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Brandon M.
Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12237
Experience:  Attorney experienced in numerous areas of law.
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Just need a research question answered. Got a ticket (Idaho)

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Just need a research question answered. Got a ticket (Idaho) for "leaving the scene of an accident". Only because it made the papers in another town I found a case where this had been chellenged to the appelate court and they found that this statute only applies if there are two vehicles involved. Mine was a single vehicle accident. So it turned out to be no problem. My question is how could I have found that case independantly? It seems that if you are charged you need to be able to research and find if anybody else has already resoved your situation. Without a case or docket number I have found no way to search by "charge".
Submitted: 1 year ago.
Category: Legal
Expert:  Brandon M. replied 1 year ago.

Brandon M. : Hello there.
Customer: hi
Brandon M. : Hi, thank you for your question.
Customer: was I clear?
Brandon M. : Yes, you were.
Brandon M. : Whenever an appellate court encounters a case of first-impression (when it is presented with a unique set of facts), it designates the case for publication. This means that it becomes a part of the court's case law so that it may be referenced for future interpretations of the same law.
Brandon M. : There are online resources that allow you to search through the court's prior decisions. Popular ones include lexisnexis.com and westlaw.com.
Customer: My point is that if it had neot made the papers I wouldn't have found it.
Brandon M. : Also, the cases can be found in hard copy at any law library.
Brandon M. : Yes, I understand.
Brandon M. : You would have needed to research the case law history of the statute. That could be done through your local law library.
Brandon M. : You can certainly buy the law books yourself, but they cost a small fortune.
Customer: The want a case ir docket numbers. I went our law library at the courthouse. to look in the "digest" the only one thay had was from 1909 to 1931
Customer: What books and are they avoilable for public use?
Brandon M. : That is pitiful. I have never heard of anything so pathetically scarce. In which Idaho county did this occur?
Customer: Lemhi
Brandon M. : Thanks. One moment, please.
Customer: They also wrote me for "failing to report" the only thing that saved me there is that my van was worth less then $1500 and over that amount was required. The thein that seems wrong to me is that I was the only one that sufferd damage. Can I be the perpetrator and the victem?
Customer: The statutes they used were 49-1301 and 49-1305
Brandon M. : Let's address one question at a time so we don't get confused. Going back to the first unanswered question, you asked what books are available, and whether they are available for public use. It does appear that your law library resources are pretty scarce. Coeur d'Alene has a state law library, a decent county law library, and the University of Idaho has a great law library. It could be that you would need to travel that far. But as I mentioned, there are online resources as well. At the very least, a law library should have up-to-date copies of the Idaho Statutes, Annotated and the Pacific Reporter. The Idaho Statutes, Annotated contains the text of every law in the state of Idaho, and summarizes all court decisions relevant to that law. The Pacific Reporter contains the full text of any published court decisions.
Brandon M. : Any state or county law library is open to the public. Also, the law schools make their libraries open to the public as well.
Brandon M. : You asked whether it is possible to be the perpetrator of a crime and the victim as well. The answer is "yes". An example that most people understand is driving under the influence and causing an accident that results in injury to yourself. You could be charged with DUI with bodily injury in that instance.
Customer: hmmm, I saw the books that said "Idaho Statutes" I just thought it was a hard copy of the statutes. You saying that copy also has relevent case history in it?
Brandon M. : Not necessarily. It has to be Idaho Statutes, Annotated. If it isn't annotated, then it is just the text of the statutes, nothing more.
Customer: I'll go check that out, Thanks
Brandon M. : Certainly. I hope that this information was helpful.
Customer: It's a start, thanks. I was getting frustrated. In this day and age information should not be this hard to find.
Brandon M. : That's difficult to disagree with.
Customer: Have a good evening and thanks again
Brandon M. : Frankly, the courts are about 20 years behind the rest of civilization.
Customer: At least
Brandon M. : My pleasure, and please feel free to leave a positive rating once you are completely finished. It does not cost anything extra to do so. Thanks.
Customer: Absolutely, Thanks again
Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12237
Experience: Attorney experienced in numerous areas of law.
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