DWP and Notice of License Suspension
I mentioned in last week's blog that as a Boise Criminal Defense Attorney one of the most common questions I get has to do with DWP and license suspension. In today's legal analysis I will discuss how you get notice of your suspended license and what happens if you don't get it or you disregard it.
Very frequently people will call my office and say that they were pulled over for some reason or another only to find out that they were driving without privileges and they had no idea that their license was suspended. The usual question to criminal attorneys is, "Can I be guilty if I never had notice of the suspension?" The answer to this is yes.
Upon hearing this answer from a Boise Criminal Attorney, people often cry, "Unfair!" We have all heard that ignorance of the law is no excuse and that is applicable here. The Idaho Code says that you are presumed to have notice of a suspended license if, you have actual knowledge, you have received oral or written notice by qualified personnel, if the notice was mailed to your home or a reasonable person would have knowledge that their license is suspended.
Actual Notice
The two situations I want to discuss here are the last two. Recently, I had an individual call my office. She was very unhappy because she had been pulled over for a traffic infraction. It was then that she discovered that she was driving without privileges. She said that she had moved and had forwarded her mail. For all intents and purposes, she appears to have done everything right, right? Wrong.
When the Idaho Code talks about notice going to your home, it means the address on file at the Department of Motor Vehicles. If you move and forward your mail without changing your address at the DMV you are potentially setting yourself up, not only to be cited with a criminal charge, but you are taking the chance that you will get a DWP because you didn't get actual notice of the underlying suspension. In fact, in Idaho, you have 30 days to notify the DMV of your new address and if you don't you can be cited for failing to do so.
The individual I spoke of felt she was justified because she had notified the US Postal Service of her change of address. Even if she didn't notify the DMV the notice should have been forwarded to her and she never got it. You can forward your mail for up to 1 year. However, after 6 months, you have to request a continuance. But all this is an academic point because she never notified the DMV of her change of address.
Is there anyway to get passed the "I didn't receive notice"? Most likely not. The fourth presumption of notice I mentioned above says that a reasonable person would have known their license was suspended. This is a legal catch all. Unless you can show that your notice was not actually mailed to your accurate address on file with the DMV and that there was no way that you had or should have had knowledge of the suspension, you will be presumed to have notice. This leads you to have to deal with the underlying suspension and avoiding that slippery slope of DWP that criminal attorneys are always talking about.
If you have been charged with a DWP, DUI or any other crime in Idaho and you need to speak to a Boise Criminal Lawyer, give us a call, (208) 472-2383 and see what we can do for you. You will be glad you did.
Showing posts with label license suspension. Show all posts
Showing posts with label license suspension. Show all posts
Friday, September 14, 2012
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.
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.
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