State of Idaho v. E.H.

William J. O'Connor

Case Conclusion Date:September 26, 2012

Practice Area:Criminal Defense

Outcome:Order of License Suspension was Vacated. Criminal Case resulted in a plea agreement to Inattentive Driving; no DUI conviction.

Description:E.H. is a semi driver whose trailer was broken and wouldn't be repaired until the next day. E.H. went to the bar across the street from the truck stop and had some drinks. He returned to his truck to sleep and had the engine running, but didn't climb into the back sleeping area. A police officer approached the vehicle and gave E.H. sobriety tests and drew blood to test his BAC. E.H. was subsequently charged with a DUI and faced an Administrative License Suspension for both his CDL and regular driver's license. I presented evidence that the semi was not a motor vehicle within the meaning of Idaho Law because it was not operable; and the burden of proof was on the police officer to prove that it was. As a result, I won the administrative license suspension hearing and negotiated a plea agreement with the prosecutor that E.H. chose to accept instead of going to trial. E.H. was able to keep his driver's license and his career.

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