As a Boise Criminal Attorney I often get anxious calls from individuals who have gotten a DUI. They are not only concerned about the consequences of being charged with a crime, but also the widespread effects on other aspects of their lives. DUI can wreak havoc on your personal life as well as on your employment. Probably the second or third most frequent question I get as a Boise DUI Lawyer is, "Will I lose my job?"
There is no universal answer to this question. A lot of it depends upon your employer. Does your employer have a policy on DUI charges? Is there a zero tolerance for criminal charges at your workplace? Will your termination depend upon your job performance?
If you are charged with a DUI and you are aware of a no tolerance policy or your boss approaches you to discuss termination, what should you do? First, you should remain calm. If there is an across the board termination requirement for DUI, ask your boss to wait until the final outcome. Just because you have been charged with a crime doesn't mean you will be convicted of a crime. You might be lucky and have one of those cases where there was improper search, lack of probable cause or some other situation that would result in a dismissal of your case or a conviction on a lesser charge.
Termination based upon a DUI or a conviction of a crime often has to do with the company's public reputation. Can you imagine the hypocrisy a police officer getting a DUI? Also, remember that a charge for driving under the influence can mean having drunk too much or having illegal drugs in your system (or too much prescription drugs or over the counter drugs in your system resulting in an impairment of your ability to drive). Your boss may not want the public to believe that his employees are drug users, especially if your job revolves around public service or safety.
If you have been charged with a DUI or a crime in Idaho and need to speak to either a Boise Criminal Attorney or a Boise DUI Lawyer, give us a call and see what we can do for you, (208) 472-2383
Boise Attorney, Pat Kershisnik, has been practicing law in the Boise Area for over 20 years. In his blog he discusses many Idaho legal issues including divorce, custody, DUI, criminal law, bankruptcy, employment law, estate planning, probate, personal injury, workers comp and small business law.
Showing posts with label drugs. Show all posts
Showing posts with label drugs. Show all posts
Friday, January 4, 2013
Wednesday, December 12, 2012
Boise Divorce Attorneys - Idaho Family Law Lawyers (208) 472-2383 Changes During a Pending Case
Modification
I have often spoken about modification in my divorce and family law blogs. Many of you may remember that in order to modify an existing order you must show a substantial and material change of circumstance that did not exist at the time of agreement.
When speaking of modification this way, it seems that post divorce or custody is the only time changes occur. That, however, is slightly misleading. As a Boise Divorce Attorney, I often see the need to modify an agreement within an existing active case.
For example, Magistrate Judges in Ada County order issues of custody to be mediated. The idea behind this is that the parties, themselves, can work out what will work best for them, rather than having a judge tell them what to do. They are ordered to choose from a set of court appointed mediators within a certain time period and are asked to attend mediation to work out an agreement. If they agree they then sign the agreement and that is incorporated into the divorce and custody order.
Changes that Occur Prior to Final Divorce Order
As a Boise Divorce Attorney I have seen situations where the parties agree and then before a final order in entered there is a change in circumstances that possibly makes the agreement less than ideal when taking into account the best interest of the child. For example, if one party begins using drugs or is charge with aggravated assault, you would not want to keep a parenting agreement that allowed the child to be alone with that parent.
Whether the parent is committing a crime, engaged in ongoing criminal activity or is acting in a way that shows a disregard for parental responsibility, can you change your parenting agreement without filing for a modification? As a family law lawyer I would suggest that the court be notified of the change and motion the court disregard the signed mediation agreement based upon the material change in circumstance. It can easily be argued that the set of facts which the mediation is based on have change to a new set of facts considering the criminal or unfit behavior of one parent. Simply because an agreement is in place does not mean that it should stand if one parent is acting in a way that is not suitable to the best interest of a child.
If you need to speak to a Boise Divorce Attorney or an Idaho Family Law Lawyer, please give us a call and see what we can do for you, (208) 472-2383.
I have often spoken about modification in my divorce and family law blogs. Many of you may remember that in order to modify an existing order you must show a substantial and material change of circumstance that did not exist at the time of agreement.
When speaking of modification this way, it seems that post divorce or custody is the only time changes occur. That, however, is slightly misleading. As a Boise Divorce Attorney, I often see the need to modify an agreement within an existing active case.
For example, Magistrate Judges in Ada County order issues of custody to be mediated. The idea behind this is that the parties, themselves, can work out what will work best for them, rather than having a judge tell them what to do. They are ordered to choose from a set of court appointed mediators within a certain time period and are asked to attend mediation to work out an agreement. If they agree they then sign the agreement and that is incorporated into the divorce and custody order.
Changes that Occur Prior to Final Divorce Order
As a Boise Divorce Attorney I have seen situations where the parties agree and then before a final order in entered there is a change in circumstances that possibly makes the agreement less than ideal when taking into account the best interest of the child. For example, if one party begins using drugs or is charge with aggravated assault, you would not want to keep a parenting agreement that allowed the child to be alone with that parent.
Whether the parent is committing a crime, engaged in ongoing criminal activity or is acting in a way that shows a disregard for parental responsibility, can you change your parenting agreement without filing for a modification? As a family law lawyer I would suggest that the court be notified of the change and motion the court disregard the signed mediation agreement based upon the material change in circumstance. It can easily be argued that the set of facts which the mediation is based on have change to a new set of facts considering the criminal or unfit behavior of one parent. Simply because an agreement is in place does not mean that it should stand if one parent is acting in a way that is not suitable to the best interest of a child.
If you need to speak to a Boise Divorce Attorney or an Idaho Family Law Lawyer, please give us a call and see what we can do for you, (208) 472-2383.
Friday, September 7, 2012
Boise Criminal Defense Attorneys - DUI Lawyers 208-472-2383
License Suspension
As a Boise Criminal Defense Attorney I deal a lot with the Idaho Transportation Department. The reason I have so much contact has to do with license suspensions.
DUI License Suspension
Many people are aware that there is a mandatory license suspension when you are convicted of a DUI. This is a requirement established by Idaho Statute and the length of which will be determined by how many times you have been convicted of driving under the influence. The license suspension applies to driving under the influence of alcohol as well as drugs including illegal drugs such as marijuana, meth or over the counter or prescription drugs.
DWP License Suspension
All criminal lawyers will tell you that DWP is a slippery slope and it's true. If you already have a suspended license because of something like a DUI and you get pulled over, you are going to get an additional license suspension on top of the one that you already have. It won't start running until the current one expires.
License Suspension for Minors
There are special rules that apply to suspensions for juveniles. A minor can be be cited with a DUI for any amount of alcohol in the blood stream. Whereas a license suspension for an adult on a first time DUI would be for 30 days absolute and then between 60-150 days where you can ask for a restricted license, the law is much tougher with minors. A minor DUI carries a 1 year suspension with a 90 day absolute.
There are other ways that minors can get there license suspended as well. If a minor, under the age of 17 is convicted of a traffic offense, there are automatically given notice that if they receive another conviction they will have their license suspended for 30 days. A third conviction would carry a 60 day suspension. This continues until the minor reaches 17. If a minor receives a suspension a day before their 17th birthday, the suspension will run its course, regardless of the age of the minor.
If you need to speak to a Boise Criminal Lawyer about a DUI, DWP or any other crime in Idaho, give us a call (208) 472-2383 and see what we can do for you. You will be glad you did.
As a Boise Criminal Defense Attorney I deal a lot with the Idaho Transportation Department. The reason I have so much contact has to do with license suspensions.
DUI License Suspension
Many people are aware that there is a mandatory license suspension when you are convicted of a DUI. This is a requirement established by Idaho Statute and the length of which will be determined by how many times you have been convicted of driving under the influence. The license suspension applies to driving under the influence of alcohol as well as drugs including illegal drugs such as marijuana, meth or over the counter or prescription drugs.
DWP License Suspension
All criminal lawyers will tell you that DWP is a slippery slope and it's true. If you already have a suspended license because of something like a DUI and you get pulled over, you are going to get an additional license suspension on top of the one that you already have. It won't start running until the current one expires.
License Suspension for Minors
There are special rules that apply to suspensions for juveniles. A minor can be be cited with a DUI for any amount of alcohol in the blood stream. Whereas a license suspension for an adult on a first time DUI would be for 30 days absolute and then between 60-150 days where you can ask for a restricted license, the law is much tougher with minors. A minor DUI carries a 1 year suspension with a 90 day absolute.
There are other ways that minors can get there license suspended as well. If a minor, under the age of 17 is convicted of a traffic offense, there are automatically given notice that if they receive another conviction they will have their license suspended for 30 days. A third conviction would carry a 60 day suspension. This continues until the minor reaches 17. If a minor receives a suspension a day before their 17th birthday, the suspension will run its course, regardless of the age of the minor.
If you need to speak to a Boise Criminal Lawyer about a DUI, DWP or any other crime in Idaho, give us a call (208) 472-2383 and see what we can do for you. You will be glad you did.
Friday, August 24, 2012
Boise DUI Attorneys - Criminal Defense Lawyers (208) 472-2383
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.
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.
Friday, August 17, 2012
Boise Criminal Defense Attorneys - (208) 472-2383 Texting While Driving
As of July 1, 2012 it is illegal to text and drive in Idaho. This is a stand alone law meaning that the police can pull you over if they have reasonable suspicion that you are texting while driving. This is unlike the seat belt law in Idaho. In that situation, the police cannot stop you because you aren't wearing a seat belt, rather, if you are stopped for something else and you aren't wearing a seat belt, they can cite you for failure to wear a safety restraint.
This new law is sending a flood of calls to many Boise Criminal Attorneys offices. What does it mean and what are the ramifications of it? Firstly, driving while texting is an infraction. Basically, this means that you will get a ticket if you are operating a motor vehicle and you are reading or writing a text message. It, however, doesn't apply if you are using a speech activated device to create or read a text. To me, as a Boise Criminal Lawyer, this raises a curious question of proof. I personally have a hands free device in my car and with my phone I can speak and the phone will create the text or read me the text. This doesn't mean, however, that I regularly text this way. In fact, I usually use the old fashion method of clumsy thumbs. If a police officer doesn't see me texting, but sees me looking into my lap while I am driving, he or she may pull me over for texting while driving. Is me looking into my lap good enough evidence to prove I was texting while driving? What if the police officer looks at my phone and sees a text sent at 1:02 pm, the exact time he or she pulled me over? Can I tell the officer I sent that text with my hands free device? Will he or she believe me? In my mind, as a Boise Criminal Attorney, the problem with the law as it is is that it doesn't require an underlying infraction to be pulled over for. If it did and I was looking in my lap, then perhaps the police officer could pull me over for inattentive driving.
I think, without a doubt, it is a very good thing to have a law to keep people from texting and driving. It is dangerous and can lead to grave harm. However, as a Boise Criminal Attorney, I feel that the law is ambiguous and poorly written. It leaves open too many possibilities of bad evidence, loopholes and the like.
In addition, the law is not a moving violation. This means that if you are cited for texting while driving, a crime in Idaho, your insurance rates won't be effected by it. Part of the teeth behind the laws in criminal law is to dissuade people from committing crimes. If you sell marijuana or other drugs, you will go to jail. If you drink and drive you will get a DUI. If the legislature really wants to curb texting and driving, shouldn't it carry the threat of increasing your insurance? If you speed and get a ticket, you can be sure your rates will increase.
This is a new law and there are many unknowns yet to be discovered. Next blog I will talk about whether or not you need a search warrant to look at the texts or any other information on your smart phone.
If you have been charged with a crime and you need an experienced Boise Criminal Lawyer, give us a call and see what we can do, (208) 472-2383. We always offer a free consultation. Call us, you will be glad you did.
This new law is sending a flood of calls to many Boise Criminal Attorneys offices. What does it mean and what are the ramifications of it? Firstly, driving while texting is an infraction. Basically, this means that you will get a ticket if you are operating a motor vehicle and you are reading or writing a text message. It, however, doesn't apply if you are using a speech activated device to create or read a text. To me, as a Boise Criminal Lawyer, this raises a curious question of proof. I personally have a hands free device in my car and with my phone I can speak and the phone will create the text or read me the text. This doesn't mean, however, that I regularly text this way. In fact, I usually use the old fashion method of clumsy thumbs. If a police officer doesn't see me texting, but sees me looking into my lap while I am driving, he or she may pull me over for texting while driving. Is me looking into my lap good enough evidence to prove I was texting while driving? What if the police officer looks at my phone and sees a text sent at 1:02 pm, the exact time he or she pulled me over? Can I tell the officer I sent that text with my hands free device? Will he or she believe me? In my mind, as a Boise Criminal Attorney, the problem with the law as it is is that it doesn't require an underlying infraction to be pulled over for. If it did and I was looking in my lap, then perhaps the police officer could pull me over for inattentive driving.
I think, without a doubt, it is a very good thing to have a law to keep people from texting and driving. It is dangerous and can lead to grave harm. However, as a Boise Criminal Attorney, I feel that the law is ambiguous and poorly written. It leaves open too many possibilities of bad evidence, loopholes and the like.
In addition, the law is not a moving violation. This means that if you are cited for texting while driving, a crime in Idaho, your insurance rates won't be effected by it. Part of the teeth behind the laws in criminal law is to dissuade people from committing crimes. If you sell marijuana or other drugs, you will go to jail. If you drink and drive you will get a DUI. If the legislature really wants to curb texting and driving, shouldn't it carry the threat of increasing your insurance? If you speed and get a ticket, you can be sure your rates will increase.
This is a new law and there are many unknowns yet to be discovered. Next blog I will talk about whether or not you need a search warrant to look at the texts or any other information on your smart phone.
If you have been charged with a crime and you need an experienced Boise Criminal Lawyer, give us a call and see what we can do, (208) 472-2383. We always offer a free consultation. Call us, you will be glad you did.
Friday, July 27, 2012
Boise Criminal Defense Attorneys - DUI Lawyers (208) 472-2383 - Does DUI Apply to Riding a Bike Drunk?
As a Boise Criminal Defense Attorney I see a lot of off the wall things. Sometimes they are laws that make a ton of sense but are applied wrong and other times they are down right ridiculous situations. DUI laws are in place to protect us, but sometimes they fall short. Driving Under the Influence refers to operating a motor vehicle under the influence of drugs or alcohol. The key word here is "motor vehicle". I bring this distinction up because on Wednesday, in downtown Boise, there was an accident caused by an individual who was under the influence of alcohol. He ran a red light and crashed into a car. The thing is, he was riding a bicycle. He wasn't charged with DUI. Instead, he was cited for running a red light.
Can You Get a DUI on a Bike?
The man wasn't charged with DUI because the law doesn't apply to bikes. The irony here is that if you are riding a bike when you are drunk you can cause harm to yourself or to others, just like you can if you are driving a vehicle under the influence of drugs or alcohol. A further goofy situation this causes is, what constitutes a motor vehicle? You can be cited for DUI if you are riding a scooter and are drunk, but does that apply to an electric scooter? What if you are riding a bike that has a motor attached? What if you are riding a bike that has a motor attached but you are riding it using the pedals? You can see how the situation quickly becomes ridiculous. The short answer is, no, you cannot get a DUI operating a bicycle when you are drunk.
What Happens if You Cause an Accident Operating a Bicycle Under the Influence?
In true Criminal Lawyer fashion I will say, the answer to this depends upon the situation. If you run a red light and cause an accident, you will be cited with failure to obey a traffic signal. If you are riding your bike drunk in a disorderly fashion you might be charged with disorderly conduct or public drunkenness. If you are drunk on your bike and you crash into the state of Idaho property and cause it harm, you might be charged with destruction of public property - and the list goes on. This isn't fancy criminal attorney foot work, it just is the state of the law in Idaho.
If you have been charged with a DUI or other crime in Idaho and need to speak to a Boise Criminal Defense Attorney or Boise DUI Lawyer, please give us a call, 208-472-2383 - You will be glad you did.
Can You Get a DUI on a Bike?
The man wasn't charged with DUI because the law doesn't apply to bikes. The irony here is that if you are riding a bike when you are drunk you can cause harm to yourself or to others, just like you can if you are driving a vehicle under the influence of drugs or alcohol. A further goofy situation this causes is, what constitutes a motor vehicle? You can be cited for DUI if you are riding a scooter and are drunk, but does that apply to an electric scooter? What if you are riding a bike that has a motor attached? What if you are riding a bike that has a motor attached but you are riding it using the pedals? You can see how the situation quickly becomes ridiculous. The short answer is, no, you cannot get a DUI operating a bicycle when you are drunk.
What Happens if You Cause an Accident Operating a Bicycle Under the Influence?
In true Criminal Lawyer fashion I will say, the answer to this depends upon the situation. If you run a red light and cause an accident, you will be cited with failure to obey a traffic signal. If you are riding your bike drunk in a disorderly fashion you might be charged with disorderly conduct or public drunkenness. If you are drunk on your bike and you crash into the state of Idaho property and cause it harm, you might be charged with destruction of public property - and the list goes on. This isn't fancy criminal attorney foot work, it just is the state of the law in Idaho.
If you have been charged with a DUI or other crime in Idaho and need to speak to a Boise Criminal Defense Attorney or Boise DUI Lawyer, please give us a call, 208-472-2383 - You will be glad you did.
Monday, April 23, 2012
Boise Criminal Lawyers - DUI Attorneys - License Suspension
License Suspension in Idaho
I have often discussed license suspension in my blogs primarily because as a Boise Criminal Lawyer I deal regularly with individuals who have their licenses taken away due to a DUI or a DWP. These are the most frequent causes of suspensions. Another area where I see individuals have their driving privileges taken away for reasons other than DUI and DWP is in the commercial vehicle arena. The Idaho Code outlines several circumstances that result in a minimum of one year license suspensions for carries of commercial licenses.
Commercial Vehicles
Obviously, the Idaho Code includes a license suspension if a driver of a commercial vehicle is convicted of a DUI. However, you will also have it taken away if you leave the scene of an accident, if you commit a felony while operating a vehicle, causing a fatality while operating a commercial vehicle and for refusing to submit to tests to determine your blood alcohol level. In addition, if you are convicted of a DUI, a DWP or any of the other above named situations and you are transporting hazardous materials (which requires a placard), your license will be suspended for a minimum of 3 years. Another interesting situation I have seen as a criminal lawyer is something known as an "imminent hazard disqualification". You may be disqualified from operating a commercial vehicle if the federal motor vehicle carrier administration determines that your driving constitutes a imminently hazardous.
As a Boise Criminal Attorney people often ask me if these are the only situations that result in loss of a commercial license. The answer, however, is no. There are numerous other situation that can be found in the Idaho Code. Also, just a reminder the legal limit for a commercial driver is .04% and anything above that level will result in a DUI. Also, if your commercial license is revoked, any other driver's license you hold, including a Class D license will be suspended. One other reminder, you can be convicted of a DUI without ever taking a drink of alcohol. Having drugs in your system, including marijuana and possibly over the counter medications, will also result in a DUI.
What Can You Do?
What can you do if you find yourself in a situation where you might lose your livelihood if you are convicted a circumstance that might result in the lose of your license? Your best bet is to find a criminal attorney who has the experience to help you. You need to act quickly and you need to make certain no stone is left unturned. If you have found yourself in a situation where you need a Boise Criminal Defense Lawyer, please give us a call at (208) 472-2383 and see what one of our attorneys can do for you.
I have often discussed license suspension in my blogs primarily because as a Boise Criminal Lawyer I deal regularly with individuals who have their licenses taken away due to a DUI or a DWP. These are the most frequent causes of suspensions. Another area where I see individuals have their driving privileges taken away for reasons other than DUI and DWP is in the commercial vehicle arena. The Idaho Code outlines several circumstances that result in a minimum of one year license suspensions for carries of commercial licenses.
Commercial Vehicles
Obviously, the Idaho Code includes a license suspension if a driver of a commercial vehicle is convicted of a DUI. However, you will also have it taken away if you leave the scene of an accident, if you commit a felony while operating a vehicle, causing a fatality while operating a commercial vehicle and for refusing to submit to tests to determine your blood alcohol level. In addition, if you are convicted of a DUI, a DWP or any of the other above named situations and you are transporting hazardous materials (which requires a placard), your license will be suspended for a minimum of 3 years. Another interesting situation I have seen as a criminal lawyer is something known as an "imminent hazard disqualification". You may be disqualified from operating a commercial vehicle if the federal motor vehicle carrier administration determines that your driving constitutes a imminently hazardous.
As a Boise Criminal Attorney people often ask me if these are the only situations that result in loss of a commercial license. The answer, however, is no. There are numerous other situation that can be found in the Idaho Code. Also, just a reminder the legal limit for a commercial driver is .04% and anything above that level will result in a DUI. Also, if your commercial license is revoked, any other driver's license you hold, including a Class D license will be suspended. One other reminder, you can be convicted of a DUI without ever taking a drink of alcohol. Having drugs in your system, including marijuana and possibly over the counter medications, will also result in a DUI.
What Can You Do?
What can you do if you find yourself in a situation where you might lose your livelihood if you are convicted a circumstance that might result in the lose of your license? Your best bet is to find a criminal attorney who has the experience to help you. You need to act quickly and you need to make certain no stone is left unturned. If you have found yourself in a situation where you need a Boise Criminal Defense Lawyer, please give us a call at (208) 472-2383 and see what one of our attorneys can do for you.
Tuesday, January 24, 2012
Boise Criminal Lawyers - 208-472-2383 - Possession, Drug Charges, Synthetic Drugs
As a Boise Criminal Lawyer I am in the curious position of knowing many intimate details about illegal drugs, Details that I would never have the desire nor opportunity to learn about simply because of the fact that I am a criminal attorney. I have learned more about illegal drugs, street drugs and synthetic drugs than I ever did in my 9th grade health class. It is almost mind boggling how many synthetic drugs are on the market and how they are ever changing, primarily to evade the stamp of "illegal".
In October of 2010 Spice, a synthetic drug whose effects mimic marijuana, was outlawed in Idaho. Spice is a highly addictive and dangerous way to get high, and while it is a synthetic cannabinoid, it has a very different and more intense high than marijuana. Outlawing Spice is the legislature's and law enforcement's way of dealing with manufacturers who deal in these illegal drugs as well as retailers and users.
While outlawing Spice has the immediate effect of taking the dangerous drug off the market, it is much like a dog chasing its own tail. As soon as Spice was gone, new synthetic cannabinoids were manufactured and changed just enough to not be "illegal". Alternative "incenses" are sold all over the internet as well as in local headshops. While these incenses are marked, "not for human consumption", everyone who uses the drugs consumes them.
If you are in possession of one of these new synthetic drugs, you are a manufacturer of these drugs or you are a retailer of them, before you know it your legal possession will be challenged. I have already heard from several people who have had the police come into their shops and challenge their stock and it is up to them to prove that it is not Spice.
If you have been charged with possession of drugs and need to speak to an experienced and aggressive Boise Criminal Lawyer, give us a call and see what we can do for you.
In October of 2010 Spice, a synthetic drug whose effects mimic marijuana, was outlawed in Idaho. Spice is a highly addictive and dangerous way to get high, and while it is a synthetic cannabinoid, it has a very different and more intense high than marijuana. Outlawing Spice is the legislature's and law enforcement's way of dealing with manufacturers who deal in these illegal drugs as well as retailers and users.
While outlawing Spice has the immediate effect of taking the dangerous drug off the market, it is much like a dog chasing its own tail. As soon as Spice was gone, new synthetic cannabinoids were manufactured and changed just enough to not be "illegal". Alternative "incenses" are sold all over the internet as well as in local headshops. While these incenses are marked, "not for human consumption", everyone who uses the drugs consumes them.
If you are in possession of one of these new synthetic drugs, you are a manufacturer of these drugs or you are a retailer of them, before you know it your legal possession will be challenged. I have already heard from several people who have had the police come into their shops and challenge their stock and it is up to them to prove that it is not Spice.
If you have been charged with possession of drugs and need to speak to an experienced and aggressive Boise Criminal Lawyer, give us a call and see what we can do for you.
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