Police: Judge’s Blood Alcohol Content Nearly Three Times Legal Limit

The Twin Falls County magistrate judge pleaded not guilty to excessive DUI in Ada County court.
2012-05-11T02:05:00Z 2012-05-11T09:27:15Z Police: Judge’s Blood Alcohol Content Nearly Three Times Legal LimitBy Alison Gene Smith -alismith@magicvalley.com Twin Falls Times-News

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.

Copyright 2015 Twin Falls Times-News. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

(6) Comments

  1. dpt
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    dpt - December 04, 2012 8:53 pm
    I praise the Lord no one was killed as a result of her ignorance and "lack of judgment" pursuant to Idaho rules. She should not judge, lest she be judged
    --case and point!!!
  2. Rupert's Jen
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    Rupert's Jen - May 23, 2012 8:47 am
    thankyou. it's abouttime the elected officials start paying the consequences for their actions. i just wish more people wouldn't be afraid to speak up. but as alot of us know, most of the time retaliation quickly follows.
  3. 83301
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    83301 - May 21, 2012 11:10 am
    Rupert's Jen: you are absolutely right. I would love to see her pay at least a little bit for her crime
  4. Rupert's Jen
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    Rupert's Jen - May 17, 2012 3:16 am
    well, i have one question. how can she even still be allowed to practice law when she was almost 3 times the legal limit? how is it fair that she is still able to receive a paycheck and still try cases and make rulings that are legal and fair when she cant even just admit to breaking the law herself. which to my understanding, to be in the position she is in, to uphold the law, she was sworn in to tell the truth and uphold the law to be a pillar of the community to the utmost highest standards, she seems to think this doesnt pertain to her almighty. why wasnt she suspended without pay, taken to jail and her vehicle impounded like a regular tax paying citizen? i think nicole cannon should have to to alcohol classes, as that is what she always use to reccommend, some community service, and supervised probation and given regular breathalizer tests and u.a.s but let me guess, this will just disappear. it is all who you know.
  5. Tumbleweed49
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    Tumbleweed49 - May 15, 2012 8:37 am
    Bond is to guarantee that person appears in court for the charge, Bond is not for punishment. She was probably released on some type on own recognizance form to appear at a later date.
    She would have been released to the custody of a sober reliable person. That person would be responsible for her.

    No, she would not have been allowed to just drive away. Article leads you to believe that tho:
  6. gingerman
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    gingerman - May 14, 2012 7:39 am
    ..She was cited and released? Does that mean this extremely inibriated person was put back behind the wheel and allowed to drive away from the scene? you bettr be joking. the arresting officers should be fired. Where is the publics welfarenput firstin this. maybe i need tom makea few phone calls onthis one. a disgrace to say the least.

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