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 texting while driving. Show all posts
Showing posts with label texting while driving. Show all posts
Friday, August 24, 2012
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.
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