Monthly Archives: November 2014

Three DUI Laws in Nevada

Attorney Ross Goodman
520 S 4th St,
Las Vegas, NV 89101
Phone: (702) 383 – 5088
Fax: (702) 385 – 5088

A picture of a car with alcohol bottle and dui

DUI laws come with serious penalties. Aside from being required to pay fines, people who are charged with DUI may also be put to jail for up to 6 years. The authorities may also suspend the driver’s license of the person charged and the vehicle that he used may also be impounded.

  • Illegal Per se law – this law implies the drivers to follow a strict BAC limit. The limit is 0.08 percent blood alcohol level. For commercial drivers like delivery trucks drivers, school bus drivers, tow trucks drivers and the like, the limit is 0.04 percent. There is also a limit for various “controlled substances. ” These include: methamphetamine, amphetamine, cocaine, heroin, marijuana, phencyclidine and lysergic acid diethylamide (LSD). People who are caught driving above the BAC limit or under a controlled substance will be charged with DUI.
  • Implied Consent Law – this means that a person who is suspected to be drunk cannot refuse for a blood, breath or urine test. The test can be demanded by the police officer even on a first offense. The person should know that the consent has already been given once the person step into the car. If the person refuses to take the test, the police can use a reasonable force to administer the test.
  • Open Container Law – this law states that “it is illegal for a person to operate or drive a motor vehicle with opened alcoholic beverages in the car.” It covers all alcoholic beverages; regardless of their alcohol volume. This rule doesn’t apply to a motor home or an RV, passengers of taxis, limousines, and buses.

If the person is charged with DUI, he is required to pay for the testing fees.

Hire a Lawyer

If you know someone who is charged with DUI or someone who is facing penalties in relation to it, hire an experienced lawyer like Attorney Ross Goodman. He investigates DUI charges carefully, study the facts, and comes up with very intelligent defenses. Contact DUI Attorney Ross Goodman at (702) 383 – 5088 for a free consultation.

DUI Field Sobriety Tests

Attorney Ross Goodman
520 S 4th St,
Las Vegas, NV 89101
Phone: (702) 383 – 5088
Fax: (702) 385 – 5088

Las Vegas is known as the “Sin City”. It caters to worldly vices such as gambling, clubbing, and drinking. In fact, one of the most common cases in Las Vegas is DUI or driving under the influence. But before one can be charged with DUI, he has to go through the following tests by the National Highway Traffic and Safety Administration:

Horizontal Gaze Nystagmus – Nystagmus is a technical term for involuntary movement of the eyeball. The arresting officer usually uses his/her finger or a pen and place it in front of the driver’s face. The officer then moves it from one direction to the other. It commonly occurs when a person is intoxicated with alcohol.

Sign that the driver is intoxicated:

  • the jerking of the eye before reaching the 45 degree angle

Walk and Turn – The officer demonstrates what the driver is required to do. There are two parts of this test. First, the officer would ask the driver to place one foot in front of the other. The heel of the other foot should be touching the toes of the other foot. One sign that the driver is intoxicated is when he/she fails to follow simple instructions such as starting the test without the signal of the officer. The officer will ask the driver to walk 9 heel-to-toe steps on the designated line, after which the driver must turn around and return to the starting point. The driver should also keep his/her hands on the side, watch the feet the whole time and count each step aloud without stopping.
Signs that the driver may be intoxicated:

  • Inability to stand straight while receiving instructions
  • Starting or stopping the test without the instruction of the officer
  • Failure to touch heel-to-toe
  • Stepping outside the line
  • Use of arms to balance
  • Improper turning
  • Using wrong numbers of steps

One-leg stand – In this type of test, the driver will be asked to stand up straight with his feet together and his hands on the side. Then the officer will ask the driver to raise either of his legs for about six inches above the ground. The driver will also be asked to count upwards starting from 1000. Before the driver performs this test, the officer will demonstrate the position and how the driver will be counting. After the demonstration of the officer, he/she will ask the driver if the instructions are clear.

Signs that the driver may be intoxicated:

  • Swaying while balancing
  • Keeping balance using arms
  • Hopping using the other foot in order to keep balance
  • Unable to raise one leg throughout the test or resting the leg before the 30 seconds is reached

Do you know someone who has been charged with Driving While Intoxicated? Get the best DUI defense in Vegas, Atty. Ross Goodman, right away at (702) 383 5088.

Common Facts that are Used When Defending DUI Charges

Attorney Ross Goodman
520 S 4th St,
Las Vegas, NV 89101
Phone: (702) 383 – 5088
Fax: (702) 385 – 5088

A person can be charged of a Driving under the influence (DUI) offense if he went above the legal limit of the Blood alcohol content (BAC) which is 0.08. DUI cases are common in Las Vegas – especially that there are numerous night clubs and hangout places in this popular city. The good thing is that a DUI case has to go through several procedures before a driver can be convicted. Here are some facts that a DWI lawyer will most likely use when defending DUI charges:

Any evidence obtained when the driver is illegally pulled over can be inadmissible to court.

A vehicle could only be stopped by an officer if there is a reasonable reason for stopping it such as traffic violations. One must violate a law first before an officer can actually ask him to pull over. Keep in mind that it is not a violation if a driver weaves inside his lane. It would be considered a violation if the driver crossed the line while weaving.

A driver could claim the inaccuracy of any tests taken.

Certain medical conditions, allergies, injuries or medications can be used for defense if verified. These conditions could also affect the accuracy of a test. An officer could assume that a driver is driving under the influence if the driver shows physical signs of being impaired such as mumbling, bloodshot eyes, or if his breath smells like that of an alcohol. If the driver provided a rightful explanation for those manifestations, any sobriety, breathalyzer or blood tests could possibly be ruled out of court. For instance, acid reflux and heartburn could affect the results of a breathalyzer.

Failure to Mirandize the driver could get the DUI case thrown out.

The Miranda warning is created to protect the rights of people from being questioned by the police. It is simply stating one’s rights before actually arresting him/her.

Test samples cannot be obtained out of the willingness of the driver.

Illegally obtained samples such as blood is considered invalid in court. Test samples for breath and blood tests should be properly requested by the officer. Blood and breathalyzer tests that were administered under duress could be considered as illegally obtained.

There are only three standard field sobriety tests.

These are the Horizontal Gaze Nystagmus (HGN), Walk-and-Turn (WAT) and One-Leg Stand (OLS). The driver would only take breath and blood tests if they failed the field sobriety tests. Other field sobriety tests besides HGN, WAT and OLS are invalid.

Here`s what an actual Field Sobriety Test really is not! Enjoy!

Common DUI Myths Debunked

Attorney Ross Goodman
520 S 4th St,
Las Vegas, NV 89101
Phone: (702) 383 – 5088
Fax: (702) 385 – 5088

No to drunk driving pic

DUI is one of the most common crimes in Las Vegas. People have spread myths about how to beat various DUI tests. Let us debunk them one by one.

  • Sucking on a penny will lower the person’s BAC level.

Police officers would require the person to “Blow hard” on the Breathalyzers. The air that will be analyzed would come from the lungs. A small amount of copper from the penny will not affect the test.

  • If the person passed the Sobriety Test, there is no need for further testing.

A person who is charged with DUI is required to submit to a breath test, blood test and urine test. Field sobriety test (FST) is only optional. The police officer is the one who will require the person to submit into a breath test after the FST.

  • Drinking mouthwash will help a person pass a breathalyzer.

The mouthwash can only mask the smell of the alcohol. It does not lower the BAC level. A mouthwash is a mixture of alcohol. It can worsen the result.

  • Police officers cannot influence the BAC reading.

They can influence the BAC readings. The pattern of breathing affects the concentration of alcohol. According to studies, the first part of our breath contains a lower alcohol concentration. The air from the bottom of the lungs has a high alcohol concentration. The police officer can manipulate the result by demanding the person to breathe harder.

  • The breathalyzer is not accurate.

Breathalyzers are not accurate. They only show an estimated result. The result is based on the alcohol particles on the person’s breath. Plus, the results can be manipulated by police officers. The blood test is the most accurate type of BAC test.

  • The officer is less likely to make an arrest if the person cooperates.

An officer’s DUI training involves techniques that can lead the person into a DUI arrest. Any questions or test they ask can be used against the person. The person should be careful with his or her actions when cooperating with the officer.

Get Professional Help!

If you know someone who is convicted with DUI, it is of utmost importance to seek advice from a professional DWI defense lawyer. Attorney Ross Goodman has handled many DUI cases. He will study the case thoroughly and provides the client with the best results.

Image in courtesy of Jacom Stephens 

D-methamphetamine DWI-DUI in Las Vegas

Attorney Ross Goodman
520 S 4th St,
Las Vegas, NV 89101
Phone: (702) 383 – 5088
Fax: (702) 385 – 5088

D-Methamphetamine

Methamphetamine is one of the most abused drugs in Las Vegas. It can affect the mind quickly even in just low doses. According to the National Highway Traffic Safety Administration, a dose of 10 to 30mg can lower the reaction time of the drivers.

The effect of methamphetamine varies from person to person. It depends on the size, weight, and the health level of the person. The common effect of methamphetamine includes:

  • Attention Lapse
  • Drowsiness
  • Higher chance to take risk, aggressive driving, overconfidence in driving skills
  • There is a lack of coordination
  • Slow reaction time
  • Exhaustion
  • Depression
  • Irritability

Drivers under the influence of methamphetamine show behavior such as swerving, maintaining unsafe distances, failing to stop at stop-lights, and driving unsafely.

Studies show that it can take up to 5 days for the meth to leave the body. Its effect will last for several hours.

Nevada implements a strict rule regarding driving under the influence of meth. According to Nevada, “a person is not allowed to drive or be in control of a motor vehicle if there is a presence of Methamphetamine in his or her blood that is equal to or greater than 500 nanograms per milliliter, and 100 nanograms per millilitre in his or her urine.” Anyone caught driving under the influence of meth shall serve sentence of not less than 2 days nor more than 6 months. He or she shall perform community service of not less than 48 hours but not more than 96 hours. Second and third time offender will have a graver penalty

The only way to untangle yourself from DUI-DWI charges in Las Vegas is to hire an experienced DUI Lawyer like Ross Goodman.

A person who is charged with Driving Under the Influence of Methamphetamine needs to seek help from a reputable lawyer. DUI Attorney Ross Goodman has a wide experience in handling DUI cases. For a free consultation, you may call us at (702) 383-5088.

Ross Goodman from the Goodman Law Group, P.C. is a top notch lawyer who has served Las Vegas for criminal charges such as these. View his testimonials and case results concerning DUI / DWI. He has dismissed and reduced several cases involving Methamphetamine and driving.