Category Archives: Uncategorized

DUI Offenses: Common Questions and Answers Part I

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

4

Here are the common questions about DUI. We also aswered them for your reference.

  1. How does an officer search for drunk drivers on the highways? What does an officer look for?

Listed below are the symptoms that a vehicle is drived by a person who is under the influence of alcohol.  The list is based from the research conducted by the National Highway Traffic Administration:

  • Turning with a wide radius
  • Straddling center of lane marker
  • “Appearing to be drunk”
  • Almost striking an object or vehicle
  • Weaving
  • Driving on other than designated highway
  • Swerving
  • Speed more than 10 mph below limit
  • Stopping without cause in traffic lane
  • Following too closely
  • Drifting
  • Tires on center or lane marker
  • Breaking erratically
  • Driving into opposing or crossing traffic
  • Signaling inconsistent with driving actions
  • Slow response to traffic signals
  • Stopping inappropriately (other than in lane)
  • Turning abruptly or illegaly
  • Accelerating or decelerating rapidly
  • Headlights off

Note: Speeding is not a symptom of DUI and may indicate sobriety because of quicker judgment and reflexes.

  1. If stopped by a police officer and asked if you have been drinking , what is the best possible response, regardless of whether you have been drinking or not?

A polite “I would like to speak with my lawyer before I answer any questions,” is a good reply.  On the other hand, saying that you had one or two beers is not incriminating – it may explain the smell of alcohol in your breath.

  1. What is the officer looking for during the initial detention?

The traditional symptoms of intoxication taught at the police academies are:

  • Flushed face
  • Red, watery, glassy and/or bloodshot eyes
  • Odor of alcohol on breath
  • Slurred speech
  • Fumbling with wallet trying to get license
  • Failure to comprehend the officer’s questions
  • Staggering when exiting vehicle
  • Swaying/instability on feet
  • Leaning on car for support
  • Combative, argumentative, jovial or other “inappropriate” attitude
  • Soiled, rumpled, disorderly clothing
  • Stumbling while walking
  • Disorientation as to time and place
  • Inability to follow directions

 

Are you looking for an experienced drunk driving defense lawyer? Contact Atty. Ross Goodman at (702) 383 – 5088 for a free legal consultation. You can also ask questions at Avvo.

Advertisements

How Can Cocaine Affect Your Driving?

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

cocaine

Cocaine has a serious effect on a person’s motor and body coordination. Its intoxicating chemicals directly affect our central nervous system. A minuscule amount (10mg) of cocaine is enough for a person to feel its effects. Our Nevada laws on Driving While Intoxicated place strict restrictions on cocaine consumption. A person who violates the law would face serious penalties and charges.

Let us find out the effects of Cocaine in relation to driving.

  • The person would feel that he is in control, but actually isn’t.

This can be fatal as the person would feel that there is nothing impaired with his or her driving skills (Over-confidence). This can result to: over-speeding, over-turning, or collision with other vehicle/s due to poor judgment.

  • Stroke & Unexpected seizures

This is common for high dosage consumption. Cocaine constrict the blood vessels in the brain, which can result in a seizure or worse, stroke. Seizure while driving is extremely fatal.

  • Euphoria and Hallucinations

Cocaine blocks the normal breakdown of “dopamine” in the body. This leads to increased chemical levels in the brain, resulting in stimulation of the pleasure center. This stimulation in the pleasure center can trigger an intense form of euphoria, which could lead into day dreaming and hallucinations.

  • Anger & Hostility

This happens after Euphoria has settled down. Increased hostility levels can result in increased impulsiveness and carelessness on the road.

A person who is caught driving under the influence of cocaine are subject to harsh penalties. The penalties range from 2-day imprisonment up to 20 years, plus fines of up to $5,000.

 

Are you facing Driving Under the Influence of Drug Charges?

Attorney Ross C. Goodman

If you are charged with DUI, hire Attorney Ross C. Goodman as your defense lawyer. He is flat-out shark, smart, and has decades of experience in defending criminal defense cases. He has defended numerous clients, including high-profile cases like Nick Diaz’s marijuana case, Wanderlei Silva’s drug testing case, Crystal Williams’ case, and more.

What to ask before hiring a DUI lawyer?

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

what to ask before hiring a dui lawyer

People who are accused of DUI/DWI should hire a drunk driving defense attorney. The question is, who is the right DUI lawyer to work with? Consider asking the following questions to your prospect lawyers for you to determine who among them is the one you should hire.

  1. What areas of law do you specialize in?

Every lawyer has distinct areas of expertise. Criminal defense lawyers can handle different types of criminal cases, but some of them do not specifically focus on clients with DUI charges. Before hiring a DUI lawyer, make sure that a large percentage of the lawyer’s practice (cases handled) is focused on DUI and other related charges. This can provide you an assurance that he can assist and represent you effectively in court.

  1. What are your experiences in handling DUI cases?

It is essential that you choose a lawyer who has a genuine experience in handling DUI cases. You may ask your potential lawyer about his/her previous DUI cases and his relationship with the judges who handle the DUI cases. You may also ask how often the lawyer handles DUI cases in court. Additionally, ask if the lawyer has knowledge and experience in administering breathe tests and field sobriety tests.

  1. Can you assure me of a definite result?

In any criminal case, including DUI, no lawyer can ever assure a client of a definite result. Lawyers have ethical obligations to their clients. Giving a certain outcome to a client, especially if it’s the first interview, violates such ethical obligations. Hence, a legitimate DUI lawyer will inform you about the courtroom scenarios and the possible defenses available, based on his/her experience with cases alike in the same prerogative.

  1. How much are your legal fees?

Most DUI lawyers have two rate charges: flat fee or hourly basis. You should ask your potential DUI lawyer what is covered in the legal fees, the payment options and the other related legal expenses. Asking these things will help you deter if the DUI lawyer is willing to work with you and your budget or not.

goodman law group

If you or someone you know is charged with DUI, a well-experienced DUI lawyer like Attorney Ross Goodman can help you with your case. His experience and level of expertise in handling DUI cases is extensive. Most of the cases that he handled resulted either to reduction of charges or dismissal of the case. In fact, he is the lawyer with the most number of Not-Guilty verdicts in Las Vegas. Contact his office at (702) 383 -5088 for a free consultation.

Different BAC level and Their Effects

The effects of alcohol vary between individuals. Below is the list of the common effects of alcohol based on certain BAC levels.

BAC LEVEL Effects
0.02% – Relaxation

– Slight Euphoria

– Mild loss of visual function

– Mild loss of ability to perform simultaneous tasks

– Mild loss of judgment (I.E. Distance between cars)

0.04% – Euphoria

– Talkativeness

– Decreased body coordination

– Lowering of caution (the person may be a careless driver at this point)

– Inability to concentre (The person may be too busy talking or doing something else)

– Decrease in ability to track moving objects.

0.07% – Poor muscle coordination

– Poor muscle control

– Poor judgment

– Disinhibition

– Loss of Peripheral Vision

– Impaired Glare Recovery (Glare recovery is important at night. Especially on dark roads where a headlight from another car can easily blind you)

– Poor reaction time

– Poor hearing

0.10% – Major loss of body coordination

– Reaction time is greatly impaired

– Difficulty in maintaining lane position while driving.

0.15% – Blurred Vision

– Significant loss of balance.

– Significant loss of Vehicle Control.

– Significant impairment of judgment and perception.

– Euphoria starts to disappear. Dysphoria (depression, anxiety) symptoms are now evident.

– Vomiting (It is dangerous if the person vomits while driving. It could lead to unexpected braking or over-speeding)

0.16% – Nausea
0.20% – Sleepy state, nearly unconscious, unresponsive

– Loss of understanding

– Total loss of vehicle control

– Total loss of judgment, body coordination, reaction time, muscle control, balance)

– There is a high-chance that the person may pass-out

0.25% – Risk of asphyxiation
0.30% – Stupor ( motionless, mute)

– Unconsciousness

– Central nervous system depression ( decreased heart rate, breathing)

– Possibility of coma

0.40% – High risk of coma

– Possibility of Death

0.50% – High risk of Alcohol Poisoning

– Possibility of Death

Driving under the influence of alcohol carries severe penalties. Such penalties can range from misdemeanor up to felony charges. The court may also order the accused to install Ignition Interlock Devices, order the offender to submit into alcohol treatment programs and more. If you know someone who is charged with DUI, ask him to talk to a competent DWI defense Lawyer like Attorney Ross Goodman. His contact information can be seen below:

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

goodman law group

Requirements of an Evidentiary Breath Test

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

evidentiary breath test

There are two types of Breath Test for people who are suspected of committing DUI in the state of Nevada: the preliminary breath test and the evidentiary breath test. Anyone who failed the preliminary breath test must submit to an evidentiary breath test. An evidentiary breath test is used to prove that the person is driving under the influence of alcohol. It is done in the police station.

If you are charged with DUI and the police requires you to submit into an Evidentiary Breath Test, consult with DUI Defense Attorney Ross Goodman as soon as possible. This will assure you that the test is done accurately.

According to NRS 484C.200, there are certain requirements that need to be met before the result of an Evidentiary Breath Test can be considered valid.

  • It can be done only if 2 consecutive samples of the person’s breath are taken.

Failing 2 consecutive breath samples means that the person also failed a preliminary breath test (PBT) “twice”. The breath test must also be taken consecutively. This means that if the person failed the first test but he passed the second test, an evidentiary test will be rendered invalid.

  • The difference between 2 consecutive samples is less than or equal to 0.02.

If the result of the other same is more than 0.02 that the other, it will render the person invalid for an evidentiary test.

  • If the difference between 2 consecutive samples cannot be evaluated, i.e. the first or second test showed an error, a third test may be performed.

The difference of the third evidentiary test and the first or the second test, whichever is possible, must be equal or less than 0.02.

  • If the result of the third test cannot be obtained or is invalid, a fourth test can be administered.

According to Nevada’s law, the fourth test must be a “blood test”.

  • If the person failed to provide a valid sample of the second or third test, or if the person refuses to submit to a fourth test, the first test can be used to establish a valid alcohol concentration level.
  • If the person refuses or fails to provide a second or third sample, or if the person fails to submit to a fourth test, the police officers are allowed to use a reasonable force to obtain a sample from him

Remember that a prominent DUI lawyer can help you win a DUI case. Ross Goodman has an extensive experience on defending DUI cases. He can reduce the penalties for your case or even convince the court to dismiss your case. Contact his office at (702) 383 – 5088 for a free legal consultation.

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.