Posted On: December 15, 2010 by Shouse Law Group

Man Arrested for DUI Causing Death in Las Vegas

Sunday morning a California man was arrested for violating Nevada DUI with death law when he allegedly drove under the influence near the Strip and rear-ended another car, killing the passenger and critically injuring the driver. The suspect and his passenger weren't hurt. This was the 77th traffic death this year under Las Vegas Metro's jurisdiction.

Nevada DUI with death law applies when someone operates a car while drunk or high and gets into an accident that causes another person to die or sustain substantial bodily harm. Even if the driver doesn't appear impaired at the time of the collision, they can still be charged with this crime if his/her BAC was .08 or above. Common defenses to this crime include that the breath testing equipment was faulty, that the driver had not started drinking until after he/she stopped driving, and that the fatality was not caused by the driving, or that the other party was more at fault than the driver.

Penalties for a conviction of Nevada DUI with death law include two to twenty years in prison. The judge may order an additional fine of $2,000 to $5,000. If the driver was transporting a child under fifteen at the time, the judge will consider it as an aggravating factor in determining the severity of the sentence.

For more on this story, go to: http://www.lvrj.com/news/california-man-arrested-after-fatal-crash-near-strip-111763154.html

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