Category Archives: DUI Nevada

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!

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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.

General Info about DUI in Nevada

In Nevada, driving under the influence is a serious crime – anyone who has committed DUI can be arrested, convicted, and face harsh penalties. If you or someone you know were arrested for DUI in Las Vegas, then please contact an attorney at once. The intent of this article is to inform and educate, and should not be taken as legal advice or counsel.

How arrests happen

DUI cases always start with the arrest, which is caused by a police officer having a reasonable suspicion that a driver is committing DUI. For example, the officer may notice the driver’s erratic driving (i.e. swerving or stopping/starting randomly) or they took action because they have received reports from the police dispatcher about someone driving while intoxicated.

DUI is not limited to alcohol or land vehicles

People may not know that DUI is not only limited to alcohol; it also applies to drugs too. Furthermore, DUI is also not limited to land vehicles such as cars; one can be arrested for boating while intoxicated.

DUI – different names, same meaning

DUI is also known as driving under the influence, driving while intoxicated (DWI), intoxicated driving, and inebriated driving.

DUI is composed of different laws

While “driving under the influence” seems descriptive enough, it does not take into account other factors like a person’s alcohol tolerance, or their reactions to various drugs; therefore, various laws exist to support DUI:

Illegal Per Se Law – Alcohol consumption means the alcohol will eventually end up in the consumer’s breath, urine, or blood. As a result, various tests and equipment have been created to measure the defendant’s blood alcohol content or BAC and suggest a legal safe limit.

The maximum BAC level for most drivers is 0.08%, but commercial drivers have a legal limit of 0.04%. Minors (below 21 years old) have a lower BAC limit, with a maximum of 0.02%.

Implied Consent Law – As soon as a driver gets behind the wheel, they automatically imply that they have given their consent to be tested for their BAC. If the driver refuses, the police can arrest them or even use force to take blood or breath samples from them.

Open Container Law – This law makes it illegal to have any open alcoholic beverages in the vehicle, even if the driver wasn’t planning on drinking it.