All posts by DUI Lawyer Ross Goodman

Factors Influencing Blood Alcohol Content Levels

For many DUI-related arrests in Las Vegas, blood alcohol concentration (BAC) levels play a key role. BAC levels determine how much alcohol is currently in a person’s bloodstream; the higher the BAC, the greater the effect of alcohol has on a person. High BAC levels can lead to such effects as disorientation, slurred speech, shifty eye movement, poor physical coordination and a slowing of cognitive function and comprehension. A person’s BAC levels are often determined via breathalyzer or through blood and urine samples.

In most cases, people can drink and still avoid going over the prescribed BAC by controlling their alcohol intake prior to driving. However, in some cases even minimal alcohol intake can still result into a person going above the recommended BAC levels. A number of factors can affect BAC levels for certain people, including:

  • Body Type: BAC levels are inversely proportional to a person’s weight; heavier people tend to have lower BAC levels even when sharing the same amount of alcohol as lighter people.
  • Alcohol Content: people may share the same amount of drinks, but one drink may have more alcohol than another.
  • Age: younger people may be more prone to early intoxication, although this is not always the case.
  • Gender: women are more prone to higher BAC levels due to physiological differences.
  • Style and amount of consumption: drinking too much too fast can lead to immediate intoxication compared to consuming plenty but taking things slowly.
  • Food: consuming food alongside alcohol can help obstruct some alcohol from entering the bloodstream.
  • Altitude: still under independent testing, it is said that imbibing alcohol at higher altitudes puts a person at greater risk of intoxication.
  • Medication: mixing alcohol with certain anti-depressants and pain relievers can increase BAC and have dire long-term consequences.
  • Emotional state: distressed people can have the alcohol transfer into their muscles instead of the bloodstream; this prevents them from getting drunk faster, but it also leads to increased alcohol consumption.
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Got Arrested for Domestic Violence in Nevada: Now What?

Domestic violence cases are a common occurrence anywhere, but Nevada has the dubious distinction of being its poster boy. Data from Everytown Research shows that a domestic violence victim in the state is 65% more likely to be fatally shot by assailants during a domestic violence struggle, while the National Coalition Against Domestic Violence rates Nevada as the top state according to domestic violence fatalities.

This notability is a reason why Nevada takes its domestic violence cases seriously, with law enforcement being quick to react to any reported incident. What happens after a domestic battery arrest in the state can be considered routine: from the arrest and booking, up to the arraignment and plea entry and, if a not guilty plea is offered, the trial itself. What is significant, however, is what a conviction would entail for the accused:

  • For a first offense within 7 years: Misdemeanor charge, 2 days to 6 months in jail, 48 to 120 hours community service, $200 to $1,000 in fines, and a brief domestic battery counseling course
  • For a second offense within 7 years: Misdemeanor charge, 10 days to 6 months in jail, 100 to 200 hours community service, $500 to $1,000 in fines, and an extensive domestic battery counseling course
  • For a third offense within 7 years: Category C felony charge, 1 to 5 years in jail, and $10,000 in fines

On Concealed Carry and Open Carry Laws in Las Vegas

Gun carry laws continue to be a hot topic in Nevada today. The Route 91 Harvest Music Festival is still fresh in the minds of many, and discussions are still ongoing about the merits of stricter carry laws in the state. To better understand the current situation of these gun carry laws in Las Vegas, it is good to give a refresher of how carry laws work in the state.

 

  • Nevada has long been an open-carry state. People can openly purchase, own, and carry their firearms throughout the state without needing a license to carry. It may not be unusual to see someone in the street packing heat in a holster. However, while open carrying comes down to personal discretion, establishments can opt to prohibit open carry on their premises, although there is no State-defined legal precedence for this. It is still advisable to honor their no-carry wishes, however.
  • The State’s concealed carry laws, on the other hand, require that the gun owner should obtain a permission to carry their firearm in a concealed manner before they can proceed to do so. Concealed firearms pose a greater threat than a person openly carrying his guns because the public cannot tell if he is armed or not. Concealed carry permits are usually preceded by officially sanctioned training before a permit can be issued. There are at least 31 other states that recognize a Nevada concealed carry license.

 

 

Charging a Person Without Evidence

As a point of order, no one can be charged without substantial evidence confirming their guilt. Rule of law dictates that prosecutors should come up with the necessary evidence to determine an accused person’s guilt. In the case of Nevada, the ground rules for evidence presentation and handling is laid out in the 48th chapter of the state’s Revised Statutes.

As these statutes explicitly state, the following are the only recognized categories of admissible evidence in court:

  • documents
  • video footage
  • audio recording
  • chemicals or substances
  • weapons supposedly used
  • circumstantial evidence
  • any type of physical evidence

 

Testimony also counts as evidence, despite being a non-physical entity (although recorded testimony, either through audio/video recording or written transcripts, counts towards physical evidence).

It is important to note that the weight of the evidence outshines its quantity. No conviction can be made for an accused even if there is a large quantity of evidence stacked against him, so long as these pieces of evidence do not have much weight (do not have a significant bearing) against the accused.

Know the importance of evidence in crime and how to deal with false charges using weak evidence. Ask a seasoned criminal defense attorney about evidence today.

What Acts Get You Arrested for DUI in Las Vegas?

DUI is a serious problem in cities like Las Vegas, where leisure establishments are a dime-a-dozen and large road networks are present. The prevalence of DUI cases, as well as the ease that such situations can happen in the city, have led to many arrests and conviction for even the most minor of offenses. Here are a number of ways to get arrested for a DUI in Las Vegas:

  • Controlling a vehicle while intoxicated (the most familiar and most common)
  • Found drunk within 2 hours after controlling a vehicle
  • Controlling a vehicle while drugged
  • Controlling a vehicle while drunk and drugged
  • Committing a vehicular homicide while drunk/drugged/drunk and drugged

Knowing these DUI-related offenses can help you better enjoy your stay in Las Vegas and avoid any nasty legal repercussions.

House Arrest in Clark County Detention Center

House Arresr Las Vegas Criminal Defense Attorney Ross Goodman

House arrest is a type of incarceration wherein the charged individual stays in his own home. However, this is not in any form a lighter penance as the property where he is staying will still be heavily guarded by detention officers. There are also strict laws such as boundaries and limits, which when violated, can lead to graver criminal consequences.

The Clark County Detention Center (CCDC) implements the Electronic Monitoring Program or commonly referred as house arrest, wherein a certain convict will be tagged with an electronic ankle bracelet that will monitor his moves and whereabouts. The said program is applicable to different cases depending on the magnitude and the factors involved.

Below are further pieces of information about house arrests in CCDC and how a criminal defense attorney can assist you on the program.

Qualification for House Arrest Program

House arrest is an alternative sentencing program decided by a judge. Usually, it applies to defendants who can post bail but have committed crimes that are too severe for them to be granted an immediate freedom.

Most of the time, the judge gives a house arrest sentencing to misdemeanor cases that are non-violent (like DUI) and to defendants who are not dangerous and not flight-risk. Cooperativeness and complying with all of the judge’s requirement will help influence a judge’s decision.

When granted of house arrest, CCDC’s Metropolitan Police Department will run the program, starting with the installation of the GPS-based electronic bracelet on the defendant’s ankle. CCDC uses a tamper-proof device that should be paid by the defendant.

The Electronic Monitoring Program starts immediately once the ankle bracelet is worn. Aside from the confinement, the defendant will have to undergo several rehabilitation programs in his own home.

Benefits to the community

House arrest is economical. With the growing number of inmates in CCDC and the Nevada State Prison, many judges are willing to put non-violent defendants under a monitoring program because at least $140 are spent on each inmate behind bars.

When defendants are confined in their homes, they are responsible for their own food, shelter, and other commodities, thus helping the CCDC and the entire community save not just money, but resources as well.

Conditions of house arrest

Depending on the case, an individual put down for house arrest can leave the house under strict monitoring. The court also lays down the places where someone in house arrest can go. Stopover is prohibited; otherwise, the Metropolitan Police Department will be notified to re-arrest the defendant.

The judge usually allows outdoor engagements such as:

  • Work and school
  • Court trials
  • Community service and counseling
  • Medical and lawyer appointments

Violation of the program

An ankle bracelet should be worn at all times by the defendant and should not be tampered. In Nevada, house arrests employ a non-tolerance policy, which means that once you violate the rules, you will be taken back to CCDC where you will spend the rest of your sentence. Additional sentences and payments for damages may also be charged to the offender in case he violates the rules.

Violations include:

  • Going beyond exclusion zones
  • Tampering or breaking the device
  • Breaking curfew

If a defendant has a DUI case, especially related with alcohol, a supplementary ankle bracelet called Secure Continuous Remote Alcohol Monitor (SCRAM) should also be worn by the defendant. Once it traces alcohol in the offender’s body system, the police will be alerted.

A house arrest is favorable for people who are charged of crimes but know that it does not erase the fact that they hold a criminal record. Meet with a criminal defense attorney today to help you get absolved of your charges today.

Las Vegas Criminal Defense Attorney Ross Goodman

520 S 4th St, Las Vegas, NV 89101, USA

702-383-5088

What to Do When Pulled Over on Suspicion of DUI

What to Do When Pulled Over on Suspicion of DUI - Ross Goodman

Since Las Vegas is a place where everyone gets to have a good time, the enjoyment can turn into anxiety when you unexpectedly see red lights in your rear view mirror coming for you while driving. Once you got pulled by the police in Las Vegas, there is a big chance that you may be suspected of drinking while hitting the road.

Here are some helpful tips to help you protect your rights.

Follow the instructions

The initial step is to comply the officer on duty: pull over to the curb in a controlled and safe way. Take note that you have to pull over as fast as you can because if you don’t, there’s a possibility that you will look more suspicious and the officer might get annoyed – it might make things worse so don’t risk it!

Note the time of stop

Knowing the time of stop may be of great help – as many of the law enforcement actions must be performed under time constraints.

Prepare all the vehicle paperwork

One of the first observations made by the police officer is a driver’s ability to show proper documents such as driver’s license, vehicle registration, and insurance. This might be kind of tricky, but wait for the officer to ask for your documents; rather than voluntarily reaching and searching for them. Remember that officers are concerned with their safety as well – there are instances that they may overreact to gestures that they think might lead to a directed threat.

Do not admit

A lot of people find this difficult to do for the following reasons:

  • They don’t want to be dishonest to the police officer.
  • If they cooperate, the officer may overlook such transgressions.

However, this kind of scenario barely happens. Know that you have a constitutional right not to incriminate yourself. Thus, to avoid making things more complicated, answer with statements such as:

“I will accept any citation for [the stated reason for the stop] or other infractions you believe I may have committed and deal with them in court.”

Stay calm

For everyone, seeing emergency lights in the rear-view mirror is very daunting. Nonetheless, you have to do your best to stay focused and perform safe driving actions – and that is by pulling over in a safe and reasonable manner. This also shows that you are reacting properly to their signal.

Decrease your speed right away, pull over somewhere that will not destruct the flow of traffic. If you are having doubts where to stop, remember that it is more important to pull over in most cases – as the officer will instruct you to move in a safer place.

Pursue legal advice

If you have been pulled over for a DUI and the officer did not have reasonable suspicion that you have committed a crime, the evidence against you may not be admissible in court. An experienced DUI lawyer can help you have the evidence thrown out. Additionally, a lawyer can help you form a defense against DUI charges or help you negotiate a plea deal to reduce your sentence.

If you have been pulled over for a DUI but the officer lacks reasonable suspicion, the evidence against you may not be admissible in the court. Seek the help of an experienced DUI defense lawyer – it could help you throw out the evidence. Furthermore, a lawyer could help you negotiate a plea deal to reduce the sentence.

Keep in mind that driving under the influence may hurt someone or yourself; or even damage your car or someone else’s property. You can even lose your license, pay a large amount of fines, lose your job, and worst of all: go to jail.

DUI comes with so many serious penalties, so you need a legal adviser to protect your rights. If you were you incriminated for a DUI in the city, call Attorney Ross Goodman now, the experienced DUI defense attorney in Las Vegas!