Drunken Driving Conviction Upheld

Minor mistakes in the legal process, such as listing the wrong highway on a citation for drunken driving, are not enough to overturn the conviction, the Court of Appeals says.

The court on Wednesday sustained the drunken driving conviction of Erma D. Hanson in a Kootenai County case.

Hanson’s appeal argued that the citation issued by an officer said the offense occurred on State Highway 97 near Lake Coeur d’Alene but the document presented to the jury listed it as State Highway 95.

The court, in an opinion authored by Chief Judge Karen Lansing, said Idaho criminal rules hold that any error, defect, irregularity or variance which does not affect substantial rights is to be disregarded.

The statute under which Hanson was charged makes it unlawful for anyone who is under the influence of alcohol to drive or be in physical control of a vehicle, on a highway, bridge or public or private property open to the public.

“The name of the highway upon which Hanson drove is not an essential part of the crime and need not be proven by the prosecution,” the court said. “All that need be demonstrated by the prosecution with regard to this element is that the offense occurred upon a highway of this state.”