BOISE • Boise police say Twin Falls County Magistrate Judge Nicole Cannon had a blood alcohol content nearly three times the legal limit for a driver when she was cited for driving under the influence on April 19.
Cannon, 42, was offered and took breath tests, which showed results of .239 on the first test and .221 on the second. The legal limit to drive in Idaho is .08. According to a Boise police report, she was cited for excessive driving under the influence and released.
An officer noticed the passenger-side tires of Cannon’s 2007 Nissan Altima cross over the fog line twice by more than two feet each time as it traveled westbound on Interstate 184 near the Chinden Boulevard exit, according to the police report.
Cannon was stopped near the Double Tree Hotel Riverside at 2900 W. Chinden Blvd. after taking the Chinden exit.
“Cannon admitted to consuming ‘some’ beer and two cokes while in the downtown area tonight,” the report states.
Before taking the breath test, Cannon was given and failed three sobriety tests, according to the report.
A misdemeanor excessive DUI case was filed in Ada County 4th District Court on April 24. Cannon has pleaded not guilty and awaits a scheduled June 29 trial.
Online court records show eight instances of a judge disqualifying himself or herself from hearing Cannon’s case on May 7. A judge can choose to seek disqualification if he or she knows the defendant.
Cannon, a former Minidoka County prosecutor, became the second female judge in the history of Idaho’s 5th Judicial District when she was picked for the job in January 2011.
Cannon will not hear DUI cases while her own case is pending, and some changes have been made to her court calendar. No other steps regarding her judgeship have been taken and she will continue to hear cases, said Linda Wright, the trial court administrator for the 5th Judicial District.
Wright said she does not know what would happen if Cannon is convicted.
The maximum punishment for excessive DUI is one year in jail, a $2,000 fine and a minimum one-year driver’s license suspension.