Case Update - Prosecutor Dismisses All Charges

I wanted to update you on a recent Boise County DUI case. 

My client was arrested for DUI after she was stopped by a Boise County Deputy Sheriff on Highway 21.  She was given a breath test at the scene and blew .194/186 and was charged with a DUI.

After she contacted me, I requested and obtained the audio and video recordings for the stop.  Even though the officer claimed he stopped my client because her truck lacked mud flaps and the tires were too big for the vehicle, the video recording revealed that he was too far away from my client's truck at the time he turned on his overhead lights to see those details.  It was obvious had other reasons for stopping her.

His fall back excuse for the stop was that the light above the license plate was out. 

I scheduled a Motion to Suppress.  Before the hearing, the prosecutor made a very unfavorable offer to resolve the case.  My client stuck to her guns, rejected the offer and we went to hearing on the motion.  During the hearing, the officer admitted that he was too far away from the truck to see the tires and mud flaps but claimed the light over the license plate was out and he could see that from very far away.

The problem? Idaho law does not require the license plate to have a light.  The judge quickly picked up on this fact.  After a two-hour hearing, Judge Cockerille suppressed all evidence from the stop.

And the really good news is that, after taking the weekend take a look at his case, the prosecutor dismissed the case and all charges have been dropped.  My client will face no further punishment or prosecution for the DUI charge.