to drive a car while influenced by intoxicants such as alcohol. An Aggravated DUI, is a Felony DUI in which a person has been injured.
License Suspension for a DUI in Idaho.
A license suspension is very likely when you have been charged with a DUI. Wether you fail a breath test, refuse a breath test, or get a conviction for a DUI, this consequences can be severe.
What Does Probation Mean After a DUI in Idaho?
A penalty for a DUI conviction will most often place you on a period of probation in lieu of a full jail sentence. The judge may set conditions or terms to aid in your rehabilitation.
What is a Felony DUI in Idaho?
The four types of drunk driving felony charges involve either repeat conviction or injury of another person.
What is Considered an Excessive DUI in Idaho?
In Idaho, severity is considered when charging someone of a excessive DUI. Excessive alcohol concentration and perceived repeat behavior are among these considerations. The potential sentences resulting from conviction carry more severe consequences.
What Happens When You Get a Second DUI in Idaho?
In Idaho, driving under an intoxicating substance is a crime. Possible penalties for this crime can increase substantially which it is a repeat offense, in a short period of time.
How Bad is a DUI Misdemeanor in Idaho?
It is a crime to operate a motor vehicle while influenced on intoxicant substances. The legal blood concentration must be .08 or greater. If this is your first standard DUI, it is a misdemeanor.
Penalties in a misdemeanor DUI case in Idaho.
In Idaho, DUI charges come with some severe consequences when convicted. You face possible penalties such as jail, fines, restitution, an interlock device placed on your car, evaluations, court costs, and license suspension, among others. After you have been found guilty these hefty penalties, for a misdemeanor DUI, will be imposed during your sentencing hearing.
Temporary Custody Orders
The time between when a parent files for custody and the time the court finalizes the case may take substantial time, often, up to 9 months In Idaho. It is customary for a temporary custody order to be arranged by the court. Either parent can be held in contempt if they refuse to obey the order.
Sentencing hearings in a misdemeanor DUI case.
After you have pled guilty, or found guilty, a judge will hear evidence at a sentencing hearing where the court will decide what possible penalties to impose as a result of the conviction.
What Happens at a DUI Pretrial?
A pretrial conference is NOT a trial. It is a hearing before the judge to discuss the case between all attorneys involved to determine if the case is ready for a trial.
Is It Better to Plead Guilty or Not Guilty for a DUI?
At your first initial court date, after an arrest for DUI, entering a plea with the clerk is the first thing you will be asked to do. Should you plead not guilty or guilty?
Is It Better to Plead Guilty or Not Guilty for a DUI?Read More
Got a DUI? 10 Steps of a DUI Case
Cases can resolve in a number of ways once someone has been charged with a DUI. The process can be lengthy and unknown to the accused. The possible steps one might come upon during their DUI experience are as follows.
How can the State charge me if there is no proof?
How can the police charge you of a crime when the person who accused you has no evidence of any wrongdoing.
10 Steps of a Felony Criminal Case
Not knowing what to expect is potentially one of the scariest things about the court process. After being charged with a crime, there are several steps I hope to guild you through to hopefully alleviate some of those fears so you can make the best decisions for your case.
Can I be arrested for a DUI after taking prescription medications?
Driving under the influence doesn’t just mean operating a motor vehicle after drinking alcohol. Very few people are fully aware of the potential risk for driving after taking drugs legally prescribed by a doctor.
Can I be arrested for a DUI after taking prescription medications?Read More
Ten Steps of a Divorce Case in Idaho
The dissolution of a marriage most often will be a difficult, painful, traumatic, and a lengthy process. Even thought every relationship is different, it may come as a surprise to you that we see patterns similar in every case. Emotional distancing, erosion of trust, allegations and complete breakdown in communication are among a few.
What happens to a witness (or victim) if they fail to appear for court?
I get asked all the time what happens to a case when the alleged victim or witness doesn’t show up for court. The result won’t necessarily be a dismissal, as you’d suspect, and new charges and consequences could follow for the witness and/or defendant if any influence or intimidation was present.
What happens to a witness (or victim) if they fail to appear for court?Read More
Should I refuse to blow when arrested for DUI?
If you have been suspected of a DUI, you have the right to refuse to blow into the breathalyzer, but the state can proceed with a charge regardless, and the consequences of the refusal can come at a lofty price.
Can the police lie to you to get you to confess?
When interrogating, the police department may lie to you so you can’t trust any evidence they present. Don’t talk to the police without the consent of an attorney.
Unprocessed rape kits are not a problem in Idaho, despite what the media says.
A recent news article brought to light all the rape kits that were un tested in Idaho, and were outraged at the lack of support this seemed to show sexual assault victims.
Unprocessed rape kits are not a problem in Idaho, despite what the media says.Read More
Ferguson, Grand Jury, and Indicting a Ham Sandwich
What I find most interesting in the Ferguson case.
Famous last words: I am innocent, I do not need an attorney.
Misunderstanding of how the system works and naive beliefs that the government is benevolent lead people to trust at their own peril.
Famous last words: I am innocent, I do not need an attorney.Read More
Arrested and Not Read My Rights!
Thanks to Hollywood, we know that Law enforcement must clearly inform a person in custody their rights before interrogation or arrest. The movies makes us believe that we know what this looks like when in fact we are not fully aware of what is required or why.
Rep. Mark Patterson. Innocent men never plead guilty?
If the world was perfect, every defendant who was wrongfully charged would have his case dismissed. A recent news article reporting Republican Mark Patterson plea of guilt, back in 1974, sparked my interest on the matter of innocent men pleading guilty.
Rep. Mark Patterson. Innocent men never plead guilty?Read More
What is the difference between a criminal charge and a traffic ticket?
A common mistake I hear is the difference between a criminal charge and an infraction. What are the implications and consequences of either. Read more to find out.
What is the difference between a criminal charge and a traffic ticket?Read More
When can the police come into my home?
Unlike the rights we have lost regarding unreasonable searches in our automobiles, the status of our rights regarding searches in our homes have not been so decimated.
Should I Hire An Attorney For My Criminal Case? [Video]
Watch my Vlog about the need to hire an attorney.
Should I Hire An Attorney For My Criminal Case? [Video]Read More
I Have an Idaho Arrest Warrant, but Live Out of State, What Can I Do?
What happens when an arrest warrant is issued from a different state in which you currently reside. How is this even possible and what can be done about it.
I Have an Idaho Arrest Warrant, but Live Out of State, What Can I Do?Read More
What happens to my driver’s license after a DUI?
When you have been charged with a DUI, one of the most significant life altering consequences is your license suspension.