Tuesday, April 5, 2011

Boise Criminal Lawyers - Idaho DUI Charge Against Out of State Residents - What Can You Do

As a Boise Criminal Lawyer I get calls with the following scenario.  Joe Q. Public happened to be in Boise or in Idaho for the weekend to visit friends.  He had a great time but ended up drinking too much and got pulled over for a DUI.  The calls are often similar.  They need to talk to a Boise Criminal Attorney because they have no plans on ever returning to Boise and they can't take time off from work to fly back and forth for a DUI trial.  What can Boise Criminal Lawyers do for them?

Rule 43  of the Idaho Criminal Rules allows a defendant charged with a misdemeanor to motion the court, through a criminal attorney and ask to be excused from personally appearing for any stage of the proceedings against them.  The defendant must sign an affidavit explaining the situation and fully authorize their criminal lawyer to make all decisions for them, including a guilty plea.

The Rule 43 exception only works if the case is a misdemeanor.  If you are being charged with a third time DUI or an excessive DUI or any other felony you must be present in Idaho for all court appearances.

If you need to speak to a Boise Criminal Lawyer concerning a DUI or any other crime in Idaho, please call (208) 472-2383

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