Las Vegas Criminal Defense Blog

Assemblywoman Sheila Leslie, D-Reno, would like more (if not all) people convicted of drunk driving to be required to have interlock devices installed in their cars. She says, "It makes people stop and do something before they drive. The inconvenience of that is a constant reminder of the problem of drinking and driving." Currently under Nevada DUI law, first and second time DUI offenders with a BAC of below .18 are usually not ordered to have interlock devices installed in their car.

Nevada DUI law makes it a crime to drive with a BAC of .08 or above or while impaired by alcohol. As long as no one gets seriously hurt or killed, a first and second DUI in a seven-year period is prosecuted as a misdemeanor. But a third DUI or any DUI resulting in serious injury or death is prosecuted as a felony.

A breath interlock device is a small machine attached to a car's dashboard which tests the driver's breath before he/she drives, and it disables the car from starting if it detects too much alcohol in the driver's system. The DUI offender is responsible for paying for it, which usually includes a $100 installation fee and a monthly maintenance fee of $70. Currently states such as California, New York and New Mexico require interlock devices for all DUI convictions.

For more on this story about Nevada DUI law go to: http://www.rgj.com/article/20101019/NEWS/10170374/1321/news.

Last week ten people were booked on drug charges after a six month investigation by law enforcement in Carson City and Lyon County into an alleged drug trafficking ring connected to Mexico. Authorities say that this organization has distributed cocaine, marijuana and methamphetamine to Virginia City, Fallon, Silver Springs, Dayton and Carson City. The arrests resulted in more than $250,000 worth of meth being seized. Most of the ten people arrested face serious trafficking charges, but one was booked for only the lesser Nevada crime of unlawful use of a controlled substance.

The Nevada crime of unlawful use of a controlled substance makes it illegal to deliberately use or be impaired by a controlled substance. Common defenses to this crime include lack of intent, that the drug was legal, or that the accused had a legal prescription. You can be arrested for this crime even if you're not out in public when you take and/or are under the influence of the drug.

The penalties for committing the Nevada crime of unlawful use of a controlled substance depends on the type of drug involved. If it's a schedule I-IV drug, it's a category E felony carrying one to four years in prison. If it's a category V drug, the sentence carries a maximum one year behind bars and maybe up to $1,000 in fines.

For more on this story, go to http://www.nevadaappeal.com/article/20101021/NEWS/101029946/1010&parentprofile=1058.

In Carson City District Court a twenty-one year old man was sentenced for battery with intent to commit the Nevada crime of robbery. He allegedly pulled off a man's pants to take the $400 out of his wallet. He received 28 to 96 months in prison

The Nevada crime of robbery is the unlawful taking of personal property from the person of another (or in their presence) by force, violence or fear of injury. Robbing (mugging) is different than larceny from a person (pick-pocketing) in that the latter requires no use of force or violence. Typical defenses include false allegations and mistaken identity.

The Nevada crime of robbery is a category B felony, carrying 2 to 15 years in prison. The judge may also enhance the sentence if a deadly weapon was used. Double jeopardy usually bars someone from being convicted of both robbery and battery in the same case.

Last month a Reno man who's charged with killing his stepson and wife's grandmother was slapped with the additional charge of committing the Nevada crime of battery on a peace officer. He allegedly punched a deputy in the face while in his cell. The deputy did not sustain serious injuries.

The Nevada crime of battery on a peace officer makes it illegal to deliberately touch a police officer in a violent or unlawful way. This law also applies to firemen, corrections officers, and judges. A defendant cannot be convicted of this crime unless the officer was in the course of performing their duty at the time of the incident and the defendant knew (or should have known) that the victim was a peace officer.

Typical defenses to the Nevada crime of battery on a peace officer include lack of intent, accident, and lack of knowledge that the victim was a peace officer. If no substantial bodily harm occurred and the battery didn't include strangulation, it's charged as a gross misdemeanor carrying up to $2,000 in fines and/or up to 1 year in jail. Otherwise, it's a category B felony carrying up to $10,000 in fines and/or two to ten years imprisonment.

The Nevada Supreme Court recently ruled that “necessity” is a viable defense under Nevada DUI Law. If the defendant can demonstrate that his/her conduct (driving under the influence) represented “the lesser of two evils” and that the defendant’s actions did not contribute to the emergency, the DUI charges may be dismissed. The Court wrote, “Since the Nevada Legislature has not precluded the use of necessity as a defense; we conclude that it is available and can be asserted in a DUI violation.”

Nevada DUI Law makes it a criminal offense to operate a car while under the influence of alcohol and/or with a BAC of .08 or above. If a policeman pulls you over on a traffic stop and suspects you’ve been drinking, you may be asked to submit to a preliminary breath test and various field sobriety tests. Depending on the result of the tests, the policeman may then arrest you and you’ll be given the choice of taking a breath test or blood test.

The penalties for violating Nevada DUI law depend on the severity of the case. If no one got hurt and it was your first or second DUI in seven years, then it’s just a misdemeanor. Otherwise, it’s punished as a felony.

This weekend the owner of Las Vegas's Palms Casino Resort was arrested while driving near his home for allegedly violating Nevada DUI Law. His BAC was .0866, which is just slightly over the legal limit. He reportedly admitted to having four beers.

Nevada DUI law makes it a crime to drive with a BAC of .08 or above even if the driver is not impaired by the alcohol. Conversely, someone may still be arrested for DUI if their BAC is below .08 as long as their driving is impaired by alcohol. When someone is pulled over on suspicion of drunk driving, they may usually elect to take a blood test or a breath test.

Violating Nevada DUI law for the first time and with no injuries is just a misdemeanor, and the typical plea bargain includes $585, DUI School, a Victim Impact Panel, a suspended six month jail sentence, and a three-month license suspension. A second DUI within seven years is also a misdemeanor, but it requires mandatory jail time, higher fines, a more intensive alcohol program, and a year-long license suspension. A third DUI in seven years is an automatic felony, carrying one to six years in prison, $2,000 to $5,000 in fines, a three-year license suspension, a breath interlock device installed in your car, a drug/alcohol evaluation, and a victim impact panel.

Earlier this month a woman from Elko was found guilty of violating Nevada child abuse law stemming from the 2005 death of her seven-month old daughter by starvation. She was originally convicted in 2006 but was granted a new trial. The next two trials ended in hung juries.

Nevada child abuse law makes it a crime to abuse, neglect or endanger a child. It is permissible to use reasonable corporeal punishment, but nothing excessive. Emotional abuse, such as brainwashing a child or not allowing them to go to school, is considered child abuse as well.

Common defenses to child abuse charges are accident, self-defense and lack of intent to harm. Penalties for violating Nevada child abuse law depend on whether the abuse was willful, whether substantial harm occurred, whether the harm was sexual, the child's age, and whether the accused is a repeat-offender. Charges can range from Category A felonies with a possible life sentence to gross misdemeanors with possibly no jail time at all.

For more on this story, go to: http://www.lvrj.com/news/elko-woman-found-guilty-in-starvation-death-of-infant-104231864.html

Last month Floyd Mayweather, Jr., was charged with robbery, harassment, grand larceny as well as violating Nevada battery domestic violence law stemming from an alleged fight he had with an ex-girlfriend in Las Vegas. He reportedly threw her on the floor and threatened to kill her. If convicted of every charge, Mayweather faces a maximum of 34 years in state prison.

Nevada battery domestic violence law makes it a crime to batter someone who's your family member, significant other or roommate. Typical domestic violence situations occur in the home when a verbal altercation becomes physical. Usually one party calls 911, and the police arrive to investigate and, usually, to make an arrest.

As long as there was no substantial bodily harm, a first time conviction of violating a Nevada battery domestic violence law is just a misdemeanor. Penalties include up to six months in jail (that is often suspended), forty-eight to one hundred twenty hours of community service, a fine of $200 - $1,000 in fines (plus fees), and domestic violence counseling. Anyone convicted of misdemeanor domestic violence in Nevada must wait seven years from the time the case is closed to petition the court to seal the records.