DMV demerit point system

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

Dashboard of a car

DMV, in an effort to promote good driving practice, has implemented a demerit point scale system. A person will be given a “point” by committing a driving infraction (i.e. reckless driving, speeding, driving too slowly). If a person accumulates 12 points within a year, his or her license would be suspended for 6 months. Each infraction has a certain point attached to it. Below are some of the infractions with their corresponding points:

Infraction Point(s)
Driving while impaired 7
Breaking the “open container law” 5
Hit and Run – Render aid after accident 6
Reckless Driving – Drag racing, speed contest, etc 8
Careless Driving 6
Use of Phone while driving (2nd offense) 4
Disobeying stop signs or traffic lights 4
Failure to dim headlights 2
Following too closely 4
Improper lane 2
Over speeding ( 10 mph over the limit) 1
Over speeding ( 20 mph over the limit) 2
Over speeding ( 30 mph over the limit) 3
Over speeding ( 40 mph over the limit) 4
Over speeding (41 mph or more over the limit) 5
Driving on the wrong way 4
Unsafe backing 2
Improper U-turn 3
Failure to yield row to emergency vehicles (Fire truck, ambulance, police, etc) 4

A written notice will be mailed to the person if the 12 points has been accumulated. The person would be given a chance to appeal for the license suspension. However, a person who is charged with “driving under the influence” will automatically face license suspension.

If you still want to retain your driving privileges, an experienced DUI/DWI attorney can help you. Attorney Ross C. Goodman can help reduce your penalties or have the case dismissed. Contact his office at (702) 383 – 5088 for a free legal consultation.

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

The Open Container Law in Nevada

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

goodman law group

picture of a judge hammer, alcoholic drink and car key

Nevada is one of the many states in the United States that implements “Open Container Law”. According to 23 U.S. Code 154, “the state should prohibit the possession of any open alcoholic beverage container, or the consumption of any alcoholic beverage, in the passenger area of any motor vehicle (including possession or consumption by the driver of the vehicle), while driving a vehicle on a public highway, or the right-of-way of a public highway.”

To understand the law better, let us first discuss the legal definition of the following terms:

  • Alcoholic beverage – This is classified in the Section 158 of the US Code as: Beer or wine of not less than 0.5% of alcohol by volume and distilled spirits.
    • Beer, as defined by the law includes “beer, ale, porter, stout, sake, and other similar fermented beverages containing 0.5% alcohol volume or more. Brewed or produced from malt, wholly or in part”.
    • Distilled Spirits – they are also known as ethyl alcohol, ethanol, or spirits of wine in any form. They are commonly known as brandy, whisky, rum, or arrack.
  • Open alcoholic beverage container – this includes any bottle, can, or other receptacle that contains “any” amount of alcoholic beverage, open or has a broken seal, and the content are partially removed.
  • Motor Vehicles – these are vehicles driven or drawn by mechanical power and manufactured primarily for use on public highways. In the state of Nevada, motor vehicles that are designed to transport many passengers has certain privileges (the state allows the passengers to consume alcoholic beverages). These include buses, taxis, limos, house trailers, vans, etc.

Let’s go back to the Law. The law states that:

  • Possession of any open alcoholic beverages is prohibited – This means that an opened beer, ale, brandy, whisky, rum, or arrack, sake while driving a vehicle, can get you charged with DUI. This includes empty cans or bottles.
  • In the driver seat and passenger area of any motor vehicle – This includes any area in the vehicle that is designed to accommodate the driver and the passengers. Some examples include glove compartment, in-front of the speedometers, pocket at the back of the front seat, etc.
  • The law applies to all the people inside the vehicle – It means that it is not legal for any of the passengers to possess or consume alcohol while inside the vehicle. Passengers inside a motor vehicle that is designed to transport many passengers are exempted from this law. (See the definition of Motor Vehicle for the list of vehicles) 

Charged with DUI?

If you know someone who is charged with DUI in Las Vegas, consult a DUI/DWI defense attorney as soon as possible. Ross C. Goodman is well-experienced in defending DUI charges. He can provide the client with legal advices that can turn the results of the case into the client’s favor. Contact the office of Goodman Law Group at (702) 383 -5088 for a free consultation.

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.

goodman law group

DUI Glossary of Terms

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

11

There are many commonly used terms in DUI/DWI cases. If you are charged with a DUI/DWI case, understanding these terms is necessary. Most of these terms can be found on the arrest warrant, court orders, evaluation centers, etc. This article will help you understand the basics of each term. If you want to know more about them, ask a DUI lawyer to further discuss with you the specific term that you want to understand. Here are some of the DUI/DWI terms:

Absorption Rate – This is the rate at which the alcohol is absorbed into the blood stream. The rate varies between individuals depending on several factors. These factors include: the type of beverage consumed, metabolism rate, size and weight of the person, etc.

Administrative License Suspension – This is the suspension of license by the Nevada DMV. A grace period of 7 days is given to the offender to request for a hearing. If after 7 days and there was no appeal for a hearing. The license would be revoked for a period of 90 days.

Blood Alcohol Content (BAC) – This is the amount of alcohol in the blood stream. The amount is measured in percentage. It is measured either through breath, blood or urine. The standard BAC limit in Nevada is 0.08%.


Blood Test – This type of test requires blood to be drawn from the subject. It is taken from the police station or is approved by a blood testing facility.

Breath Test – There are two types of breath test. The first type is the Preliminary Breath Test, a test taken shortly after being pulled over by the police officer. The second type of breath test is the Evidentiary Breath Test. It is a test that is used in court to prove the DUI allegations against the offender.

Breathalyzer – This is a machine that is used to analyze the Blood Alcohol Content in a person. The common type of machine that is used in Nevada is the Intoxilyzer 5000EN.

Chemical Test – This type of test is done to measure the alcohol or drug concentration in a person’s blood, urine, or breath.

Commercial Vehicle – This is a vehicle used for business purposes. Some examples of a commercial vehicle are trucks, delivery vans, buses, school buses, taxis, minivans, and more.

Community Service – This is done in lieu of the jail time charged against the offender. The task includes picking up trash and garbage, sweeping the sidewalks, helping in construction sites, repairs and maintenance, etc.

Conditional License – This is a license granted by the DMV for fulfilling a DUI course, installing an Ignition Interlock Device, or alcohol treatment programs. Condition license allows the offender to drive “to and from” specific places such as work, schools, hospitals, and home.

DUI Schools – The court may order the DUI offenders to be sent to DUI schools. These schools offer alcohol treatment programs, seminars and lectures that are targeted to cure the alcohol addiction of a person.

DWI – It also means Driving While Intoxicated. This is just another term for DUI.

Field Sobriety Test (FST) – This is a physical and mental coordination test that is done to evaluate the person of a possible DUI. The common FST tests in Nevada are: Horizontal Gaze Nystagmus, One-legged stand and Walk-and-Turn.

Ignition Interlock Device (IID) – This is a device that prevents a vehicle from starting if the owner has reached a pre-set BAC limit – 0.02 in Nevada. The owner has to use the IID before he or she can start a vehicle. The court of Nevada may order the installation of an IID if the offender was found to have a BAC of 0.18 or more.

Implied Consent Law – This law states that people have already given the consent for a chemical test once they stepped into a vehicle.

License Revocation – It means that the license has been permanently cancelled. The person is eligible to apply for a new license after a period of time.

License Suspension – It means that the driving privileges are suspended for a specific period of time. Driving privileges would be re-instated after a period of time. If a person is charged with DUI in Nevada, the license suspension will start after the day of the arrest.

Open Container Law – In Nevada, having any opened alcoholic beverage inside the car is illegal while driving. Any person who violates this law may be charged with DUI.

Provisional License – It is a kind of license that has certain restrictions. It acts the same as a conditional license.

Urine test – Among the three chemical test, this is the least priority. A urine test is done only if blood and breath test cannot be performed.

Charged with DUI? Hire Attorney Ross C. Goodman as your defense lawyer. His experience and skills in defending DUI cases are unmatched. He can reduce the penalties for your case or have your case dismissed. Contact the office of Goodman Law Group at (702) 383 – 5088 to avail a free legal consultation.