DUI Withheld Judgment in Idaho

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Latest post 06-08-2009 6:29 PM by JL99. 2 replies.
  • 06-05-2009 5:35 PM

    • JL99
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    • Joined on 06-05-2009
    • ID
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    Question [=?] DUI Withheld Judgment in Idaho

    I received a WHJ for a DUI in Idaho.  My probation period is now over, but I'm not sure what I need to do to have the WHJ dismissed.  Is it just a matter of filing something with the court, and if so what do I file?  Can I take care of this myself, or is it better to have an attorney handle it for me?  Any help is appreciated!

  • 06-05-2009 6:18 PM In reply to

    Re: DUI Withheld Judgment in Idaho

    Idaho Code 19-2604(1) governs this:

    http://www.legislature...

    You have to "have all times complied with the terms of the probation."  A DUI sentence is normally:

    - Fines - proof of payment is of record with the clerk's office

    - Jail - can get proof from the jail, likely.  If no PV was ever filed alleging a failure to perform jail, the judge might not even look into that.  You may need to file an affidavit if the jail won't give you a document.

    - Classes - the facility that did the class should give you a certificate.  Attach a copy to your filing.

    - No new charges.  Might need an affidavit.  ISTARS is the repository for all criminal charges in Idaho - the court records anyway.

    Depending on your judge, the filing can be as informal as a letter filed under your case number, or a document that meets the court rule requirments of filings.  I'd cite the statute and include your supporting documentation.  You want to do this sooner, rather than later, because there's an argument that if you pick up a new charge even after the WHJ period is over, that you cannot receive the benefit of dismissal.

    Note that WHJs are basically dinosaurs now.  2604 was amended recently to allow anybody who was sentenced, with sentence suspended for probation, the same potential dismissal benefit.  In my opinion a WHJ is now a trap that prosecutors like to toss around because if you come back on a PV in a WHJ case, no sentence was ever imposed and the judge can throw the book at you.  If you go the suspended sentence route, the judge has to impose a sentence, and a common DUI-1 would be 180 days jail, suspending 175, but it could be less, like 90 days.  If you roll back on a PV in a case that is sentenced, the judge cannot increase the original sentence.

    It's complicated, but a defenant is normally in a better position to know what his original sentence was if he rolls a PV, because if there is no sentence you can get the max.

    WHJs in felonies are more serious, because you are talking years.  If you have a WHJ on a felony with 10 years possible, you could get 10 years fixed.  If the original sentence was 2 fixed plus 8, that's all you can get.

    And that's more info than you wanted . . .  It's a pet peeve of mine right now.

  • 06-08-2009 6:29 PM In reply to

    • JL99
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    • Joined on 06-05-2009
    • ID
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    Re: DUI Withheld Judgment in Idaho

    Thanks!

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