Las Vegas Criminal Defense Blog

A Henderson city attorney challenged the appointment of a Moapa Valley Township judge to her trial on a misdemeanor DUI charge. The rural judge was brought in after all the Henderson judges recused themselves. It's alleged that the Henderson judges failed to adhere to proper procedure when selecting the visiting judge.

Nevada DUI law makes it a crime to drive while under the influence of alcohol or drugs. It's also a crime to drive with a BAC of .08 or above whether or not the driver is impaired. Typical defenses to a charge of Nevada DUI law are that the breath-testing equipment was faulty or that the police did an illegal traffic stop.

Penalties for violating Nevada DUI law depend on several factors. For instance a first DUI within seven years with no substantial injury is only a misdemeanor carrying up to six months in jail. But a third DUI within seven years is a felony carrying up to four years in jail even if no one gets hurt.

For more on this story go to: http://www.lvrj.com/news/lawyer-challenges-judge-chosen-for-her-dui-hearing-126054373.html

To learn more about Nevada DUI law, go to our informational video about how to beat a DUI charge in Las Vegas:

Last week Border Patrol agents in Laredo, Texas, arrested a Las Vegas resident for allegedly carrying 200 kilograms of marijuana in his car. The forty-three-year-old was booked at the Webb County jail for drug possession. Reportedly trained drug dogs at the border had detected the drugs.
The Nevada crime of drug trafficking is the most serious controlled substance offense in the state. Drug trafficking is the possession, transportation, manufacture or sale of large quantities of schedule I or II drugs. A typical defense to allegations of the Nevada crime of drug trafficking is that the defendant wasn't aware the drugs were there and that someone else had planted them without their knowledge.

Penalties for the Nevada crime of drug trafficking depend on the drug schedule and the quantity found. For instance trafficking 28 grams or more of a schedule I drug is a category A felony carrying a possible life sentence and $500,000 in fines. But trafficking in the same amount of schedule II drugs is only a category C penalty carrying a maximum five years in prison and $50,000 in fines.

For more on this story go to: http://www.laredosun.us/notas.asp?id=17357

To learn about the Nevada crime of drug trafficking, watch our informational video:

A forty-eight year old man who was originally charged with felony possession of marijuana in Wyoming had his charge dismissed due to police error. The arresting officer had pulled him over for a turn signal violation, which is when the officer found the marijuana. But because Wyoming law is ambiguous regarding turn signal rules, the officer acted illegally by pulling him over and searching the car.

The Nevada crime of marijuana possession makes it illegal to possess any amount of marijuana even for personal use. A person is in "possession" even if the marijuana is not on their person--it can be in their car, in their home, or in any location the defendant exercises control over. Defenses to marijuana possession include lack of knowledge that the marijuana was there or that the police found it through an illegal search.

Penalties for the Nevada crime of marijuana possession depend on the amount of pot and the defendant's criminal history. A first offense of the Nevada crime of marijuana possession of an ounce or less is only a misdemeanor that usually carries no jail and small fines. But a third offense of possessing more than one ounce is a category D felony carrying up to 4 years in prison and thousands in fines.

For more on this story go to: http://www.foxreno.com/11at11/28597755/detail.html

To learn more about consenting to a police search of your car in Nevada, go to:

Over the weekend Reno police arrested a fifty-year old man for the Nevada crime of lewdness with a minor. He allegedly sexually assaulted a ten-year old girl. He reportedly lives in an apartment with the girl's uncle.

The Nevada crime of lewdness with a minor is defined as committing any lewd or lascivious act upon the body of a child under 14 for the purpose of sexual gratification of either the child or the defendant. The touching doesn't have to be on a sex organ as long as the intent is sexual. Typical defenses include false accusations and insufficient evidence.

Penalties for the Nevada crime of lewdness with a minor is very harsh . A first offense usually carries a life sentence with the possibility of parole, and a subsequent offense offers no parole.

For more on this story, go to: http://www.fox5vegas.com/story/15112791/reno-man-faces-lewdness-charge-10-year-old-girl

To learn more about the Nevada crime of lewdness with a minor, see our informational video:

Last week a Las Vegas police detective entered a plea of not guilty to DUI and two counts of felony endangerment in Billings, Montana. The charges stem from a collision where the detective allegedly rear-ended another car. His BAC was reportedly between .192 and .219.

Nevada DUI law makes it a criminal offense to operate a motor vehicle while drunk or high. It is per se illegal to drive with a BAC of .08 or above whether or not the driver is impaired from the alcohol. Drivers suspected of violating Nevada DUI law may be asked to submit to field sobriety tests where they walk in a straight line, stand on one foot and take an eye test.

A first offense of committing Nevada DUI law is a misdemeanor carrying a maximum six months in jail. A second offense in seven years is also a misdemeanor but carries stricter penalties including mandatory jail. A third offense in seven years is a felony carrying at least a year of prison time whether or not anyone got hurt from the incident.

For more information on drunk driving laws in Nevada view our informational video:

For more on this story go to: http://www.lasvegassun.com/news/2011/jul/08/metro-police-detective-pleads-not-guilty-charges-m/

Last Sunday a fire erupted in the garage of a North Las Vegas residence. The Fire Department determined that it was caused from improper disposal of the fireworks. Fireworks need to be submerged in a bucket of water in order to be extinguished. The owner reportedly let the debris cool and put them in a plastic bag instead. The damages amounted to $125,000. There's no word whether the state will issue a criminal complaint for reckless endangerment or for violating Nevada fireworks law.

Nevada fireworks law prohibits the sale, use or ownership of fireworks in Clark County. The only exception is the week prior to Fourth of July, when licensed vendors may sell Safe-N-Sane fireworks. But even these fireworks are illegal the other 51 weeks of the year.

Violating Nevada fireworks law by buying, using or possessing illegal fireworks is a misdemeanor. Penalties include up to six months in jail and/or up to $1,000 in fines. It's also a misdemeanor to set off fireworks within 100 feet of a gas station, fireworks booth or anywhere with flammable materials. The judge may also impose restitution to pay for any damage.

For more on this story go to: http://www.lvrj.com/news/house-fire-in-north-las-vegas-caused-by-improper-disposal-of-fireworks-124986904.html

Many fireworks that are illegal in Clark County can be legally sold and used in the Moapa River Reservation. The Moapa Paiute Travel Plaza encourages customers to detonate their purchases on the "pad" behind the store. But many of their customers risk arrest for committing the Nevada crime of illegal fireworks by bringing the fireworks into Clark County.

The Nevada crime of illegal fireworks makes it unlawful to possess any type of fireworks in Clark County with one exception. People may buy and use Safe-N-Sane fireworks in Clark County in the week leading up to July Fourth. But after that even the Safe-N-Sane fireworks become illegal.

The Nevada crime of illegal fireworks is punished as a misdemeanor. It carries up to six months in jail and/or up to $1,000 in fines. In addition, the fireworks will be confiscated.

For more on this story go to: http://www.ktnv.com/news/local/124933179.html

Last week a simple traffic stop in North Las Vegas led authorities to discover various locations throughout the valley selling illegal fireworks in contravention of Nevada fireworks law. Police even found an 18-wheeler containing illegal fireworks. Authorities believe the fireworks had been trafficked in from out of state.

Nevada fireworks law makes it a crime to sell, possess or use any type of fireworks in Clark County with very limited exception. In the week prior to July Fourth licensed vendors may sell Safe-N-Sane variety fireworks. But these fireworks become illegal at midnight on the morning of July 5th.

It's also illegal to bring fireworks into Clark County that had been obtained legally elsewhere. Police sometimes set up traffic stops on Blue Diamond Road to check for motorists smuggling in fireworks from Nye County, where it's legal to sell fireworks. People discovered with illegal fireworks may be cited and even arrested.

For more on this story go to: http://www.ktnv.com/news/local/124845764.html

Over Fourth of July weekend the Las Vegas Metropolitan Police and the Nevada Highway Patrol will be setting up DUI checkpoints throughout Clark County to check for violations of Las Vegas drunk driving law. Two of the locations include Charleston Boulevard at Community College Drive and Paradise Road north of Tropicana. These checkpoints will be in effect starting Friday at 7 p.m. through Saturday at 3 a.m.

Las Vegas drunk driving law makes it a crime to operate a car while intoxicated or with a BAC of .08 or higher. So drivers who aren't technically impaired may still be found liable if their blood contains too much alcohol. Drivers suspected of DUI may be asked to submit to a preliminary breath test, field sobriety tests, and maybe a final breath or blood test.

Penalties for violating Las Vegas drunk driving law depend on the severity of the incident. As long as no one got hurt, a first or second DUI conviction within a seven-year period is a misdemeanor in Nevada carrying a maximum of six months in jail and several other penalties. But a third DUI in seven years is an automatic felony carrying prison. And any DUI that results in substantial injury or death is also a felony carrying prison.

For more on this story go to: http://www.lasvegassun.com/news/2011/jun/28/police-announce-dui-checkpoints-holiday-weekend/