Idaho

Boise Police Officer Sentenced in Idaho DUI Case

Officer receives probation after pleading guilty to drunk driving in Boise.

Gary Miller, an officer with the Boise Police Department, had his case of driving under the influence in Boise come to a close last Monday. Miller pleaded guilty to Idaho DUI and the Fourth District Magistrate handed down a sentence of one year probation, 90 days in jail and a $750 fine. 87 days of the jail term were then suspended. The Magistrate also agreed to a withheld judgment, meaning if Miller completes the probation period without incident, the DUI arrest will be taken off his record.

Miller, 38, was off-duty when he was arrested April 26 for drunk driving by an Idaho State Police trooper. His blood-alcohol content was reportedly twice the legal limit. At the time of the arrest, Miller was given a citation but not booked into the Ada County jail. State Police cited general officer safety as the reason for the lack of standard booking procedure.

Miller, a 10 year veteran with the Boise police department, still faces internal sanctions from an internal investigation.

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Legal to Drive w/Marijuana

Marijuana Users Can Drive Legally in Idaho

1/16/2002

Since Idaho law doesn't list marijuana as an illegal narcotic, a federal appeals court ruled that users of the drug can legally drive in the state, the Associated Press reported Jan. 14.

The ruling was made in the case of Matthew Patzer, 21, who was stopped for a broken tailgate light in 1998 and admitted to police he had smoked marijuana at a party. He was later convicted for impaired driving.

Under Idaho law, it is illegal to drive under the influence of alcohol or narcotics.

But the 9th U.S. Circuit Court of Appeals in San Francisco, Calif., ruled that Patzer could not be automatically assumed to be impaired since the law does not list marijuana as a narcotic and Patzer passed two sobriety tests.

As a result of the ruling, Patzer's conviction was overturned. Idaho's Assistant U.S. Attorney Michael J. Fica may request the court to review its decision or ask the U.S. Supreme Court to hear the case.

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Tags: Court Rulings |  Idaho DUI