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.
No other state has harsher driving rules, laws, and regulations than Nevada. After all, it is also an implied consent state. This means that when you acquire your driver’s license, you are basically saying that you will provide the law enforcement officers with chemical specimens to determine if there is alcohol or any illegal substances in your blood. Now, of course, this does not mean that the arresting officers will have the authority to force you into providing them with such a specimen – they will need a special warrant to extract your blood. Still, should you refuse to provide the police with those samples, you may well encounter some serious legal consequences, one being the loss of your driving privileges.
As far as criminal charges are concerned, the collateral consequences may well prove to be a whole lot more devastating. For instance, even basic traffic tickets may cause your insurance premium to reach the sky. As for the DUI offenses, while most people can tolerate expensive fines as well as court supervision, not all of us can handle the loss of driving privileges and all the driving limitations.
With that said, one of the collateral legal consequences of being charged with DUI is the need to handle the administrative DMV hearing. When you are arrested, the arresting officer will confiscate your driver’s license and will instead provide you with a temporary permit, which will allow you to operate your vehicle for 30 more days. However, you will need to initiate the administrative hearing at the Department of Motor Vehicles. This is where the fate of your license will be decided. Whether or not you keep it is completely up to you – the DMV hearing is different from court procedures, but it does have some serious consequences and impactful decisions. If you fail to initiate the administrative DMV hearing within 10 days after the arrest took place, the DMV will automatically apply legal penalties and will take your driver’s license from you. If it was the first failure, you will lose your license for four months. If it is a second failure, expect to lose your license for a year. If you refuse to show at the hearing, you will lose your license for a year for your first refusal. The second and the third refusals will get you two and three years without your license.
Once 30 or 60 days have passed, first time DUI offenders may get limited driving permission. This basically implies that the driver will be able to travel from their home to school or work. It very much depends on what the court decides to be appropriate to visit.
The administrative hearing is pretty challenging to handle – it is different from the criminal court procedures and there is only one DMV officer who plays the role of judge, jury, and prosecution. Furthermore, some of the basic constitutional rights do not apply here and the DMV officer will only need to prove that the arresting law enforcement officer had a reason to ask you for a chemical sample, since you were suspected of driving while intoxicated.
Still, it is not that challenging to win at the administrative DMV hearing – only a single mistake by the officer or a single inconsistency in his or her testimonial will allow you to get away on probation or with minimal legal punishment from the DMV. However, to make the most from the hearing, you will need a skillful, experienced Las Vegas DUI attorney so you can get the best representation quickly. Such an attorney will help you keep your license and will allow you to forget about the worst legal consequences.
Modern society is constantly advancing – new and more sophisticated technologies are appearing on the market every single day. Driverless cars are among the most sophisticated and genuinely effective ones out there. After all, these vehicles may well represent the future and they are now legalized to be tested on US roads.
With that said, the DMV (Department of Motor Vehicles) is also required to pass certain regulations that will ensure the safety of passengers inside the driverless cars. The DMV, however, already missed the deadline that was set up for 2015 and will need to take into consideration a number of problems that are related to driverless cars, such as when they begin to malfunction. And what if such a vehicle is hacked by someone? Who is going to be responsible for an accident involving a driverless car? And will we need a change to our roads? Will we need to create special lanes for driverless cars as well?
Furthermore, the DMV will also need to consider one important issue. Namely, whether it is ok to be in a driverless car if you are under the influence of alcohol? Will it be possible to convict a driver of such a car with a DUI? And would is it ok to consume alcoholic beverages while being a passenger of such a vehicle?
Right now, the law is pretty broad when it comes to criminal offenses while operating a vehicle. Even if the front seat passenger takes the wheel from the driver to avoid collision, while being impaired, he or she may well be convicted for driving under the influence of alcohol or drugs.
There is a possibility that even turning the car on and switching it into operational mode will mean you are controlling the vehicle and so the driver will be charged with driving under the influence. However, the law does need to be improved and altered in many ways to have an actual impact on how driverless cars are operated.
Driverless cars represent the future of our society and regardless of what new laws are going to appear, it is obvious that our roads are going to become a whole lot safer for all drivers soon.
So, go ahead, and discover all the benefits of driverless cars and, who knows, perhaps you’ll drive one in the future. Just don’t forget about new legislation and the effect it can really have on driverless car owners. DUI laws may be altered over time as well.
John Bayer, ESQ
The Las Vegas DUI Specialists
When it comes to driving under the influence, it is 100% apparent that you are clearly endangering your own life as well as the lives of others that are surrounding you on the road. Hence, the law enforcement authorities have managed to come up with yet another instrument, which could really prove to be helpful and actually pretty much invaluable when it comes to DUI.
While the DUI checkpoints can be extremely important, it is about where they are located. According to research studies, nearly 85% of those checkpoints in Chicago are in the locations mostly populated by minorities, despite the simple that most DUI accidents occur in mostly white populated areas.
Some of the white neighborhoods experience DUI accidents all the time – people are injured, damage is done to property and yet the law enforcement authorities rarely seem to care. However, when it comes to a more difficult neighborhood that is predominantly occupied by minorities, the police are setting up dozens of checkpoints that essentially useless, given that DUI rates there are nearly four times lower.
Out of 152 checkpoints in Chicago, 127 were set up in black and Latino areas and only six are located in predominantly white locations. Federal guidelines tell law enforcement authorities to act in line with objective criteria as well as information but, clearly, something went terribly wrong.
People who are protesting against the use of the DUI checkpoints claim that these are ineffective to begin with, and now they have even more up their sleeves. After all, of all the 270, 000 citations that were issued in the DUI checkpoints from the years 2008 to 2013, nearly 95% were minor traffic infractions that had nothing to do with the DUI problem on its own.
While DUI checkpoints can be extremely useful, there needs to be some changes. Regardless of how you may see it, discrimination should stop – the law enforcement authorities should act objectively and without resorting to such things as discrimination. If the DUI accidents are taking place around a white neighborhood, the police need to act accordingly. If a predominantly black or Latino neighborhood does not demonstrate a significant rise in DUI accidents, there is no reason to install so many checkpoints there.
There is no reason for the law enforcement authorities to not be doing their job and there is no reason for us to fight against the DUI checkpoints. We just need some small adjustments and everything will work as it should. It is all about the statistics and what we are going to do about them in order to really change it for the better. DUI checkpoints can be beneficial and effective and you probably want one or two in your neighborhood as well – for the sake of your safety, of course.
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:
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: https://www.lasvegasduilawyer.org/
Drinking 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.
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.
A person, who is willingly getting behind the wheel after getting several drinks is in fact endangering his own life, the lives of his passengers and the lives of people and drivers around them. The official statistical data is somewhat depressing and there is plenty of evidence that points out just how big of a problem Las Vegas DUI is becoming for Nevada.
With that said, the law enforcement authorities are quite unforgiving when it comes to driving under the influence of alcohol. The Nevada DUI laws are becoming more harsh and the penalties more severe. Now, regardless of whether you committed misdemeanor DUI or a felony, you will need to be prepared for some tough legal consequences. These may include expensive fines, obligatory community service, alcohol awareness classes, losing driving privileges, elevated cost of insurance, getting an ignition interlock device installed in your vehicle and even, depending on the circumstances, time behind bars in county jail or state prison.
Still, even though it is disturbing enough that more and more adults are neglecting the laws and are getting behind the wheel drunk, thus causing devastating accidents – more and more young people these days are choosing to disregard common sense and drink a lot of alcohol before going for a ride. This causes plenty of tragic accidents – a lot of people are injured and even killed. In order for you to get a better comprehension of just how detrimental the official statistics of underage DUI really is, here are some facts for your consideration:
DUI is a very serious crime. However, underage DUI charges are all the more serious and could prove to be detrimental for one’s day to day living. An underage individual could be expelled from school or college and will have trouble applying for any other institution. He or she may lose their job and their criminal records will be available for any potential employer to see. Underage drinking is a separate thing on its own and underage individuals are penalized for drinking alcohol before they reach the age of 21. As for underage DUI – California has a Zero Tolerance law. Whereas adults are considered to be driving under the influence of alcohol if their BAC (Blood Alcohol Concentration) equals or surpasses the .08% threshold, the Zero Tolerance law implies that an underage driver is going to be deemed as driving under the influence even if his or her BAC will equal to .01%.
Therefore, for obvious reasons, in case you or maybe your loved ones were charged with underage driving under the influence of alcohol, it is important, crucial even, to get in touch with a qualified as well as genuinely experienced Las Vegas DUI attorney at the earliest opportunity. That is right – only a good attorney will have the skills and the expertise to help you get out from this situation with minimal legal damage. There is a number of possible defense options available at the lawyer’s disposal. Here are some of the most common ones:
Seeing just how detrimental as well as genuinely devastating the underage DUI charges may end up, it is very important for you to find a Las Vegas DUI lawyer, who will not let you down. Of course, the very first thing that you will need to do is to sit down with the attorney for an initial consultation. This consultation is usually free of charge. During this very consultation, you are going to have a possibility to provide the attorney with all the details of your case. It is vital to be completely honest about everything, even if you are ashamed of certain things. You will need to give the lawyer everything you have, so he or she will be able to come up with a solid defense strategy that would involve an effective approach. Needless to say, the attorney will have to be honest with you as well – do not fall for the lawyer, who will assure you that your case can be cracked in no time at all. There are always possibilities and things may really go wrong.
One way or the other, it is better not to drink before driving, especially if you are not yet 21 years old. Keep in mind that you do not want to become a part of the official statistical data indeed.
It is rather difficult to imagine a better way to spend your summer holidays along with all your friends and loved ones. Of course, we are talking about having a picnic outdoors with your family members as well as closest pals. Well, during these events and celebrations even the most cautious drivers out there can lose their balance and drink a little too much. Too much to be getting behind the wheel that is. After all, drinking and driving is one of the worst ideas you could ever have. You are not only going to endanger yourself – you are going to put the lives of your passengers in danger, the lives of people around, other drivers as well as the pedestrians.
With that said, at times, the victims of drunk driving are children passengers, who were taken for the rid with the drunken drivers. The official statistical data is rather grim and indicates that more and more kids these days are being injured or even killed in those accidents. In addition, numerous studies clearly demonstrate that a child is more likely to be suffering from harsher injuries the more alcohol the driver consumed.
The study also shows that California, Nevada and Washington had the lowest rate of children’s death due to the actions of drunk drivers, whereas New Mexico, South Dakota as well as Mississippi had the highest death ration in the country. In addition, in most cases the drivers actually survived the crash and their child passengers could be alive as well if they were buckled down properly. However, the more drunk a person is, the less he is convinced in the fact that the child needs to be buckled in their seat. Alcohol makes such a decision quite an optional one indeed.
Still, the law enforcement authorities are working hard these days in order to promote harsher laws, which would ensure that people would buckle children’s seat belts properly. We are talking about the safety of children, so it is clear that the police are relentless and does its very best to ensure that kids are safe at all times. Furthermore, the new Las Vegas DUI laws are being developed in order to make penalties for driving under the influence all the more severe. It is a natural decision and perhaps this will make any potential Nevada DUI drivers to think twice or even three times before getting behind the wheel while being so intoxicated. At times, it is best to hire a designated driver or perhaps to call a close friend in order to get home safely with your child.
However, driving under the influence of alcohol on your own is never a good idea either. Just think about all the possible penalties you may be charged with. After all, due to a significant rise of Las Vegas DUI accidents on the roads all over the nation, the police are very unforgiving and will do their best to make sure that you are punished properly.
Some of the common Las Vegas DUI penalties include severe fines and fees – thousands upon thousands of dollars from your pocket. You may also be required to perform community services, which basically implies hundreds of hours of unpaid labor. In addition, do not forget that you risk losing your driving privileges for a very long term. Of course, you could fight against such a decision, but it is still very difficult indeed. In addition, depending on the circumstances of the crime, you may be sentenced to spend a lot of time behind bar – either in county jail or state prison.
Therefore, even during a family gathering or a social meeting with your friends, it is important to remember that you also need to drive home and you are therefore prohibited from drinking. In addition, when it comes to your children, you should be making a very rational decision, which is, of course, a whole lot easier said than done when you are drunk, so please do watch out and pay more attention to just how much you are actually drinking.
Finally, in case you or your loved ones were charged with DUI, it is important, crucial even to get in touch with a qualified as well as genuinely experienced legal representative, who had to deal with similar cases before and who will know how to deal with your case as well. Only a good Las Vegas attorney will know how to approach the prosecutor and the judge. Hence, if you do not want to be suffering from the above-mentioned penalties and you would like to really minimize the sentence, feel free to get in touch with a lawyer as soon as possible in order to get better results quicker.
Needless to say, driving under the influence of alcohol or any kind of illegal substances is a crime and one that is punishable through harsh legal penalties. Still, unfortunately, the official statistical data clearly demonstrates a rise in the Las Vegas DUI accidents, especially during the holiday season.
With that said, a lot of people are not even thinking or considering the consequences. And the law enforcement authorities are not very forgiving when it comes to driving under the influence. On the contrary – the punishment for driving while impaired is very severe. First of all, you will need to pay all the fines and they are genuinely expensive – we are talking about thousands and thousands of dollars. In addition, Las Vegas DUI offenders are often obligated to perform community services and you will have to invest hundreds of hours of time into the unpaid labor. Do not forget about alcohol awareness DUI classes and you will have to pay for those on your own as well. DUI offenders may easily lose their driving license and in order to restore those privileges you will need to deal with the DMV (Department of Motor Vehicles). Finally, depending on the severity of the crime and the circumstances around it, you may be sentenced to county jail or state prison.
Still, is the law equal for everyone? Are the law enforcement agents just as likely to get all the above-mentioned legal penalties for driving under the influence of alcohol? For instance, a relatively recent incident on the streets of Los Angeles involved a police officer, who was driving his vehicle under the influence of alcohol and hit three cars, injuring several people and just continued driving ahead. His vehicle was severely damaged and this is why he was spotted by the police officers, who later established that the officer was also driving under the influence of alcohol.
The officer is currently on paid leave and the investigation is ongoing. This raises the question – it the officer going to be punished just like any other DUI offender, without taking into consideration the fact that he is also representing the law. There is a lot of speculation on the matter in the media and some people believe that the officer should be punished even more severely. After all, he is supposed to enforce the law, to give a good example and not disgrace himself and the police department of Las Vegas in such a negative way.
One way or the other, it is very important to know that no single individual can escape justice, no matter how powerful and influential this person may be. The DUI statistics are already saddening as is and there is no need to make matters worse by letting go an officer who created such an accident and who got people injured.
In the end, all things considered, it is very important, crucial even, to understand that driving under the influence of alcohol is never a good idea. You are not only endangering the lives of other people – taking into consideration all the penalties for Las Vegas DUI, the case is going to have a lasting effect on your day to day living.
For instance, if the officer is going to be found guilty of driving under the influence (which is already almost a proven fact by the way) he is going to lose his job and will not have the right to work in law enforcement anymore. This incident is going to cost him his whole career and all because he did not know when to stop drinking and was foolish enough to drive his car while being impaired.
It is a very exemplary case and, sure enough, the media is going to be paying close attention to is in the future. For now, let us hope that other law enforcement officers will not take example from the actions of this officer and will not endanger the lives of others. Driving under the influence of alcohol is one of the worse things a person and especially a police officer could ever do.