Dealing with Frivolous Litigations in Court

Frivolous litigations come in all shapes and sizes, but one thing is for sure: they are a complete waste of time on the court and other parties related to them. Unfortunately, they are inevitable, especially because many of these frivolous lawsuits are either filed in ignorance or due to malice. Courts can’t prevent them from being filed; they have to start proceedings first before the case can be thrown out, wasting precious time and resources.

Nonetheless, the justice system has its own methods of discouraging and dealing with people who continue to file these kinds of lawsuits. Listed below are some methods used for dealing with frivolous litigations in court.

Monetary Reparations

Time in the court room isn’t free. A lot of money needs to be spent for every hearing, from courtroom maintenance costs to staff wages. As such, you can’t expect the court to let a facetious suit waste time and resources without any consequences.

One of the common steps taken after dismissing a frivolous case is to require the offending party to pay for the court and lawyer fees of all parties involved. In the Supreme Court and Courts of Appeals, they even require the litigant to pay damages incurred by the other party caused by the lawsuit. Note however that the amount payable is reliant on what the court mandates the litigant to pay, proportional to the amount of damage the court believes was inflicted on the other party.

Dealing with the Counsel

Lawyers who represent litigants who file absurd claims in court are not exempt from any repercussions brought about by their case. Individual attorneys may be required to pay a part or entirety of the legal fees incurred during the duration of the hearing. They may even be sanctioned with fines in some instances.

Often, but not always, the lawyer’s law firm (if he is part of one) can also be slapped with a penalty for being a party to the frivolous lawsuit. Often this includes the firm paying all damages and fees. In other jurisdictions, they may face additional penalties as the court sees fit.

Holding in Contempt

Sometimes the litigant and/or their counsel go above and beyond with their facetious legal claims. They’re not only pursuing their current course of action out of ignorance or good faith, but out of a genuine aim to ruin another, or the court system itself. In other cases, the litigant just cannot be swayed away from their false or misinformed legal beliefs.

In such cases, the court has the authority to hold the litigant, their legal representative, or both, in contempt of court. Penalties often include the outright ban on filing lawsuits for the foreseeable future (even if said future lawsuit has strong legal merit) and a hefty fine. In extreme cases (mostly criminal ones and not civil ones), the litigant can face jail time if they are found to be in contempt of court.

Frivolous charges equate to severe penalties for the litigant with far-reaching consequences in the future. If you end up being on the receiving end of one such charge in the future, always have a competent criminal defense lawyer to have your back.

How the Involuntary Dismissal Process Works

When a criminal trial is not proceeding properly–either due to a lack of energy from the prosecution or because one of the parties is not acting appropriately–the court can use its authority to throw out the case via an involuntary dismissal. An involuntary dismissal is the termination of court proceedings for a charge, mostly due to the reasons listed above. With the dismissal in place, the case cannot be heard for a period of time, or until the presiding judge allows it again.

The steps to get an involuntary dismissal for your criminal charge in Las Vegas are pretty straightforward. Let’s look at how the involuntary dismissal process works.

Filing the Motion

The motion for involuntary dismissal of a case usually rests in the defense. They can file a motion for dismissal with the court at any point during the hearings, provided:

• they can prove that the plaintiff is showing little or no interest to pursue the case
• they have grounds to show that the other party is violating a court order related to the proceedings of the case
• the defense is filed in accordance with the Federal Rules of Civil Procedure, whenever it applies to the case

Note that there may be some time before the motion is passed and the involuntary dismissal is put into effect.

The Judge’s Alternative

In the event that the case is not proceeding forward but the defense is not taking steps to file a motion for dismissal, the court itself can issue the order for involuntary dismissal and immediately throw the case out of the court. While generally applied when the plaintiff fails to proceed with the case, the court can also mandate the involuntary dismissal to punish either party if they fail to adhere to court procedure. For example, the court can put the involuntary dismissal into effect if the plaintiff failed to answer summons to appear in court repetitively.

What Comes After

As stated in Federal rules, the case is barred from being heard in court as soon as the involuntary dismissal comes into effect. In addition, the plaintiff is barred from filing a motion to block its passing if they object to it. The ruling remains in effect until the courts find it fit to lift the involuntary dismissal.

On top of barring the case from being heard for an indefinite period, the judge has the prerogative to include other clauses to the dismissal as they fit, as punishment for the offending party’s failure to comply to court rulings. These additional penalties may include:

• Holding the offending party in contempt of court
• Imposing a fine on the offending party (may include court fees)
• Requiring the plaintiff to pay damage and/or double the legal cost incurred by the defendant
• Other penalties that the court sees fit, including State-exclusive punishments

Note that these penalties may be handed down on the client, the client’s lawyer, or both, depending on the circumstances of the case.

The process of gaining an involuntary dismissal can be deceptively simple from the onset, but it has a significant impact on the defendant’s situation in the long run. Nonetheless, it is not an end-all-be-all approach to getting a dismissal for your charges. In the end, nothing beats seeking out the help of a trusted Las Vegas criminal defense lawyer to represent your interests in court.

What Happens to Medical Workers Convicted of DUI in Las Vegas?

Driving under the influence in Las Vegas encompasses a wide spectrum of the city’s demographic. Many different types of people end up getting caught in a DUI traffic stop, from average blue-collar workers to high-profile executives and celebrities. Uniquely, medical workers take a disproportionate share of professionals booked for drunk driving.

DUI for medical professionals in Las Vegas is surprisingly complex, and the whole ordeal doesn’t end when one is convicted. What exactly happens when a medical professional is convicted of DUI in Las Vegas?

Reporting to the Authorities

The Nevada Board of Medical Examiners is the highest state authority when it comes to licensing medical professionals. Apart from licensing authority, the Board also lays out strict rules when it comes to disciplinary actions for its members. One such measure is the act of self-reporting.

Medical professionals convicted or certain crimes–in this case, DUI–are required to self-report their case with the board between 15 and 30 days since the verdict was handed down. The time limit is needed so that the professional can promptly report his or her circumstances without delay. Doing so would put equate to even worse penalties for the individual in question.

Discussion Phase

Once the report has been received by the board, they will set a date when they will meet the DUI-convicted medical professional for a disciplinary hearing. The disciplinary hearing will consider the circumstances of the case and how the verdict affects the professional’s future in his chosen career. These deliberations aim to:

• Determine the circumstances of the DUI case that the medical professional is involved in
• Hear the full details of the verdict and penalties handed down by the court
• Consider whether or not the verdict has an adverse effect on the medical professional’s career

What Comes After

The main consequences of the disciplinary deliberations come later after the board has considered all the information provided to them. For more simple circumstances like a first DUI charge or something similar, the Board may send a reprimand to the individual in question and nothing else. The worst penalties for lighter offenses may include a brief period of probation, as well.

More severe convictions like felony DUI or DUI with injury and death equate to harsher penalties. The professional will receive a ‘letter of concern’ regarding his or her conduct (it stays on his professional file even when he is no longer practicing in the state), he or she must enroll in a recovery program, and in many cases, he or she can lose his or her license without the chance to renew it. These consequences have a serious long-term effect, especially if the medical worker has his or her own private practice.

If you are a medical professional facing a possible DUI conviction in Las Vegas, remember that you don’t need to deal with the more severe penalties that come with your licensed work. Seek out the help of a veteran criminal defense lawyer to defend you against a serious drunk driving charge in Las Vegas.

How the Pandemic Affected Las Vegas Criminal Court Operations

The COVID-19 pandemic came as a shock to many people across the country. Apart from the general negative economic and societal impact, the pandemic also disrupted the normal operations of many professionals in various disciplines. The Las Vegas criminal courts, in particular, were conversely affected.

With the lockdown measures implemented, criminal defense lawyers, judges, concerned parties and witness could not convene. Thankfully, things have calmed down in recent weeks thanks to more stringent health measures, and in-court hearings are coming back, albeit in a smaller scale. Let’s look back at how the pandemic affected Las Vegas court operations over the past year.

Falling Back on Old Measures

People need to remember that major medical emergencies are nothing new to the country. In the past twenty years, the country had to deal with SARS, the avian flu, and the swine flu. While the scale of their effects weren’t as big as the current pandemic, they did pose enough of a threat to the well-being of everyone involved in a court hearing.

For those previous medical emergencies, courts were instructed to implement quarantine and quick response measures to prevent the spread of infection during normal operating hours. A roughly similar response was applied to the current pandemic, including limiting the number of people going to courtrooms, thorough sanitation handling for people and locations alike, and outright closures in the event of a major breakout. The extended closure of courts, however, was a response that was almost completely unique to the current situation.

Harnessing Technology

Much has changed between the SARS outbreak at the start of the 21st century and the current medical emergency. In the intervening years, technology has evolved that allow for better and more reliable forms of instant communication. Whereas in the early days, jurisdictions may have to rely on phone calls and email when a physical hearing cannot push through, today new channels of communication are available to make the process smoother.

Updated versions of communication apps like Skype, and modern conferencing software like Zoom, have made it easier for judges, lawyers, and concerned parties to conduct court business remotely. These apps provide a variety of options for individuals to connect and communicate, and can also provide options for increased security when needed. These remote hearings allowed many cases to be heard and decided upon without anybody worrying about infection problems.

Prioritizing Hearings

The unavailability of physical courtrooms and the rise of virtual ones also gave rise to a new challenge to deal with: how to handle the different types of hearings in the court backlog. Some instances are easier to handle than others (for example, a first appearance hearing or a restraining order hearing). Complex cases like grand jury trials would be difficult to transition to a virtual court, even with the current technology.

As such, Las Vegas courts had to resort to categorizing the various cases they have on file, putting hearings that can be digitized in one file and separating them from more complex hearings. In some cases during the earlier days of the pandemic, this meant that some hearings had to be postponed indefinitely as priority was given to complex cases, and vice versa. In recent weeks, low-priority hearings remain on the digital sphere, while higher-level hearings have returned to the courtroom, albeit with only essential people attending to keep everyone safe.

The pandemic offered many challenges to the Las Vegas court system related to how it can conduct its business effectively even during a major medical emergency. Let it be a lesson to help courts be even more prepared in the event that a national crisis appears and disrupts the routine.

Defending Against a Restraining Order in Las Vegas

In Las Vegas, people can file for a restraining order to protect themselves from other people that they perceive to be intruding on them, or may pose a significant personal risk. Restraining orders can be filed for a variety of reasons, from simply protecting a person’s privacy and personal space, to ensuring the safety of the person filing for the restraining order, as well as that of their immediate family. Restraining orders start off as temporary, before plaintiffs can appeal to have it extended for a period.

Receiving a restraining order has adverse effects on a person. It can affect how people outside the case could perceive the target of the order, and can cast a shadow on his or her future. In other instances, a restraining order is only filed to act as legal leverage against another. In instances where you are facing an alleged wrongful restraining order in Las Vegas, you will need to know how to defend yourself.

Initial Responses

You will not know beforehand that a restraining order has been placed against you until you are handed a copy of the court document, usually delivered by a court official or the plaintiff’s legal representative. The order not only lists the circumstances that brought it about, but also explains how long the order is in effect and how far apart the two parties should be from each other. Other case-specific details may be added as well, such as specific locations where the order is in effect, for example.

The first thing that you must do is to comply with whatever the order requires you to do. This may include turning in all your registered firearms to the authorities and forbidding yourself from getting in touch with the plaintiff (for example, if you want to get an explanation for the order) or any other person listed to be under protection of the order. Attempting to question the order without going through the proper legal channels or refusing to comply with the order can adversely affect any attempts to refute it later in court. Remember that the first restraining order only covers a brief period, so letting it take its course would be easier later on.

Review with a Professional

Throughout the period that the temporary restraining order is in effect, you should take the chance to review the circumstances surrounding your case. Look back on your previous interactions with the plaintiff and compare it to the circumstances listed in the order. You can find points to refute that you can use in a later hearing.

Note that the help of a veteran defense lawyer with experience in dealing with restraining orders in Las Vegas works here. They can review the legal merits of the order and find more comprehensive points to use against them. You must always communicate with your lawyer, and provide them all relevant information that can be used to strengthen your case.

The Protective Order Hearing

After the mandatory period for the temporary restraining order is over, both parties must appear in court for a protective order hearing. This hearing will determine if the case has enough merit for the court to provide an extended order of protection for the plaintiff. Note however that it is not a criminal proceeding and is more of a consultative meeting to determine the merits of both sides.

You can choose to present the story in your own way, but it is highly recommended that you let your defense lawyer arrange your statement for you. They can frame your statement in a way that can better refute the other party’s claims more effectively, put up witnesses that can corroborate your case, or cross-examine the plaintiff effectively. This works best if you and your lawyer had constant communication regarding pointers in the case prior to the hearing.

Receiving a restraining order can be a daunting experience, but you can always bounce easily and effectively with professional help. Always consult a trusted defense lawyer with extensive experience in restraining orders so you can get the most out of your case.

Three Things Your Las Vegas DUI Attorney Cannot Do for You

In any DUI case in Las Vegas, you can expect a veteran DUI lawyer in Las Vegas to utilize their expertise and experience to get you an acquittal. Many of the most trusted drunk driving attorneys in the city have experience with dealing with tough prosecutors, are well-informed of deadlines regarding document filings, and can negotiate for plea bargains when needed. Many locals have avoided long prison sentences and exorbitant monetary penalties thanks to DUI lawyers.

However, DUI lawyers aren’t infallible; they all have their own shortcomings that keep them from being perfect in all the hearings they attend to. Even if they specialize in doing things that defendants cannot do, there are just some things that are beyond their control. Let’s look at three things your Las Vegas DUI attorney cannot do for you.

No Bending of the Law

Some people who face DUI cases often approach a lawyer under the assumption that they can always find legal loopholes. They believe that their prospective lawyer can run circles around the Las Vegas DUI law to ensure a dismissal or an acquittal. This belief is possibly fueled by what they see in popular media.

While it is true that lawyers can seek out loopholes that can help their client’s case, they are more dependent on the realities of the crime rather than the law itself. Lawyers cannot bend the law to make things convenient for their client’s case. Instead, they can review the situation from both points of view and find inconsistencies that can help weaken the prosecution’s charges.

No Assured Outcomes

Many DUI lawyers in the city have earned a reputation for the high rate of dismissals or acquittals that they have won for clients in the past. As such, people facing tough charges come to these attorneys expecting that their cases will vanish without consequences after they are hired. They are betting on the prospective defense attorney’s reputation, after all.

However, people facing charges should not expect that the outcomes of their cases are in the bag. Just because they have the most reliable lawyer representing them doesn’t mean that an acquittal is assured. Other circumstances like overlooked evidence, critical backstories regarding the involved parties, or past criminal history may reduce the defendant’s chances. Many items can turn a DUI hearing around even when it seems like the defense is on the way to winning.

No Removal of Past Convictions

People with a past conviction for DUI can request to have their records sealed in Las Vegas after a period of time. The motion lets them regain a chance at seeking employment, re-obtaining a license, and doing other legal things that a standing conviction in their legal records could prevent. Unfortunately, sealed convictions still affect any new DUI charges that you have to face.

Las Vegas law allows people to expunge convictions to let them do things from their lives before the charge. However, if the person commits a repeat offense, the courts will take their previous convictions into account even if they are already sealed. Your DUI lawyer cannot do anything about this; if you fail to win your current case, you can expect heavier penalties than what first-time offenders would receive. You will have to hope that whatever evidence you have on-hand is enough to secure a not-guilty verdict.

DUI lawyers in Las Vegas are known for their skill and reliability, with many acquittals under their belt. However, they are professional defenders and not miracle workers, so a defendant should not expect them to accomplish the impossible with relations to their case. The best thing a client can do is work closely with their attorney to ensure that they can see the case through.

Five Signs that You are at Risk of a DUI Charge in Las Vegas

Drunk driving cases are a fairly common sight in Las Vegas. It’s understandable, considering it’s a big city with a large selection of establishments offering alcohol, and an equally large population of citizens that own vehicles, it’s statistically expected that at least one of these people will be booked for driving while inebriated. Things might be closer to home if you happen to be in the latter category.

There are some things that you yourself may not see unless pointed out by other people; in this case, you might not know that you are actually driving under the influence. If you’re not ready to get dealt with possible jail time and high fees, you have to be informed about possible signs. Here are five signs that you are at risk of a DUI charge in Las Vegas.

Speed Limits

One of the common beliefs people have about drunk drivers is that they have an uninhibited tendency to go beyond maximum speed limits imposed on the road. Indeed, many DUI cases that get highlighted on the news involve the perpetrator going three or four times the maximum speed limit, and end up hurting themselves and other people, or at least causing a high level of damage to public and private property. However, the opposite is often also true: a person driving under the influence may have the tendency to drive way below the maximum speed limit, and even below the minimum speed. If you people point out that you have episodes where you are driving slower than normal, you have to get yourself checked.

Excessive Braking

Have you found yourself using the brake pedal more often lately? If you have, you might want to do a double-check; you might already be at risk of being booked for suspected DUI. Law enforcement would be on the lookout for anyone who hits the brake often, and in some cases, a little too forcefully. Alcohol impairment does heavily affect braking behavior, so law enforcement would be suspicious of anyone who uses their brakes excessively, especially in roads without much vehicle or foot traffic.

Tailgating

As stated earlier, alcohol impairment has a strong effect on a person’s ability to drive. Apart from the slowed reaction times and diminished ability to make informed decisions, a person driving under the influence can have their senses impaired as well. As such, a person may have difficulty hearing oncoming vehicles or even feeling the steering wheel when they are inebriated. More often than not, though, a suspected drunk driver has a tendency to tailgate fellow drivers on the road at a regular basis. Alcohol impairs their vision, making it harder for the driver to determine how far they are from the vehicle ahead and thus leading to this situation. Even if you are just sleepy on the road most of the time, you can still fall under suspicion of DUI if your sleepy episodes are punctuated by excessive tailgating on multiple vehicles.

Straddling Center Lane

Impaired drivers are oftentimes easy to spot because of the behaviors pointed out above. Because of this, many habitual drunk drivers have sought out ways to avoid raising suspicion when they are committing DUI, and straddling the center lane of the road is one of the most common methods. The reasoning is twofold: they can avoid swerving and possibly hitting other vehicles, and they think they can keep attention away from themselves if they stay in the middle of the highway. Keep an eye out on your driving lane habits; chances are you might have been hugging the center lane as well, increasing your chances of getting into a DUI traffic stop.

Demographic Statistics

If you are a young adult male who owns a car in the United States, you have a high chance of being part of DUI statistics in your lifetime. Based on recent NHTSA records, men are more likely to be involved in a drunk driving incident than women, and the usual suspects fall under the 21 to 26 age range. For a more recent record, over 21% of fatal crashes across the country in 2018 involved drunk male drivers, as opposed to only 14% of drunk female drivers for the same period. If you happen to fall under said category, you might want to give yourself a lifestyle check.

You can’t underestimate a potential DUI charge. Just because you are facing a possible drunk driving conviction for the first time doesn’t mean you can be all wily-nily with your driving habits. Gauge yourself and apply the necessary changes if you don’t want to go to prison for DUI. However, if you are already at risk of conviction, remember that there are veteran DUI attorneys in Las Vegas ready to help you out.

Five Excuses People Have Used When Pulled Over for DUI

Dealing with drunk driving in Las Vegas is part and parcel of the daily lives of local law enforcement in and around the city. In a city as big and as bustling as Las Vegas, not a day runs by without at least one or two DUI arrests even on the fringes of town. The large number of entertainment spots offering alcohol is also a commonly-cited factor.

With how often DUI cases happen in and around Las Vegas, one would be curious about the types of drivers that the police end up booking on the regular. With the high number of regular DUI stops, law enforcement is already familiar with similar patterns of people getting caught and trying to get away with it. Let’s look at five excuses people have used when pulled over for DUI.

Sudden Office Call

One of the double-sided aspects of modern workplace standards is that people can work from home if their employer allows such arrangements, but they can still expect to be called into the office for very urgent issues whether they like it or not. The worst part about it is that the call can come at odd hours and sometimes even on days-off. With the pandemic going around, those sudden calls have just increased; either offices need backup staff during crunchtime or someone gets called in because a staff member that volunteered to work on-site called in sick and a pinch-hitter is needed.

Work-related excuses have been around for a while, and the aforementioned pandemic exacerbated these cases considerably. People have been recorded as stating that they run late shifts at work and would sleep in a car close to their workplace after drinking a few glasses before their time, while others claimed that they got a sudden message requesting their presence at the office while they were enjoying a drink at home.

Natal Rush

One of the worst things that can happen to a person is to not be there when their wife is about to give birth. If you happen to be working while your wife is alone at home, the anxiety of them suddenly going into labor without anyone to help them out is palpable.

This excuse is usually invoked for speeding, but people suspected of DUI pull this off as well. The idea is that the police will let them off based on a ‘legitimate’ medical emergency; some have gone so far as to show a picture of their allegedly pregnant spouse to law enforcement.

Lost Out-of-Towners

Las Vegas has a reputation of having high traffic from out-of-towners, whether it’s at the peak of vacation season or during a typical weekend. Of course, the pandemic has put a dampener on those numbers, but people from outside the city and state still come by to party and unwind. Predictably, a number of these people get caught in DUI traffic stops and are possibly booked. Just as often, many of these out-of-towners would claim that they were only lost while looking to drive back to their hotel, sometimes even blaming directions provided by GPS apps.

Only Drinking at Traffic Lights

This one is not based on any case in Las Vegas, but rather an amusing DUI case from Florida. A local man was stopped by law enforcement after a call-in regarding repeated minor collisions at a local fast food drive-through. When the police checked and pointed out that the driver had the hallmarks of driving while inebriated, he allegedly replied that he was not drinking while driving, but rather was only drinking when he reached a traffic light or stop sign.

While this may be an entertaining incident (and thankfully one that did not involve any injuries or major damage), it just goes to show how out-of-touch a truly drunk driver can be when trying to reason their way out of a DUI booking. In this situation, it’s still a surprise that things did not escalate into a felony DUI involving injuries or death, even.

The ‘Designated Driver’ Argument

In group outings, it is the smart move to have someone sit out of all the drinking and act as the designated driver after the party’s over. However, some people do not always follow the rules for designated drivers, and there would be instances where even they would take a sip or two. Understandably, such cases would lead to a series of events where the driver will reason out that they are the designated driver and such have no business being drunk. This is inexcusable behavior because being a designated driver requires someone to be focused and not affected by alcohol. Not to mention, not everyone has the same tolerance for alcohol; you may claim that you’ve only taken two sips, but it may have been enough for your body to be inebriated and you just don’t know it.

Making excuses at a DUI traffic stop only exposes you to even worse consequences in the event that you are convicted. Remember that it is best to deal with a DUI charge in court, when you are assisted by a veteran DUI lawyer with the skill to deal with your case professionally.

Five Simple Pointers to Avoid a Thanksgiving DUI Charge in Las Vegas

November is upon us, and while one of the most stressful periods of the year still has its presence felt all over the country, for the most part things have calmed down. Most people are now looking forward to the coming holidays to unwind and get away from all the stress, at least temporarily. Thanksgiving is first on the list, and despite the Pandemic, people will still find ways to celebrate with family and friends.

Of course, when people want to have fun, they sometimes go overboard. With Thanksgiving approaching, you can still expect people to get tabbed for DUI in Las Vegas, even as early as the day before. Facing a drunk driving charge can put a dampener on the festive mood, but more importantly it can lead to serious personal and legal repercussions down the line. Here are five simple pointers you can follow to avoid a thanksgiving DUI charge in Las Vegas.

Do not Abide by the ‘A Drink an Hour’ Rule

There is this long-standin belief that you can avoid getting drunk easily if you limit your alcohol intake based on an arbitrary setting. The ‘one-drink-an-hour’ rule is one of the most common examples, and one of the most oft-quoted when people try to prove their sobriety, whether to friends or to authorities. Avoid following this ‘rule’ at all costs; alcohol tolerance varies from person to person, and while someone can stay sober after one shot, another person may already get drunk on the scent alone. 

Have a Designated Driver

A hard and fast rule for any group going out on a holiday is to always have someone sober enough to take the wheel when the festivities are over. You cannot overestimate the importance of having a designated driver with you; apart from keeping you away from a trip to a hospital (or a direct ride to the morgue), designated drivers can also handle the conversations when your vehicle is ordered to stop for a DUI check, or ends up in a DUI checkpoint.

Be Aware of Usual Police Stops and DUI Checkpoints

Even if you have a designated driver on hand, the authorities can become a bit more strict if they find out that most of the passengers are a little over the limit. If you do not want to spend time explaining yourselves to the police, you will have to know beforehand where the common DUI checkpoints and stops would happen so you can reroute your way home. Of course, this does not mean you should purposely evade law enforcement when you are within their line of sight; you just want to have some forewarning on where they might be set up.

Get on a Taxi

Sometimes, you can’t find a designated driver to fill in for you when you’re hanging out with family and friends for Thanksgiving. If you really need to be there but you can’t expect to drive sober afterwards, the best thing to do is hail a taxi to take you home, even if the distance is short. Taxi services can be faster and more discreet than regular public transport, though you usually have to cough up a higher fee for the ride. Just remember to have someone sober to accompany you when you can for added safety.

If All Else Fails, Stay the Night

You can’t always expect to have public transport available by the time your Thanksgiving event is over. If you happen to live out-of-town and you’re in no hurry to head home, staying the night getting sobered up in a motel (or a hotel, if you have the funds) or staying over at a friend’s place can minimize the chances of you ending up in a jail and booked for DUI. Las Vegas has many lodgings that offer cheap overnight fees, decent security for your vehicle, and some discounts for holidays and group bookings. If you’ve planned way ahead, you can even book a spot weeks beforehand and you can have a designated sober friend take you all there once you’re done for the night. As for staying over at a friend’s place, remember to arrange things with everybody else; you might not be the only one sleeping over, and there may not be enough space to accommodate everybody.

Thanksgiving is a good time to catch up and celebrate the good life with friends and family in Las Vegas. Of course, it works best if you celebrate responsibly. If things come to a head and you are suddenly facing a Las Vegas DUI charge, however, remember that there are many veteran DUI defense attorneys in town that can assist you and help you avoid conviction.

Circumstantial Evidence and its Effects on Your DUI Case

In all criminal cases, evidence can make or break a person’s chances of avoiding a conviction. Whether it’s a DUI charge in Henderson or a juvenile complaint in Paradise, even the tiniest bit of evidence can decide the result of a trial. It can be as big as multiple independent testimonies from different points of view, or as tiny as a single drop of blood spilled on the crime scene.

For DUI cases, evidence usually revolves around blood alcohol level, field sobriety test results, witness testimony, and the occasional security camera footage. However, there are many instances where items that seem to have no direct relation to the incident at first glance can be used to pin a defendant to the charge. These items are called circumstantial evidence and can have a serious effect on your DUI case in Las Vegas.

Defining Circumstantial Evidence

In brief, circumstantial evidence is any kind of evidence that is not directly taken from the instance of the crime, but can still be used to prove that a defendant has committed said crime. It often includes factors or features that won’t make sense outside of the context of the alleged crime. Unlike direct evidence, circumstantial evidence is not usually a first-hand piece of evidence and can only be surmised by combing through the scene of the alleged crime.

As an example, let’s say you are booked for DUI. If the prosecution wants to convict you on direct evidence alone, they will point to BAC and sobriety test results, as well as first-hand witness testimony, to land you in prison. If they are left with only circumstantial evidence, they will look into things like the strong smell of alcohol in your car, the engine still running during the time the charge took place, the fact that you are still at the driver’s seat when the alleged crime occured, or the vehicle being on the roadside when the authorities get to you.

How It Affects Your Chances

DUI charges rely primarily on confirmed high BAC levels for the prosecution to confirm a defendant’s guilt. However, if they are short on direct evidence, they will often double down on circumstantial evidence to get you. With the circumstances surrounding a DUI case, the prosecution can have many variations of circumstantial evidence to work with.

Despite the common notion that circumstantial evidence is inaccurate at best and fabricated at worst, there have been instances where such evidence has led to convictions. Timothy McVeigh is probably one of the most famous individuals who was convicted in a US court primarily with the help of circumstantial evidence; traces of explosive powder was found on his clothing at the time of his arrest, second-hand witness testimony regarding his rental of a service truck for the crime identified his facial features, and phone records relating to the purchase of dangerous materials further implicated him to his crime. Considering the magnitude of his crime compared to a DUI charge, getting a conviction based on circumstantial evidence alone isn’t too far off from happening with your case.

Defending Against Circumstantial Evidence

Circumstantial evidence has a major bearing in many cases, but only if the prosecution uses them effectively. There are instances that the prosecution will focus on using circumstantial evidence but forget to make a cohesive narrative based on such circumstantial evidence. In such situations, your DUI defense lawyer can easily see gaps in their narrative and totally invalidate the importance of the evidence they presented.

As a rule of thumb, DUI defense lawyers will insist that the circumstantial evidence presented against their client either has no bearing on the case or is not enough proof to confirm a crime occured. For example, circumstantial testimony can be considered hearsay if the prosecution fails to prove that the statement made was entirely credible. Thorough cross-examination often exposes inconsistencies in the evidence presented, and can be used by defense lawyers to dispel the DUI allegations against the client. All in all, the focus is on ensuring that the circumstantial evidence is either invalidated or prevented from being accepted by the court.

Circumstantial evidence may be secondary to direct evidence in many circumstances, but it can still cause serious implications on your case if you do not handle such evidence well. Always rely on a DUI defense lawyer that knows how to effectively and expertly face charges with circumstantial evidence.