Tag Archives: Goodman Law Group

Defense Strategies Used by DUI Lawyers in Las Vegas

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

DUI lawyer

A defense attorney formulates concrete defense strategies for his clients. This is to assure that the DUI case will be dismissed. Here are some of the common defense strategies that DUI/DWI lawyers use:

Involuntary intoxication

There are some situations that the driver gets intoxicated without his knowledge. The driver was given a drink that has more alcohol content than he/she actually thought. The driver (or the defendant) must be able to prove in court that he/she is not liable for his/her own intoxication.

Failure to read Miranda rights to the driver

This can be used in several circumstances such as when the authorities started to interrogate the driver or when the driver was brought into custody even without reading the Miranda rights to him/her.

Other causes of high reading in breathalyzers

There are times that breathalyzers read the alcohol level inaccurately. Some of the reasons of such include acid reflux or heart burn which causes the driver to blow mouth alcohol instead of alveolar air from the lungs. Braces, cavities, dentures and denture adhesives, food impactions, etc. can also cause mouth alcohol. Using of breath spray, cough syrup or cold medicine before breath tests can also affect the results.

Unjustified DUI Stop

A lawyer uses this defense if the arresting officer could not provide a legitimate reason for asking the driver to pull over or reasonable suspicion that the defendant committed a traffic violation caused by alcohol intoxication. If the officer cannot provide justified reasons for the DUI traffic stop, the DUI case will be dismissed.

Other factors that can cause poor sobriety tests results

An officer administers a field sobriety test if a driver is suspected of driving under the influence. There are some instances when the driver struggles in completing the test because of certain conditions like flashing lights due to traffic, cold temperature, uncomfortable outfit or the test area is too dark. Anxiety or nervousness because of the situation could also cause the driver to fail the test.

The symptoms of intoxication have rational explanation

Common signs of intoxication are slurred speech, flushed face or bloodshot eyes. But there are instances when these signs are not caused by alcohol intoxication. Bloodshot eyes can be caused by allergies or fatigue. Flushed face can be caused by embarrassment, nervousness or other types of emotions. Slurred speech could be caused by some health disorders.

Advertisements

Prescription and Over-the-Counter Drugs That Could Get You a DUI/DWI Charge

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


1

Illegal drugs and alcohol are not the only substances that can affect drivers. Over-the-counter and prescription drugs can also impair drivers on the road. Here are some types of prescription and over-the-counter drugs that could cause a driver’s impairment:

OVER-THE-COUNTER DRUGS

Antihistamines

This type of drug comes in pills, tablets, capsules or liquids that are used to treat allergies. A driver who took an antihistamine could have slow reaction time while driving any may have impaired coordination.

Analgesics/non-steroidal inflammatory drugs

Pain medications usually don’t have side effects. Some people that have taken ibuprofen in the right dosage do not feel any effects such as dizziness and drowsiness. However, people who are a bit older or people who have taken a higher dosage of analgesics may experience impairment. One option is to ask your physician for a prescribed analgesic that doesn’t have any side effect.

Cough and cold preparations

Decongestants are the most common cure for colds. Most decongestants can cause drowsiness and blurry vision that could affect drivers while driving. Only some people can afford prescription medicines in treating allergies that cause colds. Prescribed medicines for allergic rhinitis are non-sedating, unlike over-the-counter drugs that could cause different effects to the driver.

Anti motility agents

Most anti-diarrheal loperamides have labels that advise people to be cautious while driving or operating machinery after drinking the drug. Although it is just an opioid receptor, loperamide can cause drowsiness and dizziness.

Sleeping aids

Some people suffer from insomnia that is why they turn to sleeping aids. It could have instantaneous effect or may kick in after a while. But its effect and its purpose is to help people sleep. Even after waking up from a sleep, residual effects of sleeping pills may impair drivers.

PRESCRIPTION DRUGS

Anxiety drugs

Medications for anxiety usually reduce brain activity as part of the treatment. The common effects of this type of drug are clumsiness and lack of energy which could be dangerous for people who are driving. Other effects include blurred vision, impaired judgement and confusion.

Antidepressants

Some anti-depressants are sedating. They could have similar effects like that of taking an alcohol.

All of these drugs are legal. Some people really need to take them for treatment but irresponsible use may cause danger on the road. If you are taking medicine, determine or examine yourself if you can really drive smoothly. In case you need a DWI defense attorney, Attorney Ross Goodman can provide you excellent legal services. Just call (702) 383 – 5088 for a free consultation.

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.

Nevada DUI statistics

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

crashed car

Mothers Against Drunk Driving (MADD) and the Foundation for Advancing Alcohol Responsibility (FAAR), two of the nation’s largest drunk driving advocates, released the statistics regarding DUI-related incidents in Nevada. Here are the data given to us by the organizations:

***Note the data provided are from the year 2012. There are no data released yet for the current year (2014). These however, may serve as a reference. We will update this blog post as soon as the new data are released by both organizations.

Total DUI fatalities: 82

  • People Under 21 DUI fatalities: 9

The 82 DUI related fatalities represents 30% of all the traffic deaths in Nevada. It means that one-third of motor vehicle related fatalities involves DUI. There are 9 cases of DUI fatalities that involves minors. Persons who are involved with DUI related fatalities will be charged with Category B Felony.

Offenders under Category B Felony shall be punished with imprisonment of not less than 2 years but not more than 20 years, plus fines between $2,000 and $5,000.

 

DUI-related fatalities that involves BAC of 0.15 or higher: 62

Out of 82 DUI related fatalities mentioned above, 62 involves people who have a BAC of 0.15 or higher. The data states that drivers who drive with a BAC of 0.15 or higher are prone to fatalities.

 

Percent of DUI-related vehicle crashes that involves repeating offender:

  • BAC of 0.08 – 0.14: Nil
  • BAC of 0.15 or more: 100%

Repeating offenders are found out to have a BAC of 0.15 or more. There are many reasons that can contribute to this factor. Some of them include:

  • The offenders are too drunk to drive properly (BAC of 0.15)
  • Due to the effects of alcohol, the offender may have forgotten that he is under probation.
  • The offenders did not participate in an alcohol treatment program.

Total DUI-related arrests: 11576

  • Minors (17 years old and below): 76

There are over 11,500 people who are arrested in Nevada alone. Over 70 people who are arrested for DUI involve minors (source FBI Crime Report). Note that the data include only those people who got arrested. There are people who drive under the influence of alcohol who didn’t get arrested.

Are you charged with DUI? Hire a Lawyer

DUI is a serious offense that requires immediate legal consultation from a prominent DUI lawyer. It carries severe penalties and can leave a permanent criminal record to the offender. Attorney Ross Goodman has defended numerous DUI cases that are dismissed by the court. He can help you turn the results of the case in your favor – either the penalties in the case will be reduced or the case will be dismissed. Call his office at (702) 383 5088 for a free legal consultation.