Boise Divorce Attorneys - Custody Lawyers in Idaho - call (208) 472-2383 for your free consultation today.
Boise Divorce Attorneys hear it all the time. Custody Lawyers hear it all the time. We have all heard the story. Our buddy, Joe Q. Public, tells us that his girlfriend, Jane Doe got pregnant, she told him it was his baby, they got married, they got a divorce, they had a custody hearing, she got custody, he got visitation, he was ordered to pay child support, he paid child support for two years, he exercised his visitation for two years and he just came to find out on Facebook that he is not the biological father and she knew it all along.
Should paternity by fraud be a criminal charge in Idaho? The Idaho legislature didn't go as far as to make it criminal but they did enact Idaho Code 32-1009, Paternity Fraud - Child Support Restitution.
Idaho Code 32-1009 says that an Idaho Court can vacate a child support order if a man has been named the biological father of a child and has been ordered to pay child support if he shows (if his custody lawyers show) by clear and convincing evidence (this is a criminal level of proof), that he is not the father and that mother of the child knowingly and intentionally misrepresented that he was the father of the child.
So what does that do for Joe Q. Public? Once he finds out that he is not the father and that the mother perpetrated fraud, he has two years to file a petition to terminate the child support order. In addition, he can request, and an Idaho Court can order, that either the mother, or the real biological father pay him restitution for the amount of child support that he has paid for the child.
Advice from a Boise Divorce Attorney? Be careful what you post on Facebook. It can be and will be used against you in a court of law.
If you need to speak to a Boise Divorce Attorney or an Idaho Custody Lawyer, please call (208) 472-2383.
Showing posts with label Criminal. Show all posts
Showing posts with label Criminal. Show all posts
Thursday, March 10, 2011
Tuesday, March 8, 2011
Boise DUI Lawyers - Idaho Criminal Attorneys - Field Sobriety Tests
Boise DUI Lawyers - Criminal Attorneys in Idaho - DUI, DWP, Criminal Defense, call (208) 472-2383 free consultation.
Boise DUI Lawyers are always asked what the standard field sobriety tests are and if they are valid. The National Highway Traffic Safety Administration (NHTSA) developed three standardized tests to determine if there is probable cause to arrest an individual suspected of DUI. Standardizing the tests ensures consistency.
The three standardized tests are the Horizontal Gaze Nystagmus (HGN), Walk and Turn (WAT) and the One Leg Stand (OLS). These tests are used once an officer has probable cause to pull an individual over on suspicion of DUI. Once pulled over the officer administers the three standardized tests which provide the evidence for probable cause to make a DUI arrest and administer a breathalyzer test.
Boise DUI Lawyers may challenge probable cause for the initial pulling over as well as the probable cause based on the results of the field sobriety tests. Attorneys use challenges to probable cause to exclude evidence. Once the evidence is excluded the prosecuting attorney, the state's lawyer, may or may not have enough evidence to go forward to charge an individual with DUI.
The Horizontal Gaze Nystagmus works on the principle of eye muscle control. An individual who has not been drinking will show rapid eye jerking when the eyes are elevated to the maximum level. An individual who is intoxicated will show these jerking movements at less elevated levels as well as will have difficulty tracking with their eyes.
The Walk and Turn test requires an individual who is suspected of drinking and driving to walk nine steps from heel to toe and turn on one foot. The officer looks for clues as the suspect performs the tests. Such clues are inability to balance while listening to the directions, inability to walk heel to toe, inability to maintain walking in a straight line and failure to turn on one foot on the ninth step. As a Boise DUI lawyer I see people fail this test all the time, but I might suggest that even a non intoxicated individual may have difficulty performing this one.
The One Leg Stand test requires an individual who is suspected of drinking and driving to stand with one foot elevated about 6 inches above the ground and count by thousands for thirty seconds. As the suspect counts, one-thousand one, one-thousand two etc, the officer looks for wobbling, swaying, hopping or putting your foot down. Two or more of these indicators, according to the NHTSA, suggests the individual has an 83% chance of having over a .08 BAC. Again, as a Boise Criminal Lawyer I see individuals charged with DUI failing this test regularly. And, again, I would suggest that most people, especially the older you get, will fail this test.
DUI officers are trained to look at the three tests individually and as a whole. When looking at the results of all three tests they get what is known as a Combined Measures. With this they look at all three tests and evaluate the likelihood that the failures of the individual tests equal a DUI.
So, these are the standardized tests to establish probable cause for arrest on DUI. Are they effective? Can they be challenged?
According to the NHTSA, when comparing percentage of those actually found to have a BAC of greater than the legal limit from 1981 v. 1998, the accuracy of the tests due to training increased substantially. In 1981, when the legal limit for driving under the influence was .1, the accuracy for field sobriety tests were: HGN - 77%, WAT - 8% and the OLS - 65%. The Combined Measures resulted in an 81% accuracy arrest for DUI. In 1998, when the legal limit had been reduced to .08, the results were: HGN - 88%, WAT - 79%, and OLS - 83%. This translates into a Combined Measure accuracy of 91%.
In light of the NHTSA accuracy statistics can a DUI Lawyer still challenge the results. Absolutely. There are many factors which can go into failing a field sobriety test. Some examples of this are medical conditions such as vertigo or eye disease. Medications which have not legally impaired your ability to drive may make your balance on one leg questionable or cause you to have light sensitivity which could effect the HGN. DUI Lawyers will ask an individual charged with driving under the influence if they have any conditions which might impair their ability to take a standardized field sobriety test, but if you are pulled over on the suspicion of DUI and have a condition which might effect you performance, you should always let the officer know.
If you have been charged with DUI in Idaho and need to speak to a Boise DUI Lawyer, please call (208) 472-2383.
Boise DUI Lawyers are always asked what the standard field sobriety tests are and if they are valid. The National Highway Traffic Safety Administration (NHTSA) developed three standardized tests to determine if there is probable cause to arrest an individual suspected of DUI. Standardizing the tests ensures consistency.
The three standardized tests are the Horizontal Gaze Nystagmus (HGN), Walk and Turn (WAT) and the One Leg Stand (OLS). These tests are used once an officer has probable cause to pull an individual over on suspicion of DUI. Once pulled over the officer administers the three standardized tests which provide the evidence for probable cause to make a DUI arrest and administer a breathalyzer test.
Boise DUI Lawyers may challenge probable cause for the initial pulling over as well as the probable cause based on the results of the field sobriety tests. Attorneys use challenges to probable cause to exclude evidence. Once the evidence is excluded the prosecuting attorney, the state's lawyer, may or may not have enough evidence to go forward to charge an individual with DUI.
The Horizontal Gaze Nystagmus works on the principle of eye muscle control. An individual who has not been drinking will show rapid eye jerking when the eyes are elevated to the maximum level. An individual who is intoxicated will show these jerking movements at less elevated levels as well as will have difficulty tracking with their eyes.
The Walk and Turn test requires an individual who is suspected of drinking and driving to walk nine steps from heel to toe and turn on one foot. The officer looks for clues as the suspect performs the tests. Such clues are inability to balance while listening to the directions, inability to walk heel to toe, inability to maintain walking in a straight line and failure to turn on one foot on the ninth step. As a Boise DUI lawyer I see people fail this test all the time, but I might suggest that even a non intoxicated individual may have difficulty performing this one.
The One Leg Stand test requires an individual who is suspected of drinking and driving to stand with one foot elevated about 6 inches above the ground and count by thousands for thirty seconds. As the suspect counts, one-thousand one, one-thousand two etc, the officer looks for wobbling, swaying, hopping or putting your foot down. Two or more of these indicators, according to the NHTSA, suggests the individual has an 83% chance of having over a .08 BAC. Again, as a Boise Criminal Lawyer I see individuals charged with DUI failing this test regularly. And, again, I would suggest that most people, especially the older you get, will fail this test.
DUI officers are trained to look at the three tests individually and as a whole. When looking at the results of all three tests they get what is known as a Combined Measures. With this they look at all three tests and evaluate the likelihood that the failures of the individual tests equal a DUI.
So, these are the standardized tests to establish probable cause for arrest on DUI. Are they effective? Can they be challenged?
According to the NHTSA, when comparing percentage of those actually found to have a BAC of greater than the legal limit from 1981 v. 1998, the accuracy of the tests due to training increased substantially. In 1981, when the legal limit for driving under the influence was .1, the accuracy for field sobriety tests were: HGN - 77%, WAT - 8% and the OLS - 65%. The Combined Measures resulted in an 81% accuracy arrest for DUI. In 1998, when the legal limit had been reduced to .08, the results were: HGN - 88%, WAT - 79%, and OLS - 83%. This translates into a Combined Measure accuracy of 91%.
In light of the NHTSA accuracy statistics can a DUI Lawyer still challenge the results. Absolutely. There are many factors which can go into failing a field sobriety test. Some examples of this are medical conditions such as vertigo or eye disease. Medications which have not legally impaired your ability to drive may make your balance on one leg questionable or cause you to have light sensitivity which could effect the HGN. DUI Lawyers will ask an individual charged with driving under the influence if they have any conditions which might impair their ability to take a standardized field sobriety test, but if you are pulled over on the suspicion of DUI and have a condition which might effect you performance, you should always let the officer know.
If you have been charged with DUI in Idaho and need to speak to a Boise DUI Lawyer, please call (208) 472-2383.
Wednesday, March 2, 2011
Boise DUI Lawyers - Boise Criminal Lawyers - DUI and Criminal Charges in the News
Almost everyday for the last few weeks the local newspaper has reported on a series of DUI or felony charges in Boise. Is there an increase in DUI and felony charges or are they being reported because of their extreme nature or to fill space? Boise DUI Lawyers and Boise Criminal Lawyers see a steady stream of DUI and felony charges in Boise and the reporting in the paper does not necessarily indicate an uptick in the number of DUI and felony charges in Boise.
In yesterday's paper, for example, it was reported that on Sunday a citizen reported that a car had hit a stop sign in Boise. After finding the vehicle police reported that a bag was thrown out of the passenger window. They later recovered the bag which contained a six-pack of beer, but the bottles had all broken. Because the police could not tell how many of the bottles were consumed or open in the car, the passenger with destruction of evidence. The driver was charged with DUI, eluding the police and a felony parole violation.
Boise Criminal Lawyers and Boise DUI Lawyers can tell you that it is often the case that when someone is arrested for DUI or on a criminal charge that they are charged with multiple charges. This sometimes is due to the nature of the crime. Drug possession and paraphernalia, for example often go hand in hand. Sometimes it is the case that the offender has already been in trouble and by participating in criminal activity they are getting themselves in deeper. Sometimes the police will charge both what they see as the actual crime as well as a lessor included crime. This prevents the case from being dismissed if only the lessor crime is charged and not the actual crime.
If you have been charged with a DUI or a crime in Idaho and you need to speak to a Boise DUI Lawyer or a Boise Criminal Lawyer, please call (208) 472-2383
In yesterday's paper, for example, it was reported that on Sunday a citizen reported that a car had hit a stop sign in Boise. After finding the vehicle police reported that a bag was thrown out of the passenger window. They later recovered the bag which contained a six-pack of beer, but the bottles had all broken. Because the police could not tell how many of the bottles were consumed or open in the car, the passenger with destruction of evidence. The driver was charged with DUI, eluding the police and a felony parole violation.
Boise Criminal Lawyers and Boise DUI Lawyers can tell you that it is often the case that when someone is arrested for DUI or on a criminal charge that they are charged with multiple charges. This sometimes is due to the nature of the crime. Drug possession and paraphernalia, for example often go hand in hand. Sometimes it is the case that the offender has already been in trouble and by participating in criminal activity they are getting themselves in deeper. Sometimes the police will charge both what they see as the actual crime as well as a lessor included crime. This prevents the case from being dismissed if only the lessor crime is charged and not the actual crime.
If you have been charged with a DUI or a crime in Idaho and you need to speak to a Boise DUI Lawyer or a Boise Criminal Lawyer, please call (208) 472-2383
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