Category Archives: DUI Nevada

On Felony DUI in Nevada

As a rule, a third or subsequent DUI charge is classified as a felony according to Nevada rules. As such, prosecutors will see to it that the court is convinced to enact hefty penalties on the defendant if his or her guilt is proven, mostly through lengthy stays in prison and large fees.

A person can be charged for a third DUI in Nevada if:

  • it is the 3rd offense within 7 years
  • DUI caused serious injury
  • DUI caused a person’s death
  • suspect fled the scene of the crime resulting to damage of property
  • caused a hit-and-run resulting in death/injury

 

Punishment for a third DUI within seven years of the previous conviction include:

  • Prison term for 1 to 6 years
  • $2,000 to $5,000 fine
  • Victim Impact Panel
  • Installation of Breath Interlock Device in your car for 1 to 3 years after release
  • 3-year driver’s license suspension or revocation, 5-day registration suspension
  • $35 civil penalty fee
  • Alcohol and drug evaluation

 

DUI causing injury is a Category B felony and leads to the following punishment:

  • Prison term of 2 to 20 years
  • Fines from $2,000 to $5,000

If the defendant is accused of DUI with death and has 3 previous convictions, the charge will escalate to the Category A Felony of vehicular homicide (NRS 484C.440) and can lead to: 

  • Imprisonment from 25 to life
  • Chance of parole after 10 years

 

Leaving the scene of a DUI crime to avoid arrest is an automatic felony DUI charge, with the severity dependent on the amount of damage/injury caused.

Collision resulting to damage of property will be penalized with:

  • 6 months of imprisonment; and/or
  • Maximum fine of $1,000
  • 6 demerit points to offending driver’s license

The more severe charge of hit-and-run resulting in injury can lead to:

  • 2 to 20 years of imprisonment with no probation
  • No less than $2,000 and no more than $5,000 fines
  • Possible license revocation and suspension, depending on the number of injuries and deaths during the incident

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.

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!

Questions to ask when hiring a DUI Attorney

An attorney is an essential factor in cases. In fact, no case will be put into motion or end with appropriate results without their expertise. In Las Vegas, driving under the influence (DUI) attorneys are in high demand. Just last year, there were 2,394 DUI cases with injuries reported, prompting a need for DUI attorneys.

When looking for an attorney, the defendant or the family want to have the best ones in the field. This matter is entirely subjective. For some, the most expensive and popular ones are the best, but other people find a more obscure but trustworthy attorney based on achievements.

As the justice system is resilient, you should keep up by finding an attorney who will handle your DUI case fast. It can be difficult to find the best one because of the time pressure, so you should look for the fittest one instead.

Finding the right one to ask

Before you run down your burning questions, you should find a DUI attorney to contact first. You can start by seeking referrals from people who have worked with attorneys before; however, there are also other factors that you need to consider to ensure that you’re not just wasting your time.

Don’t get carried away by trend

Make sure you deduce properly and don’t rely on who’s hot on the law scene. Sometimes the glitz can be deceiving.

Set aside issues of costs for a minute

Sometimes, the expensive ones are expensive for a reason. If you can stretch it, take into consideration choosing a high-priced DUI attorneys – it might be just worth it!

Make a list and narrow down

Do a thorough research on the background and achievements of the DUI attorneys before making a list of the most qualified ones. However, don’t go overboard in numbers.

If you have contacted several DUI attorneys and made arrangements for a face-to-face meeting, it’s time to know what questions you should be asking:

Specialization and practice areas

Even if you did your research about a certain attorney, it’s better to hear about him right from his mouth. Not all attorneys can handle a DUI case so make sure you ask about their specialization, the law school, the training they took, the duration of their experience, if DUI is their prime practice area, and how many DUI cases they take a year.

You can also ask about their relationships with attorneys in the prosecutor office. A DUI attorney who knows the inner workings and gets along with prosecutors can help minimize the magnitude of your case.

Assessment of your case

When face-to-face with a DUI attorney, make sure you have all necessary documents regarding the DUI case to ensure that the attorney can properly assess and answer your questions about your chances. Subsequently, ask questions about court processes, factors which will and will not work for you, and what outcome he or she can guarantee you.

How much are we working together?

At times, the DUI attorneys will not be working with you all the time. Ask them how much you can discuss with them or if they will be the ones to defend you on court. You can also ask them if you’ll be handled by a different attorney under their firm and if you can talk to them separately.

Fees

Don’t hesitate to ask about fees as it’s a big deciding factor for both you and the DUI attorney. Ask the attorney about his or her charges. Is it an hourly or a flat fee rate? Likewise, inquire about payment plans, additional legal fees, and modes of payment. You can negotiate to get the best deal.

To make sure you acquire the best DUI lawyer for your case, take your time and let your natural acumen do wonders! One reliable attorney who you can get outstanding help from is Attorney Ross Goodman, a DUI attorney based in Las Vegas! Contact him now and face the case with better confidence!

4 Types of Checkpoints You Might Encounter in the US

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

Different checkpoints have different purposes but their main goal is to enforce the law and to ensure that citizens would comply with the law. Here are some types of checkpoints that you might encounter in the US.

Sobriety Checkpoints

1This type of checkpoint is where officers usually check if the driver is impaired from drinking or from other substances. This is where DUI arrests usually happen. Usually, you would see sobriety checkpoints during the time when DUI/DWI cases are rampant such as holidays, weekends, events within the area, etc. (Source: AAA DUI Justice Link)

Witness Checkpoints/Information-seeking Checkpoints

5The purpose of this checkpoint is not to catch criminals. Their purpose is to gather information from about recently committed crimes within the area. Policemen usually ask for assistance from the public in identifying vehicles or people that could be involved in a crime or accident. (Source: Criminal Procedure by Joel Samaha)

Driver’s License Checkpoints

6The objective of this checkpoint is to make sure that the driver’s license of the motor vehicle driver is not fake nor expired. It could be unconstitutional if the checkpoint does not have legitimate reason for setting up the checkpoint. It could only be constitutional if the driver’s license checkpoint was conducted in a predesignated manner. (Source: The Police Chief)

Border Patrol Checkpoints

7

These checkpoints are usually located in hidden areas. But you could expect them in several parts of northern and southern Border States such as California, Texas, Arizona, Alaska, Michigan, New York, and many others. This type of checkpoint usually requires drivers to verify their residence status or present documents that prove their right to be in the United States. (Source: ACLU)

Just remember, the authorities are allowed to use roadblocks for specific purposes. The legality of a checkpoint depends on its primary purpose. For instance, a general crime control checkpoint is a Fourth Amendment violation because it is not valid.

Advice for DUI Checkpoints

DUI roadblocks or checkpoints can be a source of annoyance for everyone, and a cause of concern for those who have been drinking, even if their alcohol consumption was minimal. This article was written to help drivers prepare in advance so they know what to do if they encounter them during their travels.

If you encounter problems, especially if you believe that you were not driving under the influence or well below the limit, a  DUI lawyer can help you defend your rights.

DUI checkpoints are frequent during events, the holidays, weekends, and late evenings

It’s a given that police will set up these DUI roadblocks whenever large groups of people will be involved. Otherwise, they’ll be setting their trap in locations with heavy vehicle traffic, or places where bars, or restaurants are frequent. Avoid going to these locations if you don’t want to run into these roadblocks.

The police usually announce when and where they’re planning to put up roadblocks

The police are not required, but they usually notify the public if they’re setting up checkpoints in the future. People have used this fact to inform other drivers about the locations of these checkpoints using social media or applications. If you encounter a checkpoint that’s random or unannounced, or have failed to follow the strict rules and guidelines for a stop, it may be illegal.

Turning away from DUI checkpoints, not illegal, but not a good idea either

While there’s nothing illegal if drivers turn away from checkpoints, it only gives the police a reason to chase them anyway. Most likely, police officers will stop these drivers using other reasons (i.e. traffic violations), so it’s often wiser to pass through the stop even though it’s a hassle.

Changing drivers before DUI stops

Changing drivers is ill-advised because the police will likely notice the change, and other drivers may also mention this fact to the police.

Driving through DUI roadblocks is illegal

Of course, driving through a DUI roadblock without stopping is illegal, and the driver may face legal penalties and jail time.

Knows your right! – Here is a Viral Video of a DUI checkpoint.