Challis Crime

Challis Crime

Crime, law and justice, and police blotter near Challis, ID or anywhere in the US.

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Challis Law

Idaho arrest for DUI
Do I have a choice of taking breathalyzer or blood test?
The officer can choose which test will be performed. After that, the driver can refuse to participate, although that...
Is jail time typically given for a first time misdemeanor?
I was coming home late and had a bad day at school only to be stuck during rush hour at a traffic light that was severely backed up and I was feeling impatient so I pulled into a left turn lane way in advance (about 200 yards before the light because that was how far the traffic was backed up) and I was going about 5 miles over the speed limit of 45 in order to make the turn light which was green at the time when I saw the police officer behind me. After a stern talking to he gave me a misdemeanor for Violating 149-1401 (3) Driving inattentive or careless. This is not only my first crime on record but my first time ever even coming in contact with a law officer. I have no parking, speeding, or any other misdemeanors/felonies. I looked at the code for my state legislature and it really disturbed me that this one stupid mistake might come with a maximum (90) day jail-time sentence. I'm graduating at a local university next semester and this might ruin my chances at a degree, let alone any job I might get after.
Criminal charges carry a range of penalties so that the system can fashion a sentence appropriate for the given case....
Will the judge still suspend my licence for a second dui even after I got it back after 90 days?
I got a second dui in idaho and am awaiting sentencing but paid my reinstatement fee not even thinking I would get my licence back and I did . My attorney says I'm still going to loose it for a year because in idaho it's a mandatory year and there is no way around it. Should we even tell the court that I got my licence back? Am I risking losing it for an additional 9 months or a year flat?
The 90 day suspension is the administrative suspension imposed for failing the blood or breath test. (Second failure...
Dual Penalties for Out-of-State DUI?
I was charged with a DUI in Illinois in October, 2016. I lived in Illinois for a short period of time in 2016-2017. I was convicted, I lost my license for a period, paid my reinstatement fee, and did everything else I was supposed to do in Illinois for my conviction. However, when I was charged, I had an Idaho driver's license. Now, nearly a year later, my license is being revoked by the state of Idaho for a period of 365 days. I again have to pay reinstatement fees, suffer the consequences of being without a license for a year, and go through the process again. Is this customary for out-of-state DUIs? Is there anything I can do to demonstrate that I've already lost my driving privileges for a year? Any advice, even advice that does not answer these specific questions, is much appreciated.
Yes, this is customary. Most of the states are members of the Driver License Compact, which is an interstate compact...
When does the 15 minute observation time begin?
After I was arrested for DUI I was given a breathalyzer test. Before the test I was given the implied consent advisory then told I had to wait for 15 minutes to take the test. Does the observation time include the time it takes to read the implied consent advisory or does the 15 minutes start after being informed of the implied consent?
The fifteen minutes is measured as the time immediately before the test. It really doesn't matter whether you are...
Is the time stamp on a breathalyzer important?
I took a breathalyzer test and the time stamp on the printout was not correct. The officer signed a statement that it was true and correct under penalty of perjury. He also logged in the same time in his log and his report. He either didn't know the time was off or falsified the time. Basically he wrote the time of the test as the time on the printout on all of his reports. He listed the time of arrest incorrect also. The standard operating procedures state that the operator is responsible for maintaining the breathalyzer including setting the time and date .
Maybe, maybe not. Analysis of a DUI requires that you look at ALL the evidence the state has in its possession. There...
What is considered heresy and how can you get evidence admitted in to court?
I was charged with DUI. My breath samples were .173 and five minutes later.154 . There is a difference of.019% in five minutes with my sample decreasing. I learned from reading several articles on the internet that the body metabolizes.016% alcohol per hour. I feel that this information would prove that the breathalyzer wasn't functioning properly. The articles referenced a pharmaceutical book as to how they provided the.016% per hour. Can I get that same book and provide it as evidence? I was told that anything printed off the internet was considered heresy. My doctor also tested me for hyperglycemia and said that I have tested in the range that would be considered hyperglycemia. He wrote this on a prescription page. Is what he wrote admissable evidence or heresy? Thanks for any help
Heresy is a belief or opinion contrary to orthodox religious (especially Christian) doctrine. Hearsay is an out of...