When an attorney is hired, they are supposed to represent the victim and the defendant in court proceedings.
But many attorneys in Idaho, Georgia, Florida, Michigan and Texas have taken advantage of their offices to file frivolous lawsuits in which the defendant was not the one in custody.
The lawsuits often do not involve serious crimes, but rather trivial violations such as not paying bills.
The Idaho Attorney General’s Office recently filed a lawsuit against a local firm that filed a $10 million lawsuit against the city of Boise, Idaho, claiming the city has no right to enforce its own DUI law.
In the lawsuit, the state’s attorney general said that Boise’s DUI statute, enacted in 2014, does not cover “any offense of reckless driving, including DUI.”
The Idaho attorney general’s office also alleges that the city failed to follow the state attorney general when it enacted its DUI law in 2013.
In its lawsuit, Idaho Attorney Generals Office says that the state failed to adequately notify Boise police of the statute’s existence, fail to inform defendants that their conduct may be criminalized under the law, fail even to inform the defendant of the criminal charge and fail to promptly inform defendants of their right to seek dismissal of the case.
In a press release, the office said the department is also seeking injunctive relief to prevent the city from enforcing its DUI statute against Boise residents who have committed other minor crimes, including marijuana possession.
The Boise City Attorney’s Office said in a statement that the Idaho attorney generals office’s claims are without merit and that the Boise City Department of Justice has reviewed and found that the statute does not violate Boise residents’ civil rights.
The city of Idaho is one of several U.S. states that have recently passed laws banning lawsuits filed by DUI defendants against law enforcement.
In Idaho, lawsuits against law-enforcement agencies are generally filed in courtrooms, and those filed by individuals who have been arrested are often filed in the public record, not the criminal record.
The Attorney General of Idaho, Matt Stahl, said in the statement that Idaho is a “lawless place” where officers are required to obey DUI statutes, but the city is obligated to make arrests and charge people for DUI offenses.
Stahl also said that his office is aware of numerous other cities across the country that have sued over their DUI laws.
He also said the attorney general has reviewed the city’s DUI law and found it “does not comply with Idaho’s laws and does not comply effectively with the requirements of the Idaho Public Defender’s Office.”
The Attorney Generality of Georgia and Florida have also sued cities that enacted DUI laws and have found that they have failed to properly notify defendants of the law’s applicability.