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  1. #1
    Join Date
    Feb 2011
    Location
    Idaho
    Posts
    1

    Default Wrongfully Accused of Battery While on Probation

    My question involves criminal law for the state of: Idaho

    My friend was charged with DUI a year and a half ago. First offense of any kind. Good person who made a mistake. The conviction was reduced to inattentive driving but she served 5 days in jail and a year probation. Her probation is due to be over in one more month.

    My friend drives a school bus. Last week she had to stop the bus to help a second grade child who was laying on the floor and wouldn't get back up into his seat. He didn't respond at all when she asked him to get up and she used her foot to jiggle the top of his leg to rouse him. He said nothing, got up and sat in his seat. Then he went home and told his parents that the bus driver "kicked him" and it is now possible that there could be a battery charge.

    My questions are: What are the possible repercussions of a charge like this while she is still on probation for the DUI? Does she need to seek legal representation right away before there is even a charge or wait to see if it's just dropped?

    Thanks for any help and advice.

  2. #2
    Join Date
    Sep 2010
    Location
    Oklahoma
    Posts
    695

    Default Re: Wrongfully Accused of Battery While on Probation

    I would advise that the person not make any comments about the situation with anyone. If she is questioned about it, then she can refuse to answer any questions without her attorney present. Really there is no need to get an attorney now. You'll pay a retainer and you're attorney will say "We'll wait and see what happens. Call me if the police try to question you."

  3. #3
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Wrongfully Accused of Battery While on Probation

    It's amazing what you can get away with a retain a CDL in Idaho.

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