Every year in Idaho well over 10,000 people are arrested on DUI charges. As a Boise DUI Attorney, I see a fair number of individuals who fit within this statistic. Some of these people flat out admit to driving while under the influence. Many will say, "I only had a few beers, there's now way I was drunk" and still others will say, "The cop had no reason to pull me over".
The Idaho Transportation Department offers some advice on DUI and DUI stops in Idaho. They say that there are some key activities that the Boise Police and all police in Idaho look for when determining if they have probable cause to pull someone over on suspicion of driving under the influence. In general they say that people who are driving drunk make wide turns, cross lines, weave or swerve, stop for no reason, drive too fast or too slow and/or have a delayed response to things like traffic signals. While I know a few really bad drivers who fit this profile stone cold sober, most people don't drive this way unless they are somehow impaired or distracted.
What happens if you are driving this way and you haven't been drinking? There are several possibilities that I see regularly as a Boise Criminal Defense Lawyer. Firstly, when you drive this way you give the police a reasonable suspicion that something is going on in your vehicle that shouldn't be happening and thus they can pull you over.
So what types of things do they find? A very frequent scenario I see in the role of criminal lawyer is driving under the influence of drugs. Now this may mean illegal drugs, over the counter drugs or prescription drugs. Obviously, if you have illegal drugs in your system you will be charged with a DUI and possibly possession and any other derivative of that based upon what evidence the police find. If you have over the counter drugs or prescription drugs in your system you may or may not be charged with DUI. These cases tend to turn on evidence provided by a physician. As a defendant what you need is for a doctor to say that the amount of that drug you had in your system would not have impaired you and that you should be able to drive with that amount in your system. If you can't show this you can be charged with a DUI.
Even if you can show that the amount of drugs in your system didn't effect your driving, you might still be charged with a crime. Reckless or inattentive driving is another situation I see regularly as a Boise Criminal Attorney. Those wide turns mentioned about might endanger children in a school zone or speeding through a neighborhood could constitute a reckless disregard for human life.
Another fairly new scenario is texting while driving. This isn't so much of an impairment, rather it is a distraction. If you are texting while driving you may only be cited for TWD. You, however, depending upon the level of your distraction and whether or not you cause harm, may also be charged with reckless or inattentive driving.
The long and short of it is that those signs the police look for to establish cause to pull you over on a DUI can also lead to other criminal charges, because, like I mentioned above, I know some really bad drivers, but...
If you need a Boise DUI Attorney or an Idaho Criminal Defense Lawyer, give us a call and see what we can do for you, (208) 472-2383. Call now - you will be glad you did.
Showing posts with label inattentive driving. Show all posts
Showing posts with label inattentive driving. Show all posts
Friday, August 24, 2012
Monday, June 4, 2012
Boise Criminal Lawyers - Reckless or Inattentive Driving? (208) 472-2383
Reckless Driving in Idaho
As a Boise Criminal Lawyer I often get calls from potential clients who have been charged with reckless driving. Often they can't believe what they have done is reckless and they want to know, what, if anything can be done.
The Idaho Code defines reckless driving as driving carelessly and heedlessly in a manner where someone is endangered or likely of being endangered. Speeding though a school zone is a superb example of reckless driving. However, is all speeding through a school zone reckless? The Idaho Code also provides for the lessor charge of inattentive driving. One could imagine a scenario where school is out for the summer and you are "speeding" 5 miles above the speed limit at midnight in a school zone. If you are charged with reckless driving, it is likely that your criminal attorney can get that reduced to an inattentive driving charge or get you off all together.
Is it better to have an inattentive driving charge rather than a reckless driving charge?
Just by the very nature of the definition, it is obvious that you would be better off being charged with inattentive driving rather than reckless driving. A first time reckless driving charge is a misdemeanor punishable by a maximum of 6 months in jail or a maximum $1,000 fine or both. Inattentive driving, on the other hand, carries a maximum 90 day jail sentence or a maximum $300 fine or both.
What happens if you are charged with reckless driving but you have proof that you weren't driving recklessly?
If this happens before trial he prosecuting attorney's office has a little device they use in these situations. The state's attorneys will amend the complaint against you. Basically, this means they change the charge from the greater one to the lessor one. If, at trial, however, the state is not able to produce enough evidence, or if in pretrial motions, your criminal lawyers are able to quash condemning evidence, you will not convicted of reckless driving.
If you have been charged with reckless or inattentive driving or any other crime in Idaho, including DUI or DWP, give us a call and see what our Boise Criminal Lawyers can do for you. (208) 472-2383.
As a Boise Criminal Lawyer I often get calls from potential clients who have been charged with reckless driving. Often they can't believe what they have done is reckless and they want to know, what, if anything can be done.
The Idaho Code defines reckless driving as driving carelessly and heedlessly in a manner where someone is endangered or likely of being endangered. Speeding though a school zone is a superb example of reckless driving. However, is all speeding through a school zone reckless? The Idaho Code also provides for the lessor charge of inattentive driving. One could imagine a scenario where school is out for the summer and you are "speeding" 5 miles above the speed limit at midnight in a school zone. If you are charged with reckless driving, it is likely that your criminal attorney can get that reduced to an inattentive driving charge or get you off all together.
Is it better to have an inattentive driving charge rather than a reckless driving charge?
Just by the very nature of the definition, it is obvious that you would be better off being charged with inattentive driving rather than reckless driving. A first time reckless driving charge is a misdemeanor punishable by a maximum of 6 months in jail or a maximum $1,000 fine or both. Inattentive driving, on the other hand, carries a maximum 90 day jail sentence or a maximum $300 fine or both.
What happens if you are charged with reckless driving but you have proof that you weren't driving recklessly?
If this happens before trial he prosecuting attorney's office has a little device they use in these situations. The state's attorneys will amend the complaint against you. Basically, this means they change the charge from the greater one to the lessor one. If, at trial, however, the state is not able to produce enough evidence, or if in pretrial motions, your criminal lawyers are able to quash condemning evidence, you will not convicted of reckless driving.
If you have been charged with reckless or inattentive driving or any other crime in Idaho, including DUI or DWP, give us a call and see what our Boise Criminal Lawyers can do for you. (208) 472-2383.
Subscribe to:
Posts (Atom)