This is part 2 of FACTS OF A DUI COURT CASE IN IDAHO. The accused had to waive his right to speedy trial to give the State time to find the search warrant for the blood draw or go to trial without the evidence needed. As it turns out, in our hypothetical, the accused was not given the required rights and warnings before being offered a blood alcohol concentration test (BAC). He was never offered, nor did he refuse any test. The police policies state that the officer “should” offer a breath test and that the accused should be subject to an involuntary blood draw only after being advised of consequences of refusal (one year license suspension and a $250 fine plus the refusal used in evidence on the DUI), the test having been offered and actually refused. Despite no warning, no offer to take a breath test and no refusal (all shown in the written and recorded materials obtained from the police by these offices), the prosecutor called and told the judge that there had been a refusal and other questionable facts for probable cause. The judge appears to have signed a warrant (received in discovery from the prosecutor, with a wrong date). But, a search for the recording of the “probable cause hearing” with the judge in the early morning hours, which was supposed to be recorded by the judge and transferred to the court, was never provided by the prosecutor, despite 4 conferences with the judge and 2 court orders to produce. These offices searched the court records, reviewed all possible such recordings and confirmed that the court never received the recording. Meanwhile, the prosecutor simply told us that we could look for ourselves. This is in front of the judge on a motion to dismiss the case and for sanctions against the police and the state, including attorney fees.
This will be further supplemented for your interest as it moves forward. The purpose is to show you what a real DUI case can look like and how you need a good lawyer to represent you in what can be a life-changing experience.
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