Monthly Archives: October 2014

DUI – The Evaluation and Treatment of Offenders

A list of specific steps must be followed before sentencing an offender for DUI in Las Vegas by a court in Nevada. This is done to prove if the offender is an abuser of alcohol or drugs, and whether the offender can be treated or not. If you know someone who is charged with a DUI felony, please seek legal counsel from a drunk driving defense attorney as soon as possible.

Evaluation must be done by:

  • A licensed or certified alcohol and drug abuse counsellor,
  • A doctor who is certified to perform the evaluation by the Board of Medical Examiners,
  • A psychologist who is certified to do the evaluation procedure by the Board of Psychological Examiners.

All the evaluators should be licensed to perform the requested evaluation for the offender. This is done to prevent any in-correct evaluation, which may or may not result in the offenders favour. After the evaluation, the results shall be immediately forwarded to the Director of the Department of Corrections.

The facility for evaluation shall be regulated and approved by the State Board of Health.

Program of treatment for first-time offenders

If an offender is found guilty of DUI, and who is found to have an alcohol concentration of 0.18 or more, the offender shall be sentenced to fulfill a treatment program for alcoholism or drug abuse. The treatment will be certified by the Division of Public and Behavioral Health for at least 6 months.

Here are the pre-requisites before the court can authorize the treatment:

When the offender was diagnosed as an alcohol and drug abuser by a licensed evaluator,

  • The offender agrees to pay the cost of the treatment,
  • The offender has served an imprisonment in jail of at least 1 day, or has performed 24 hours of community service.

When the offender is accepted for treatment, the offender will be placed under the direct supervision of the facility for a period of not more than 3 years. Moreover, during the treatment, the offender may be confined within the facility but this will be at the discretion of the facility.

The facility will not be liable for any alcohol and drug related damages to a person or property caused by the offender, while he or she is still under the treatment program.

If the offender fails to complete the treatment, or was given a failure remarks by the facility. The offender will be imprisoned for a period set by the court plus fines. In the case where the offender failed to complete the treatment, the duration of the sentence must be reduced by the number of days the offender served in the treatment.

The duties of the court after granting an application for treatment:

  • The court will suspend the sentence of the offender for not more than 3 years, given the condition that the offender will complete the treatment, and follow the rules set by the court during the treatment.
  • The court shall administer the treatment program.
  • The court will require the treatment facility to submit a monthly progress reports, regarding the treatment.

 

Nevada law is taking DUI seriously, and most of the time, the penalties attached to dui/dwi are grave. These evaluation and treatment programs were drafted to give the DUI offender a chance to straighten up their life. For legal counsel regarding DUI, you may contact us at (702) 383 – 5088. Alternatively, you can request a free and private consultation using our online form.

DUI Cases and Involuntary Manslaughter

dont drink and driveInvoluntary manslaughter is the killing of a human being without the intent to do so. However, it is only one step down from murder. A lesser offense may be charged to the person who is proven to unintentionally kill someone. Involuntary manslaughter involves in situations that have no premeditated intentions but they can be caused by recklessness or criminal negligence resulting in someone’s death. On the other hand, involuntary manslaughter does not include vehicular manslaughter and this falls on a different situation.

If someone has committed involuntary manslaughter or homicide, in a vehicular accident, while driving under the influence of drug or alcohol – is defined as a felony. This circumstance occurs if the death is due to gross negligence. In order to convict the defendant of a DUI manslaughter, the prosecution must prove that aside from being impaired due to intoxication, the DUI defendant also violated some other rules of the road. The prosecution also needs to show that the cause of the involuntary manslaughter was due to traffic violations and not because of the defendant’s impairment alone.


The Punishment for DUI Involuntary Manslaughter

In Nevada, those who are convicted with Vehicular manslaughter or DUI-death, have to spend not less than 2 years or more than 20 years in jail. In addition, the convicted should fine not less than $2,000 or more than $5,000. The number of years and fines depend on the added violations and charges against the defendant.

Place of Trial

The trial for DUI manslaughter takes place on the same state where the crime occurred.

Seek Help from a DUI Lawyer

An experienced and dedicated drunk driving defense lawyer, can do everything possible to give the defendant the best legal results. DUI  Lawyer Ross Goodman provides assistance on the defendant’s side and defend them by looking at the facts according to the statements and the evidence available.

Aside from DUI, Atty. Ross Goodman is also capable of defending clients with other criminal charges such as, Domestic Violence, drug charges, sex offenses, theft crimes, traffic violations and casino markers.

For  free consultation, call Goodman Law Group at number (702) 383-5088