Kershisnik Law, (208) 472-2383, Boise Attorneys handling Family Law, Divorce, Criminal Law, DUI and juvenile matters in Boise, Idaho. Call now for your free consultation.
Anonymous tips and DUI in Idaho:
According to the Idaho State Police DUI accounts for 39% of all fatal traffic collisions in Idaho. The number of drivers who are cited for DUI in Idaho is staggering. Over 10,000 drivers a year are arrested for DUI in Idaho. The Idaho State Police have an ongoing campaign aimed at deterring and stopping driving under the influence of drugs or alcohol. Part of the campaign is aimed at the general public. It is called REDDI (Report Every Drunk Driver Immediately).
The REDDI campaign asks that every citizen who witnesses a drunk driving incident report it immediately to the police. They ask that the location and direction of movement, be reported along with the vehicle description, license plate number and number of people in the vehicle. What the REDDI campaign fails to ask, however, is that you also give your name.
Why is it important for you to give your name? Well, firstly, whenever you call into the police they ask for your name. You don't have to give your name, but then your tip becomes anonymous. This is all important because if the driver of the vehicle has stopped driving the car by the time the police arrive, there needs to be credible evidence that that person was actually operating the motor vehicle. If the police have received an anonymous tip, then there is no eyewitness to give testimony about the driver. If there is no credible testimony about the driver being drunk, then they cannot be convicted of DUI.
If you are an adult, there is no law against being drunk in your own home. If the police, operating on an anonymous tip, arrive at that person's home and find them drunk, unless they are doing something illegal like disturbing the peace, there is nothing they can do. If they did not witness them operating a motor vehicle while under the influence, they cannot arrest them.
This type of case has been heard repeatedly by the Idaho State Supreme Court and the Court has unheld the decision that a DUI arrest cannot be made pursuant to an anonymous tip. While to some this may seem arbitrary and letting a criminal go, it is critically important to the criminal justice system. It helps to protect your rights. The last thing anyone wants is to be convicted of a crime based upon unreliable evidence.
People often ask if you need an attorney to represent you for a DUI or other criminal matter. This is a prime example of why it is so important to have an experienced DUI Lawyer on your side when you are charged with a DUI. If you don't have a criminal attorney representing you how will you know if the police received information about you driving under the influence from an anonymous tip? Would you even know to ask that type of information? This can make the difference between a conviction and a lesser charge or even going free. There are all sorts of evidence hoops that you will not know about and you can be certain that the prosecuting attorneys won't tell you.
If you have been charged with a DUI and need to speak to a Boise Criminal Attorney or a Boise DUI Lawyer, please give us a call, (208) 472-2383. We always offer a free consultation. Call now.
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