Divorce and Community Property
As a Boise Divorce Attorney I have the honor of outlining and explaining community property law to many clients. One very difficult thing for many people to understand is that community property law in Idaho doesn't necessarily mean equal division of property and debts. Rather, it requires an equitable division.
The scenario where this generally arises is in long term relationships. Often, an individual, usually a woman (I don't say this in any way derogatorily. I mean it statistically because women are generally the ones who give up their careers to stay at home and raise their children), will be offered a settlement agreement by her spouse indicating that the agreement contains an equal split of all the property and the debt and is therefore "fair". Often these settlement agreements will contain a provision for child support and even an equal division of the retirement fund.
Thankfully, many women will call for a free consultation to discuss whether or not this equal division is fair. I say thankfully not because it means more work for Boise Divorce Attorneys, but because, as I indicated above, equal does not mean equitable. If a woman has given up her career or the option of having a career to raise a family, her contribution to the community should not be figured at zero. All too often people think that if they are the ones who went out and supported the community, provided the home and the livelihood for the family, that they are the only ones who provided value to the community. This simply is not true and Idaho community property law recognizes this.
Sadly, however, in order to keep the peace, a spouse will misguidedly accept a settlement agreement that purports to be equal. My advice as an experienced Boise Divorce Attorney is STOP! Don't accept such an agreement. It will leave you struggling to pay your bills during the pendancy of your divorce, it may leave you with inadequate child support and you won't be compensated for the value that you have added to the community. So what can you do?
Community Income During the Divorce
Most judges won't order child support or spousal support while a divorce is actively being pursued. Instead what they will do is issue temporary orders. In these orders, your divorce attorney will ask that the discretionary income of the community be divided equally. How this works is this: You and your spouse will be asked to make an accounting of your regularly occurring bills. Your two incomes will be added up, the bills deducted and anything that remains is considered discretionary and will be split between the parties. What this means for you is that if you make 1/4 of what your spouse does, you will not be left hanging until the divorce is finalized. You will maintain an equal share of the community income.
Child Support and Spousal Support
Your divorce attorney will compute the child support owing and may ask (in appropriate situations) for spousal support. These two sources of monies will begin to be owing upon the finalization of the divorce. Properly computed child support insures that the children are being provided for financially and spousal support financially acknowledges that a spouse who has stayed home with the children.
If you need to discuss divorce or any other family law issue with an Idaho lawyer, please call 208-472-2383 and see what we can do for you.
Friday, October 19, 2012
Friday, October 12, 2012
Boise Bankruptcy Attorney 208-472-2383 Idaho Bankruptcy Lawyers
Bankruptcy: What Not to Do
In my Boise Bankruptcy practice I get several calls per month from people looking to file Bankruptcy. I always offer a free consultation to go over Chapter 7 or Chapter 13 issues with them. Inevitably people want to know what they need to claim and what they don't have to claim in their bankruptcy. The conversation between me and the prospective client generally goes like this:
Prospective Client: "I don't want to lose my house so I won't want to tell the Bankruptcy Court that I own a house or tell my mortgage company that I am filing for Bankruptcy"
Boise Bankruptcy Attorney: "You are required to divulge all your real property and any debt owing on it."
Prospective Client: "I don't want to lose my car so I don't think I will included this in my bankruptcy petition."
Boise Bankruptcy Attorney: "Again, you must include all your debt and property in the bankrutpcy petition."
Prospective Client: "Why, it's my property? I own it."
And so goes the conversation. I always try to explain to these people that I am not trying to mean insisting that they include everything, but that I am trying to make certain their bankruptcy is not denied because the committed fraud upon the court. That's right. The bankruptcy court can deny your petition if you intentionally lie about your assets. While it is your property you have a certain obligation to pay debt owing on outstanding debts.
The bankruptcy court needs to know what assets you have that might be available, after exemptions, to cover some of your secured debt. Bankruptcy is not just a simple way to get out of debt. You are allowed certain exemptions, which your Boise Bankruptcy Attorney can explain to you, to allow you some ability to retain what property you have. However, you are not allowed to hide your debt and property or pick and chose which creditors you will include in your bankruptcy.
Other Things Not to do in Bankruptcy
You should never leave out of your bankruptcy petition any income that you receive. This includes your kid's part time income or income paid in cash. All income of the household must be included no matter how small.
If you own a piece of property outright, you still must include it in the petition. Some people are under the mistaken impression that if they don't have a debt obligation on a piece of property they are not required to list it. That simply is not the case. It is very easy for the bankruptcy trustee to do a search for title. You will be serious straights if you don't include the property or you try to sell it right before you file bankruptcy.
A big no no in bankruptcy is transferring or selling property within 12 months of filing. The bankruptcy court and the trustee will look at these very hard to see if you are trying to commit fraud on the court. An example of this is when you owe a family member money. If you pay them off and then turn around a file for bankruptcy the court will look at this as a fraudulent transaction. Likewise, as mentioned above, if you own a car outright and you transfer title within 12 months of your bankruptcy the court will look at that as you trying to hide your ownership of the vehicle.
A word of advice from a Boise Bankruptcy Lawyer: Don't go it alone. There are so many ins and outs of bankruptcy law that if you don't know what you are doing you can end up getting yourself in trouble. If you need to file for Bankruptcy and you want to speak to a Boise Bankruptcy Lawyer, give us a call, (208) 472-2383 and see what we can do for you.
Friday, October 5, 2012
Boise Probate Attorneys (208) 472-2383 Idaho Estate Planning Lawyers
Tips About Probate and What to do After the Death of a Loved One
As a Boise Probate Attorney I often counsel people about estate planning and probate. One thing I always remind clients about is preparing for their death. I don't do this to be morbid, I mean it in a practical way. When I see people in probate, I am always amazed at the difficulty loved ones have finding the will or getting access to it. People often aren't sure what to do next. Today I am going to give you tips about what to do after a loved one dies. The aim of this list is to help you remember all the things you should do as a family member or personal representative. It is by no means exhaustive but it is a practical list of steps to take.
Notification
Notification tends to be the first step. While it may be an obvious statement you should first notify all family members and close friends. Other people that need to be notified are the social security administration if the deceased person is receiving any benefits, as well as any other government office providing benefits. This could be Medicaid, Medicare or the Veterans' Administration. Additionally, you should notify the deceased employer, bank, landlord and creditors. In general, any one that the decedent has fiduciary, business, religious or personal contact should be notified.
Death Certificate
Creditors will often require that you provide them with a death certificate. These can be obtained by calling the Department of Vital Statistics and paying for certified copies to be sent to you. The certified death certificates operate as proof to the creditors of the decadent's death. You will also need the death certificate to have insurance funds released to you. It is important to remember that while any life insurance is technically outside of probate and the estate, you, or the personal representative may need to the proceeds to pay creditors so it is wise to hold onto the money until the estate has been closed.
Security
Also, remember that deaths are reported in local papers. Anyone preying on this sort of thing has access to the knowledge that the home is now vacant. You should remember to stop mail and newspaper delivery and ensure that the home is secure. In addition, you should notify the utility companies of the death. You may want to keep the electricity as well as the other utilities on but you will most likely need to change the name on the bill. Depending upon the company, they may only require the bill to be changed to "The Estate of John B. Decedent" or "C/O the Estate of John B. Decedent".
Location of the Will
You will need to locate the most recent copy of the will. As a Boise Estate Planning Attorney I always remind my clients not to store their will in a locked safety deposit box. Without the will it can be difficult to have the personal representative identified correctly and letters testamentary created in the name of the representative appointed by the decedent. It is very difficult and often not possible to do anything for the estate without letters testamentary. While some creditors or individuals will deal with a person who identifies themselves as the personal representative without the letters, the majority will not. An example where this happens is the transfer of property. It is important to remember that a power of attorney expires upon death. If you held the power prior to death and dealt with the finances of the decedent, upon their death you will need to replace the power of attorney with the letters testamentary. You will not be able to transfer property without them.
Boise Probate Attorney
While you may not be required to go through probate it is always important to contact a Boise Probate Attorney. These trained professionals can explain to you what further steps you must take. In the administration of an estate, the person who has been appointed personal representative has many duties and obligations. A Probate Lawyer can help you get started on the right foot. The last thing you want to do is to compromise the estate, transfer of property or waste funds intended for beneficiaries.
If you need to speak with a Boise Probate Attorney or an Idaho Estate Planning Attorney, please give us a call, (208) 472-2383 and see what we can do for you.
As a Boise Probate Attorney I often counsel people about estate planning and probate. One thing I always remind clients about is preparing for their death. I don't do this to be morbid, I mean it in a practical way. When I see people in probate, I am always amazed at the difficulty loved ones have finding the will or getting access to it. People often aren't sure what to do next. Today I am going to give you tips about what to do after a loved one dies. The aim of this list is to help you remember all the things you should do as a family member or personal representative. It is by no means exhaustive but it is a practical list of steps to take.
Notification
Notification tends to be the first step. While it may be an obvious statement you should first notify all family members and close friends. Other people that need to be notified are the social security administration if the deceased person is receiving any benefits, as well as any other government office providing benefits. This could be Medicaid, Medicare or the Veterans' Administration. Additionally, you should notify the deceased employer, bank, landlord and creditors. In general, any one that the decedent has fiduciary, business, religious or personal contact should be notified.
Death Certificate
Creditors will often require that you provide them with a death certificate. These can be obtained by calling the Department of Vital Statistics and paying for certified copies to be sent to you. The certified death certificates operate as proof to the creditors of the decadent's death. You will also need the death certificate to have insurance funds released to you. It is important to remember that while any life insurance is technically outside of probate and the estate, you, or the personal representative may need to the proceeds to pay creditors so it is wise to hold onto the money until the estate has been closed.
Security
Also, remember that deaths are reported in local papers. Anyone preying on this sort of thing has access to the knowledge that the home is now vacant. You should remember to stop mail and newspaper delivery and ensure that the home is secure. In addition, you should notify the utility companies of the death. You may want to keep the electricity as well as the other utilities on but you will most likely need to change the name on the bill. Depending upon the company, they may only require the bill to be changed to "The Estate of John B. Decedent" or "C/O the Estate of John B. Decedent".
Location of the Will
You will need to locate the most recent copy of the will. As a Boise Estate Planning Attorney I always remind my clients not to store their will in a locked safety deposit box. Without the will it can be difficult to have the personal representative identified correctly and letters testamentary created in the name of the representative appointed by the decedent. It is very difficult and often not possible to do anything for the estate without letters testamentary. While some creditors or individuals will deal with a person who identifies themselves as the personal representative without the letters, the majority will not. An example where this happens is the transfer of property. It is important to remember that a power of attorney expires upon death. If you held the power prior to death and dealt with the finances of the decedent, upon their death you will need to replace the power of attorney with the letters testamentary. You will not be able to transfer property without them.
Boise Probate Attorney
While you may not be required to go through probate it is always important to contact a Boise Probate Attorney. These trained professionals can explain to you what further steps you must take. In the administration of an estate, the person who has been appointed personal representative has many duties and obligations. A Probate Lawyer can help you get started on the right foot. The last thing you want to do is to compromise the estate, transfer of property or waste funds intended for beneficiaries.
If you need to speak with a Boise Probate Attorney or an Idaho Estate Planning Attorney, please give us a call, (208) 472-2383 and see what we can do for you.
Friday, September 28, 2012
Boise Bankruptcy Attorneys (208) 472-2383
Bankruptcy Relief
As a Boise Bankruptcy Attorney I know that for most people who file for bankruptcy, the initial moment of relief is when the creditors stop calling and harassing them for payments on past due accounts. During my initial consultation, individuals often want to know when creditors have to stop calling and what can be done if they don't.
When Will Collection Efforts Stop?
As soon as they are notified of your bankruptcy, creditors must stop all collection efforts. The bankruptcy court will send out a notice to all the creditors you have listed on your petition (one more reason you want to make certain you have listed everyone). Although the right to have creditors stop harassing you begins immediately upon your filing bankruptcy, it can actually take a couple of weeks for those notices to reach and go through all the proper channels. In the meantime, if you get a call from a creditor you can inform them that you have filed bankruptcy. It is important to notify them of the case number so they know that your claim is legitimate. While it isn't always necessary sometimes it might take a telephone call from your Boise Bankruptcy Lawyer to get them to stop before they have received the actual notice from the Federal Bankruptcy Court.
One important word of caution. If you have been sued and have a pending collections case against you, you should have your Boise Bankruptcy Attorney give the attorney for the creditor a call. This will prevent any action against you from being taken before they receive the notice from the Bankruptcy Court.
What Happens if the Creditor Won't Stop Calling?
If you have filed your bankruptcy petition, notified your creditors and/or your creditors have receive notice of your bankruptcy from the Court, and a creditor is still harassing you, you have legal recourse against them. Your bankruptcy lawyer can file a complaint against them with the bankruptcy court. The malicious creditor can have sanctions placed against them and they may be required to pay your attorneys' fees.
Whether you need to file for Chapter 7 or Chapter 13 Bankruptcy and you want to speak to a Boise Bankruptcy Attorney, give us a call, (208) 472-2383 and see what we can do for you.
As a Boise Bankruptcy Attorney I know that for most people who file for bankruptcy, the initial moment of relief is when the creditors stop calling and harassing them for payments on past due accounts. During my initial consultation, individuals often want to know when creditors have to stop calling and what can be done if they don't.
When Will Collection Efforts Stop?
As soon as they are notified of your bankruptcy, creditors must stop all collection efforts. The bankruptcy court will send out a notice to all the creditors you have listed on your petition (one more reason you want to make certain you have listed everyone). Although the right to have creditors stop harassing you begins immediately upon your filing bankruptcy, it can actually take a couple of weeks for those notices to reach and go through all the proper channels. In the meantime, if you get a call from a creditor you can inform them that you have filed bankruptcy. It is important to notify them of the case number so they know that your claim is legitimate. While it isn't always necessary sometimes it might take a telephone call from your Boise Bankruptcy Lawyer to get them to stop before they have received the actual notice from the Federal Bankruptcy Court.
One important word of caution. If you have been sued and have a pending collections case against you, you should have your Boise Bankruptcy Attorney give the attorney for the creditor a call. This will prevent any action against you from being taken before they receive the notice from the Bankruptcy Court.
What Happens if the Creditor Won't Stop Calling?
If you have filed your bankruptcy petition, notified your creditors and/or your creditors have receive notice of your bankruptcy from the Court, and a creditor is still harassing you, you have legal recourse against them. Your bankruptcy lawyer can file a complaint against them with the bankruptcy court. The malicious creditor can have sanctions placed against them and they may be required to pay your attorneys' fees.
Whether you need to file for Chapter 7 or Chapter 13 Bankruptcy and you want to speak to a Boise Bankruptcy Attorney, give us a call, (208) 472-2383 and see what we can do for you.
Friday, September 21, 2012
Child Support Attorneys Boise (208) 472-2383 Divorce, Family Law, Custody
Child Support FAQs
As a Boise Family Law Attorney I deal with child support very frequently. Although child support is fairly straight forward, there are many questions people have in regard to their rights and obligations. In today's blog I am going to focus on some frequently asked questions in regard to child support.
Where Do You Pay Child Support and How Much Does it Cost?
All child support must be paid through the Department of Health and Welfare. The Department keeps a thorough record of all payments made, amounts owing and arrears. In 2005 Congress passed the Federal Budget Deficit Reduction Act. As part of that Act, Congress ordered every state to pay a $25 fee on every active child support case over $500. In 2007 Child Support Services began passing on that fee to parents owing child support.
Child Support Services sends out a monthly bill which can be used to send your payment in. If you do not wish to receive a bill, you can opt out by calling the Department.
What Happens if I Don't Pay My Child Support?
Child support is established by a court order. Either you were ordered to pay support pursuant to a divorce or a custody proceeding. Your divorce attorney or custody lawyer, or the attorneys on the other side would have filled out a child support worksheet and calculated your obligation based upon the Idaho Child Support Guidelines. Once you have a child support order it is sent to Child Support Services. As noted above, this department keeps a thorough record of your payments. If you fail to pay and are behind $2,000 or the equivalent of three months of child support, Child Support Services can take action.
The first thing they will do is to suspend your driver's license, any Fish and Game licenses you hold as well as any occupational license you have. This can wreck havoc on you and your ability to drive, to work and to recreate and that is exactly why this law is in effect. In order to get your licenses in good standing, you must contact Child Support Services and make financial arrangements to pay the outstanding child support. Once you have committed to a monthly repayment plan you can get your licenses back. If, at any time during the repayment, you fail to make your payments, the department will once again begin the process of suspending your licenses.
The next thing that can be done to you for failing to pay child support is that the department will put a lien on any real property you own in Idaho. This will be done when you are $2,000 or the equivalent of three months of child support behind. Liens are only removed when you have paid your outstanding arrears in full.
What Happens When One Child Turns 18 (or 19) and You Still Owe Support for Younger Children?
If your child support order specifies what is to be done, the department will simply follow the order. However, there are times you may have to notify the department or even have your Boise Divorce Attorney go in and modify the original order.
In Idaho, Child Support can continue until a child is 19 if that child is still in school. Child Support Services will not know that child support should continue if they are not notified that the child is still in school. Likewise, if your child support order does not give a dollar amount to which child support should be reduced once one child is over 18 (or 19) and most likely it won't, you will have to ask the court to modify the original order so that the proper amount is being paid for the children remaining. Your divorce attorney or custody lawyer will know the exact procedure to follow to have the order modified.
If you need to speak to a Boise Divorce Attorney or a Boise Child Support Attorney about child support, custody, modification or any other family law issue, give us a call (208) 472-2383 and see what we can do for you.
As a Boise Family Law Attorney I deal with child support very frequently. Although child support is fairly straight forward, there are many questions people have in regard to their rights and obligations. In today's blog I am going to focus on some frequently asked questions in regard to child support.
Where Do You Pay Child Support and How Much Does it Cost?
All child support must be paid through the Department of Health and Welfare. The Department keeps a thorough record of all payments made, amounts owing and arrears. In 2005 Congress passed the Federal Budget Deficit Reduction Act. As part of that Act, Congress ordered every state to pay a $25 fee on every active child support case over $500. In 2007 Child Support Services began passing on that fee to parents owing child support.
Child Support Services sends out a monthly bill which can be used to send your payment in. If you do not wish to receive a bill, you can opt out by calling the Department.
What Happens if I Don't Pay My Child Support?
Child support is established by a court order. Either you were ordered to pay support pursuant to a divorce or a custody proceeding. Your divorce attorney or custody lawyer, or the attorneys on the other side would have filled out a child support worksheet and calculated your obligation based upon the Idaho Child Support Guidelines. Once you have a child support order it is sent to Child Support Services. As noted above, this department keeps a thorough record of your payments. If you fail to pay and are behind $2,000 or the equivalent of three months of child support, Child Support Services can take action.
The first thing they will do is to suspend your driver's license, any Fish and Game licenses you hold as well as any occupational license you have. This can wreck havoc on you and your ability to drive, to work and to recreate and that is exactly why this law is in effect. In order to get your licenses in good standing, you must contact Child Support Services and make financial arrangements to pay the outstanding child support. Once you have committed to a monthly repayment plan you can get your licenses back. If, at any time during the repayment, you fail to make your payments, the department will once again begin the process of suspending your licenses.
The next thing that can be done to you for failing to pay child support is that the department will put a lien on any real property you own in Idaho. This will be done when you are $2,000 or the equivalent of three months of child support behind. Liens are only removed when you have paid your outstanding arrears in full.
What Happens When One Child Turns 18 (or 19) and You Still Owe Support for Younger Children?
If your child support order specifies what is to be done, the department will simply follow the order. However, there are times you may have to notify the department or even have your Boise Divorce Attorney go in and modify the original order.
In Idaho, Child Support can continue until a child is 19 if that child is still in school. Child Support Services will not know that child support should continue if they are not notified that the child is still in school. Likewise, if your child support order does not give a dollar amount to which child support should be reduced once one child is over 18 (or 19) and most likely it won't, you will have to ask the court to modify the original order so that the proper amount is being paid for the children remaining. Your divorce attorney or custody lawyer will know the exact procedure to follow to have the order modified.
If you need to speak to a Boise Divorce Attorney or a Boise Child Support Attorney about child support, custody, modification or any other family law issue, give us a call (208) 472-2383 and see what we can do for you.
Friday, September 14, 2012
Boise Criminal Defense Attorney (208) 472-2383 Idaho Criminal Lawyers
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.
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.
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.
Subscribe to:
Posts (Atom)