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Inattentive Driving Idaho Statute 49-1401.3 defines this crime as “…a lesser offense that reckless driving and shall be applicable… where the conduct of the operator has been inattentive, careless or imprudent… rather than heedless or wanton.” Depending on the circumstances observed by the police officer – and often depending on the political climate – you could be charged with either inattentive or reckless driving in similar situations.

Idaho Inattentive Driving Misdemeanor

Inattentive Driving is charged as a misdemeanor and may be punishable by up to ninety (90) days in jail and/or may be fined not more than three hundred dollars ($300). Even with inattentive driving, you could lose your driver’s license if it results in you having too many points over a period of time. Currently, police officers in Idaho are on careful watch for drivers who are texting while driving. They can and will pull you over and ticket you with a misdemeanor for inattentive driving.

When a traffic violation occurs around closing time for bars, police officers often pull drivers over for suspicion of DUI. When the driver doesn’t appear to be under the influence of alcohol, officers often choose to issue an Inattentive Driving Ticket for reckless driving – even if the driver was merely tired or inattentive.

If you have been charged with inattentive or reckless driving, you need to take it seriously. Have an experienced criminal defense lawyer carefully evaluate the evidence and explain your options.

MartensLaw Offices aggressively defends people charged with reckless or inattentive driving and other traffic charges in Boise and the surrounding areas. Attorney Jared B. Martens is well prepared to protect your rights. Contct the firm now to schedule a free initial consultation.

Attorney Jared B. Martens scrutinizes every fact in these cases. He is committed to ensuring that the charges are fairly chosen to reflect the actual behavior of the driver.

Aggressively Defending Clients in Criminal Traffic Cases

A strong criminal defense is based on the details of the case. Attorney Jared Martens is a detail-driven criminal defense attorney. He will carefully review any witness statements and the police reports to understand your driving pattern at the time of the arrest.

Car accidents can happen in blink of an eye – often because one of the drivers was talking on the phone, text messaging, or dealing with a misbehaving child. Often enough, accidents or traffic violations occur simply because the driver was sleepy or his mind wandered. Failing to pay proper attention when driving is not the same reckless driving, and it should not be charged as such.

A specific reason is needed to charge someone with reckless driving as opposed to carelessness. Factors justifying a reckless driving charge include:

  • Driving at a speed likely to endanger people or property
  • Speeding in a school zone
  • Crossing a barrier line indicating a sight-restricted area
  • Dangerously cutting off another driver
  • Evidence of road rage
  • Racing

If you have been charged with reckless driving, Attorney Martens may seek to have your charges reduced to inattentive driving or to have your charges dismissed. If it is in your interest, he is an experienced trial lawyer who can fight for an acquittal in court.

If you were charged with inattentive driving, Mr. Martens can seek a reduction or dismissal of your charges, or he can work to minimize the consequences should you be convicted.

Contact the Firm for a Free Criminal Traffic Defense Consultation

Protect your future and your driver’s license. Contact Martens Law Offices today to schedule a free initial consultation at (208) 344-0994.


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If you have been arrested on criminal charges, or need to arrange to speak with a lawyer as soon as possible, Martens Law offers weekend and evening appointments and free initial consultations. Credit cards accepted. If you would like to speak with Mr. Martens, click below to arrange a free consultation. The firm’s attorney and staff are committed to providing responsive and attentive client service.