Author - Adamin

What To Do If You Have an Out of State License, But Were Charged With a DUI in Nevada

Nevada is a notorious state when it comes to legal DUI penalties and was  the first to implement their so-called Zero Tolerance legislation so the punishment for driving under the influence of alcohol or drugs is getting worse every year. Furthermore, the Nevada DMV (Department of Motor Vehicles) ensures there is proof when the offender’s BAC (Blood Alcohol Content) surpasses the legal 0.8% threshold.

Obviously, if you have a Nevada driver’s license, you will be eligible for the restricted license that will last for thirty more days after the arrest took place. However, do not forget that this scenario does not apply to all cases. For instance, if you refused to submit yourself to a blood alcohol test or perhaps did not want to submit yourself to the breathalyzer, the DMV in Las Vegas will consider it a good enough reason not to provide you with a temporary permit. However, if you willingly submitted yourself to all the tests, the DMV will provide you with a temporary license, even if your BAC surpassed the 0.8% threshold.

But, what about drivers from other states? If you are from out of state, but are currently residing in Nevada, the DMV will refuse to provide you with a temporary permit to begin with. Needless to say, the DMV does not care if you could lose your job without your permit.

Some people got quite creative once the Nevada DMV started to act as the judge, jury, and executioner. People are deciding to move to other states to get their licenses there. But, the Las Vegas DMV went one step further and designed a very special database where they will put your license on hold, regardless of where you get it. This implies that you won’t be able to drive even outside Nevada.

Do not forget that it is critical to win the administrative hearing at the DMV and you will need a genuinely qualified legal defense expert to help you and ensure that you are doing your best to maintain your license.

Discovery In Las Vegas DUI Cases

Despite controversy, the legal system is actually designed to be just and fair and it does show. Judges do not believe it’s fair to let the defendant stand trial even before he or she  learns more about the available evidence. And getting this evidence is known as the process of discovery.

The main goal of the discovery process is to provide the defendant with a chance to discover all the evidence that the court has against him or her. That way, he or she will be able to make an educated decision on whether to accept a plea bargain, or to plead guilty, or perhaps to deny the charges and go to trial to prove his or her innocence.

In order to obtain discovery, the Las Vegas DUI lawyer needs to send a discovery demand to the state attorney. This demand will require all the evidence from the state to be presented within a reasonable amount of time.

O course, the main element of the evidence of the state is the police report. This is basically a written report from the law enforcement officer who arrested you. His or her entire investigation will be there in the report. And most importantly, there will be a reason why the police officer decided to pull you over to begin with. For instance, if the law enforcement officer arrived on scene after an accident took place, it will need to be demonstrated in the report. Furthermore, if the officer pulled you over because of your suspicious driving, this matter will need to appear in the report as well.

Any of the field sobriety tests that you took in the presence of a law enforcement officer will need to be described in great detail to demonstrate if the officer was following protocol in the first place. Moreover, if there was a preliminary alcohol screening, it will need to be described in the report too.

If the police report is missing some crucial information, your legal representative will be able to use that fact to your advantage. After all, the fact that there is some information missing may well indicate that the state does not have any viable evidence against you. And this will help the attorney question the officer about why crucial information was not put into the report and whether the officer followed correct protocols.

It is also extremely important that the evidence includes any breathalyzer test results. The officer will need to get a copy of test results and not merely describe them in his or her report to ensure the officer was adhering to all legal procedures. If there is something wrong with test results or if there is reason to believe that chemical testing was not administered in line with strict legal regulations, this will also help your attorney turn the case in your favor.

As we all live in a time of progressive technologies and different innovative solutions, it is no wonder that body cams and dash cams are becoming more and more popular among law enforcement representatives. At times, the dash cam will begin to record right when the officer initiates the stop and you will need to get your hands on those recordings as part of your discovery. The best thing is that even if law enforcement officers are hesitant to provide you with the records, you can benefit from the Nevada Public Records Act that allows people to gain unrestricted access to any public records out there.

The state is also legally obligated to provide you with any and all evidence that could be used in your favor. Even if the case features evidence that could prove your innocence, the state does not have the right to keep quiet about it. It is against the law to conceal that evidence.

Being charged with a DUI is very serious and could imply unpleasant legal consequences and penalties, so it is very important to get in touch with a qualified criminal attorney, who will know how to address any of the above-mentioned factors to ensure that the evidence will play out in your favor as quickly as possible.

The Las Vegas DUI Specialists

DUI Crimes In Nevada And Most Common Myths About It

Unfortunately, DUI crimes are taking place all too often in Nevada. Furthermore, too many people believe in certain myths, which circulate around and are telling things that are simply not true. Some people even take those myths as invaluable advice that needs to be used and could help them with their DUI issues. Well, some of those myths are genuinely dangerous in that way and people need to understand that in case they will act in line with those misinterpretations and rumors, they may well get themselves into bigger legal trouble. Here are some of the most common DUI related myths in Nevada:

  • First and foremost, your BAC (Blood Alcohol Content) cannot be lowered down with the help of mouthwash or breathe spray. In addition, some of those products actually contain alcohol, albeit in small dosage, but nonetheless. Hence, by using that spray or mouthwash, you risk making matters even worse than they are already. Furthermore, you may look quite suspicious trying to cover your breath, so the law enforcement officers will have even more reasons to detain you for driving under the influence of alcohol.
  • Some people tend to believe that eating or delaying the BAC test will lower the BAC. First of all, eating helps in dealing with the most obvious physical effects of alcohol. Nevertheless, it does not lower the BAC itself in any way. Moreover, delaying the test is also not a very good idea. Well, that is, not unless you are able to delay it for a whole hour or more. Otherwise, your BAC will only increase, slowly and yet gradually and you will surely make all the matters worse by delaying the test.
  • There is also one silly myth, which is claiming that by putting a piece of metal (a penny for instance) in your mouth is going to fool the breathalyzer. Well, it is just a myth and nothing more. The breathalyzer cannot be fooled that way, but in case the law enforcement officer is going to notice that you are trying to perform some suspicious actions, this will make him or her all the more attentive and will give him or her even more reasons to keep an eye on you, believing that you were in fact driving under the influence of alcohol.
  • Some drivers are also led to believe that in case they are going to refuse to submit themselves to the chemical BAC tests, the law enforcement authorities will not be able to arrest them. Well, despite the fact that the police officers have no right to force you to submit to the test, it does not necessarily imply that there are no other ways to prove that you were actually driving under the influence. For example, the law enforcement officer’s testimony – he or she noticed that you could not speak right, you were not walking straight and smelled of alcohol. In the vast majority of cases it is more than enough to book you. Furthermore, in Nevada every single driver is automatically agreeing to submit himself to the BAC tests when he or she receives the license. Hence, if you are going to refuse to submit to the tests, you risk actually losing your license.

One way or the other, you should not rely on those rumors and myths to help you. Even in case you were charged with DUI, the very first thing that you will need to do would be getting in touch with a qualified as well as genuinely experienced criminal defense attorney.

More information about DUI crimes is available at: www.lasvegasduilawyernow.com/

Mandatory Car Towing And Hailey’s Law

las vegas duiDrinking alcohol and then getting behind the wheel is a crazy idea and a genuinely dangerous one as well. Nevertheless, the official statistical data clearly indicates that more and more people these days are disregarding that danger and choose to operate their vehicle while under the influence of alcohol or some drugs. Of course, DUI is illegal in Nevada and prohibited by law, so it is only natural that you are going to be arrested for it. Still, thankfully, not all the accidents are detrimental and if you were arrested for a minor Las Vegas DUI, you are probably going to be released from custody soon. Hence, you will surely want to find out what has happened to your car. Well, the new law requires the towing company to tow the car and to keep it on its parking lot. Let us simply presume that you need to get your car back as soon as possible, so you want to send your sober friend to the parking lot in order to retrieve the towed vehicle. Well, before July 22, 2011 this was very much possible, if the law enforcement officers would find that your friend is sober and capable of driving safely. However, on July 22nd, 2011 some guy was arrested for driving under the influence of alcohol and then released from custody. So he decided to go back to the parking lot, he got his car and produced a severe accident – people died. From there on Hailey’s law was issued. This law is placing any arrested vehicle on the parking lot for 12 hours and there is no way that you could get your car before that.

Despite the fact that such a law may seem to be somewhat controversial, it has a point. After all, 12 hours is plenty of time for a person to sober up. Hence, he or she will be able to pick the vehicle from the parking lot without putting anyone else’s health and well being in danger. Of course, there is the issue of money – every towing company will charge you extra for keeping your vehicle on the parking lot for 12 hours. Still, for starters, you will need to find out where your vehicle is kept to begin with. Well, you can begin by asking the arresting officer. In case that he will not be able to provide you with an adequate answer, you can always contact central police department representatives and they will help you resolve the matter properly.

One way or the other, you need to keep in mind that drinking alcohol and then driving around is a very bad idea – that much is certain. Hence, in case that you are going to be arrested for Las Vegas DUI, getting your vehicle from the parking lot may prove to be the least of your problems – there are plenty of harsh legal penalties that may have a genuinely negative impact on your day to day living indeed. Hence, the first thing that you will need to do in a situation like this would be getting in touch with a qualified as well as genuinely experienced Las Vegas DUI attorney asap.

The Las Vegas DUI Specialists

Vehicular Manslaughter Charges: What To Expect

Needless to say, the vast majority of people these days simply cannot imagine their day to day living without their vehicles. After all, cars are the most essential elements of the modern society as well as its entire infrastructure. We are using cars to get to work, to take our children to school, to transport heavy luggage and so on. Still, sadly, the official statistical data clearly indicates that along with the rising number of cars on the streets and highways of our cities, more and more people are injured or even killed in all sorts of car accidents. Of course, at times, there is no one to blame – bad weather conditions or obstacles on the road led to such tragic outcomes. Nevertheless, in most of the cases, the accident is caused by sheer negligence or inattentiveness of a single driver. Furthermore, statistics show that a lot of people these days are drinking alcohol and driving – the number of DUI accidents is higher than ever these days. Of course, such people need to be held responsible for their actions. Nevertheless, believe it or not, most of such offenders are not as fearful of the court sentence as with the understanding that they will have to live with complete realization of guilt for the rest of their lives.

One way or the other, most of the drivers did not intend to produce such devastating collisions. Some people are very inattentive when they are in a hurry. And life is completely unpredictable, so you will never know what may be waiting for you around the corner. People in hurry are often not even noticing the traffic lights, speeding and changing lanes frantically. In addition, many drivers are suffering from certain medical conditions and these conditions may prove to be deadly when manifesting themselves during driving.

So how about the punishment for vehicular manslaughter? Well, in most cases and in the vast majority of states, the law enforcement authorities are very unforgiving when it comes to vehicular manslaughter. Furthermore, some courts may easily sentence the offender to 15 years in prison and it is a very serious penalty, no matter how you may see it.

Is there a way to deal with those charges properly and to reduce the sentence to a minimal? Well, once again, when it comes to vehicular manslaughter, it will be very difficult to defend yourself in court. However, in case you are hoping to achieve better results and wish to minimize the sentence, it is best not to lose any time and to get in touch with a qualified as well as genuinely experienced criminal defense attorney at the earliest opportunity.

Sure enough, there are many factors that could have distracted the driver and make him or her lose control over the vehicle in the most essential moment. However, it is impossible to find a perfect individual and it is clear that negligent does not necessarily imply that you are a bad person that is worth the punishment. Still, in most of the cases, the judge, the jury and the prosecution will do their very best to make sure that you get the biggest sentence possible. That is, unless you will have a qualified as well as genuinely experienced Las Vegas criminal defense attorney by your side. In that case, the lawyer is going to do his very best to minimize the sentence. He will browse through all the available evidence against you and will examine any other evidence, which could be pointing at another driver. Even if the evidence against you is 100% definitive, the attorney will still struggle to at least minimize some of the penalties.

One way or the other, you will need to find an attorney, who had to deal with cases like yours before and managed to succeed in most of them. You will need to sit down with that lawyer and tell him everything you know about the situation you found yourself in. One thing is certain – you will need to be completely honest with your Las Vegas criminal lawyer in order for him to come up with the proper defense strategy that will not let you down and will take into consideration any and all details. Furthermore, do not forget that timing in such cases is absolutely essential and you will need to take that into consideration as well.

Vehicular manslaughter charges may have a genuinely detrimental impact on your everyday living – they may literally ruin your life and you will not want that for sure. Hence, odds are, you will be interested in finding the best Las Vegas criminal attorney out there to help you get through the whole process with minimal legal damage as well as within the very least amount of time possible. Call our office at (702) 978-6137 or use online contact form to request face-to-face free consultation.

Law Offices of Las Vegas DUI Specialists

Inforgraphic: Drunk Driving Statistics In America

No doubt, no American social gathering or event can start without alcohol. And even though there is nothing wrong with drinking a bottle of beer or two at the party, it is very important to control your actions and not to get behind the wheel while being impaired. Unfortunately, though, more and more people forget about this rule and prefer to drive their vehicles under the influence of alcohol, which leads to genuinely tragic consequences more often than not. Here is some statistical data that will make you think twice next time you will want to drink alcohol and drive home:

Inforgraphic: drunk driving statistics in America

Arguments And Evidence To Present At a Las Vegas DMV Hearing

If you were pulled over and the law enforcement officer has determined beyond any reasonable doubt that you were intoxicated and driving under the influence of alcohol, the very first thing that he or she is going to do is take your driver’s license from you. Of course, you will instead be provided with a temporary permit that will allow you to operate your vehicle for 30 more days, but once this term has passed, your driving license is going to be revoked or suspended. In case you wish to keep your license and you wish to argue with the decision to suspend it, you will have to initiate an administrative DMV hearing within 10 days after your arrest. Should you fail to do so, you will lose your right to restore the license, so it is best to use the possibility as soon as possible.

With that said, despite the fact that the hearing is nothing like the criminal court one, you still have the right to have an attorney to represent your interests. Still, it is important to understand that the criminal court decision will have nothing to do with the Las Vegas DMV hearing ones and you are not going to be facing a judge – you will have to deal with a DMV hearing officer.

During the Las Vegas DMV hearing, the hearing officer is going to base his verdict on the available evidence. It is the job of your legal representative to make sure that he delivers a serious argument against this very evidence.

First of all, the attorney is going to question whether the law enforcement officer had the right to pull you over in the first place. That is right – the police officer only can pull you over if you were breaking any laws – perhaps you were speeding, running a red light or something similar. Otherwise, there is no reason for the police to pull you over and they have no right to arrest you.

In addition, if you are an adult (21 and over), you have the right to refuse to submit yourself to the sobriety or BAC tests. Of course, your refusal will have certain consequences, but you have that right and no one can deny you that. In case the law enforcement officer did not warn you about it, it is also a powerful argument against the entire case at the DMV hearing.

Seeing how during the DMV hearing the fate of your driving privileges is decided, it is important to have a good Las Vegas drunk driving attorney by your side in order to make the most from his skills and expertise and to make sure that your license is restored.