Alleged DUI Driver May Face Wrongful Death Suit in Nevada

September 24, 2013

Earlier this month, a driver sped into a block wall in Las Vegas, killing the 23-year-old passenger. Currently police are investigating whether the driver should be charged with drunk driving. In addition, the victim's family may try to bring a wrongful death lawsuit against the driver. If a civil court finds that the driver was negligent, Nevada personal injury law entitles the victim's family to receive monetary damages.

Las Vegas Criminal Defense

Sometimes the same unlawful act can bring about both criminal charges and civil charges under Nevada personal injury law. For example, an abusive spouse may face both a criminal charge for battery domestic violence as well as a civil battery lawsuit for the same act of punching his spouse. A criminal battery conviction carries various penalties including fines, community service, mandatory counseling, and possibly jail, whereas civil liability for battery carries monetary damages paid to the victim.

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DNA Evidence Clears Teen of Fatal DUI in Nevada

Last week an eighteen-year-old was cleared of charges that he committed the Nevada crime of DUI causing death this past March in Moapa. DNA evidence revealed that the teen's friend was in the driver's seat at the time of the accident. The friend may face prosecution soon. The crash left five people dead.

DUI Injury Death

The Nevada crime of DUI causing death occurs when a driver operates a car while impaired by alcohol and causes a fatal accident. The driver may still be prosecuted for DUI causing death even if he didn't feel impaired but had a blood alcohol content of at least .08. A typical defense to this crime is that the breath or blood testing equipment was faulty.

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Las Vegas Teen Arrested for Injuring 10 in DUI

Las Vegas DUI InjuryAn eighteen-year-old man was arrested yesterday for the Nevada crime of DUI causing injury for allegedly hurting ten people in a drugged-driving related accident. On Monday he reportedly hit a median, collided into two cars and crashed into the window of an Egg & I restaurant on Sahara Ave. He also faces charges for felony reckless driving and felony hit and run.

The Nevada crime of DUI causing injury is when a driver while under the influence of alcohol or drugs causes an accident which results in substantial bodily injury to someone other than the driver. Note that a person may still be charged for this crime even if he/she isn't technically impaired but whose blood has more than the legally allowed amount of alcohol or certain drugs. A possible defense to this crime is that the breath or blood testing equipment was faulty, and that the prosecutors can't prove that the driver was under the influence.

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Woman Arrested for DUI Causing Death in Las Vegas

March 25, 2013

Las Vegas DUI DeathThis weekend a twenty-six year old woman was arrested for the Nevada crime of DUI causing death for allegedly causing a fatal collision at the intersection of Wynn and Spring Mountain roads in Las Vegas. The driver of the other car was killed at the scene, though his 2-year-old passenger wasn't hurt. The suspect, who reportedly ran a red light just before the collision, sustained minor injuries.

Driving drunk and causing a car accident makes the driver susceptible to charges for the Nevada crime of DUI causing death. Note that the driver may still be charged with this crime even if he/she wasn't impaired but still had a blood alcohol content of .08 or above. A common defense to this crime is that the victim was more at fault than the driver.

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Fatal DUI in Douglas County, NV

January 10, 2013

On Monday night, a Carson City man died after driving his sedan into an SUV just south of Gardnerville. The driver of the SUV was not injured. The passenger in the sedan was injured but treated at a hospital and released. It's suspected that alcohol was involved in this collision.

Douglas County DUI Crime

The Nevada crime of DUI causing death occurs when a driver with a BAC of .08 or above or while impaired by alcohol causes a car accident, which results in another driver, passenger, or pedestrian dying. The most common defense to this crime is that the driver was not under the influence of alcohol or that the other driver was the primary cause of the crash. An alcohol-related crash that results in no injuries or death is instead charged as a straight DUI.

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Former Las Vegas Teacher Imprisoned for Maiming Boy in DUI

December 6, 2012

Las Vegas DUI Accident InjuryYesterday a 26-year-old former first-grade teacher was sentenced to six to 15 years in prison for the Nevada crime of DUI causing injury. The incident occurred at a bus stop in February that resulted in a 15-year-old losing a leg. The defendant already pleaded guilty in September and will get credit for the near-year he has already served in prison.

The Nevada crime of DUI causing injury is when a driver, while impaired by alcohol or with a BAC of .08 or above, causes an accident which results in substantial bodily harm to a victim. This crime is a felony even if the driver has never been convicted of a DUI before. Defenses to this crime are that the victim was more at fault than the driver for the crime, or that the defendant wasn't intoxicated at the time of the accident.

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Las Vegas Man Sentenced for Deadly DUI Killing Trick-or-Treater

November 20, 2012

Earlier this month, a 42-year-old man was sentenced to 42 years in prison for the Nevada crime of DUI with death (and other charges) stemming from a 2011 accident where he was allegedly driving impaired and collided with a 20-year-old girl who was trick-or-treating in Summerlin. He was reportedly driving 50 miles per an hour in a residential street. Although he had a legal blood alcohol level at the time, he was believed to have been impaired by marijuana and painkillers.

Las Vegas Fatal DUI Charge

The Nevada crime of DUI with death is charged when someone drives impaired by drugs or alcohol or with an illegal BAC of drugs or alcohol and causes a fatal accident. A common defense to this crime is that the defendant wasn't the cause of the accident. Even if the defendant has no previous DUIs, a first-time charge of DUI with death is prosecuted as a felony.

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Las Vegas Man Sentenced to Up to 15 Years for Deadly DUI

November 15, 2012

Yesterday a twenty-year-old man was sentenced in Las Vegas to five to fifteen years in prison for a fatal DUI crash last year. This summer he pleaded guilty to the Nevada crime of DUI causing death. The crash took place near Jones Blvd. and Alta Dr. and killed a forty-six year old female pedestrian.

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The Nevada crime of DUI causing death is when a driver impaired by alcohol or drugs (or with a BAC of .08 or higher) causes an accident which kills someone other than the driver. Defenses to this crime include that that the victim was at fault in the accident, or that the driver did not begin drinking until after the accident. DUIs with death are always prosecuted as a category B felony in Nevada.

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Arraignment in Last Week's Las Vegas Fatal DUI Case Delayed to Friday

September 18, 2012

Last week a twenty-three year old man allegedly rammed his girlfriend's car into a bus stop, killing four people. He claims to have drunk one Budweiser prior to driving. Since blood test results haven't returned yet, his arraignment on the charges of the Nevada crime of DUI causing death will be delayed to Friday.

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The Nevada crime of DUI causing death occurs when someone caused the death of someone else by driving either under the influence of alcohol or with a blood alcohol level of .08 or higher. This crime can also be charged if the suspect was high on drugs or had more than the maximum amounts of certain drugs in his/her bloodstream. The typical defenses to this crime are that the drug-testing equipment was faulty or that the driving was not the proximate cause of the death.

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Utah Man Arrested for DUI Accident Injuring Vegas Cop

Last weekend a forty-five year old Utah man was arrested for allegedly driving drunk and colliding with a Las Vegas cop on a motorcycle. The cop was thrown off the motorcycle and sustained a fractured wrist and injuries to his head. The Utah man faces several charges include for the Nevada crime of DUI with substantial bodily harm.

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The Nevada crime of DUI with substantial bodily harm is when a driver who is impaired by alcohol or drugs causes an accident which results in someone else sustaining serious bodily injuries. The suspect is tested for intoxication by performing field sobriety tests and submitting to a breath test or blood test. Typical defenses to this charge are that the breath or blood testing equipment was faulty, or that the victim was the cause of the accident.

DUIs causing substantial bodily injury are category B felonies in Nevada. The sentence includes two to twenty years in prison and maybe $2,000 to $5,000 in fines. People convicted of this crime are usually segregated from violent offenders in prison.

For more on this story go to: http://www.lvrj.com/news/utah-man-faces-charges-in-collision-that-injured-police-officer-164317326.html

To learn more about the Nevada crime of DUI with substantial bodily harm, watch our informational video:


Woman Gets Up to Twenty-Four Years for 2008 Fatal DUI in Las Vegas

In 2008 an eighteen year old was arrested for the Nevada crime of DUI causing death when she allegedly caused a drunk driving accident which killed two passengers in her car. She was sentenced just last week to seven-to-twenty-four years in prison. Neither of the victims were wearing seat belts.

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The Nevada crime of DUI causing death is when an intoxicated driver causes an accident which results in someone else's death. A common defense is that the drunk driving wasn't the proximate cause of the death, or that the victim was more at fault than the driver. Another defenses is that the police's breath testing equipment was faulty.

The Nevada crime of DUI causing death is a category B felony. The sentence range is two to twenty years in prison and perhaps a fine of up to $5,000. People convicted of this crime are usually segregated in prison from violent offenders.

For more on this story go to: http://www.lvrj.com/news/woman-sentenced-in-2008-drunken-driving-deaths-160057615.html

To learn more about Nevada law for DUI causing death, watch our informational video:


Woman Sentenced for Fatal DUI in Sparks

Yesterday Reno Justice Court sentenced a twenty-three year old Yerington woman who pleaded guilty to the Nevada crime of DUI with death. Last year she was driving drunk and passed out, which caused an accident which killed her friend in the passenger seat. The woman received a prison sentence of up to five years.

The Nevada crime of DUI with death is when an intoxicated driver gets in a car accident and causes the death of someone other than the driver. Typical defenses include that the death was caused by something other than the drunk driving, or that the victim was more at fault than the driver. A person is automatically considered to be driving drunk in Nevada if his/her BAC is .08 or above whether or not the driver is impaired.

Causing a fatality through drunk driving is a category B felony carrying up to twenty years in prison and maybe a fine of up to $5,000. Judges are likely to impose a sentence in the higher end of the prison range if the driver was transporting a child under fifteen. People convicted of this crime are usually segregated in prison away from violent offenders.

For more on this story go to: http://www.rgj.com/article/20120514/NEWS01/305140033/Drunk-driver-who-killed-friend-Sparks-crash-gets-prison-term?odyssey=tab|topnews|text|FRONTPAGE&nclick_check=1

Two Deadly DUIs in Nevada So Far This Month

February 16, 2012

Earlier this month a thirty-three year old women was charged with the Nevada crime of DUI causing death for a fatal accident on Rainbow and Wigwam in Las Vegas. That same day at twenty-six year old man was arrested for the Nevada crime of DUI causing injury for allegedly plowing into a fifteen year old boy at a bus stop at Spring Mountain and El Camino in Las Vegas. Last year in Nevada there were about 20,000 DUI arrests total.

The Nevada crime of DUI causing death occurs when a driver who's under the influence of alcohol or drugs causes an accident which kills someone other than the driver. People suspected of this crime are required to submit to a blood test, not a breath test. The typical defense to DUI with death charges is that the victim was more to blame for the crash.

The Nevada crime of DUI causing death is a category B felony carrying two to twenty years in Nevada State Prison and maybe a fine of $2,000 to $5,000. If the defendant was driving a fourteen year old or younger at the time of the accident, the judge will consider it as an "aggravating factor" when deciding the final sentence. A criminal defense attorney would try to get the charge reduced to vehicular manslaughter, reckless driving causing death, misdemeanor DUI, or a full dismissal.

To read more about this story go to: http://www.8newsnow.com/story/16689550/deadly-weekend-on-southern-nevada-roads

To learn more about when a DUI suspect may consult a lawyer, watch our informational video:

Man Sentenced for Fatal DUI in Las Vegas

January 30, 2012

Last week a man who was convicted in Las Vegas of the Nevada crime of DUI causing death was sentenced to twelve years in Nevada State Prison. The incident occurred in April of 2010 after the defendant collided his car into the victim's car, resulting in his death. The defendant was also ordered to pay over three thousand dollars in fines and restitution. He may be paroled after serving 32 months.

Like it sounds, the Nevada crime of DUI causing death occurs when a drunk driver causes the death of another person. Note that it doesn't matter if the driver is impaired by alcohol--he/she can still be liable if his/her BAC of .08 or above. Typical defenses to this crime are that the DUI was not the proximate cause of the death, or that the driver did not begin drinking until after the accident.

The Nevada crime of DUI causing death is a category B felony carrying two to twenty years in prison and maybe a fine of $2,000 to $5,000. Judges may impose a sentence on the higher end of the prison range if the defendant was transporting a passenger of age fourteen or younger at the time of the incident. People convicted of this crime are usually segregated in prison from violent offenders.

For more on this story go to: http://www.fox5vegas.com/story/16609264/driver-in-fatal-downtown-vegas-dui-crash-sentenced

To learn more about whether a DUI suspect may refuse to take a chemical breath test in Nevada, watch our informational video:


Las Vegas Police Make Arrest in DUI Fatality

August 15, 2011

This weekend a 19-year-old man was arrested for the Nevada crime of DUI causing death. While driving he allegedly struck a forty-six year old women, killing her. According to Las Vegas police this was the 42nd traffic death so far in 2011.

Like it sounds, the Nevada crime of DUI causing death is when someone who's driving under the influence of alcohol or drugs causes someone else to die. Typical defenses to this crime include that the breath/blood testing equipment was faulty, that the driver hadn't begun drinking until after he/she stopped driving, or that the death was not caused by the defendant's driving drunk. This crime is a category B felony in Nevada.

Penalties for the Nevada crime of DUI causing death include two-to-twenty years in prison and maybe a fine of $2,000 to $5,000. If the defendant was transporting a child fourteen or younger at the time of the incident, the judge may consider it an aggravating circumstance when deciding on the final sentence. People imprisoned for this crime are usually segregated from violent offenders.

For more on this story go to: http://www.ktnv.com/news/local/127667028.html

To learn about DUI breath test refusals in Nevada, watch our informational video:


Henderson Man Arrested for DUI after Driving Truck into Cop

April 22, 2011

Last week a forty-two year old man allegedly drove his BMW into a police officer who was parked near Town Square in Las Vegas. The cop reportedly was thrown fifty feet and suffered fractures and a punctured lung. The motorist was arrested for the Nevada crime of drunk driving causing substantial bodily injury.

The Nevada crime of drunk driving causing substantial bodily injury comprises DUI incidents where the motorist gets into an accident that causes someone other than him/herself to sustain serious injuries. Even if the driver wasn't technically impaired, having a BAC of .08 or above is per se illegal and subjects the driver to DUI prosecution. Standard defenses to this offense include that the driver had not been drinking until after the car stopped, that the breath testing equipment was faulty, that the physical harm was caused by something other than the driving, or that the victim was more at fault than the accused.

The Nevada crime of driving drunk causing substantial bodily injury is a category B felony in Las Vegas. The punishment includes two to twenty years in prison and maybe a fine of $2,000 to $5,000. The judge may impose a more serious prison sentence if the driver was transporting a child fourteen years old or younger.

For more on this story go to: http://www.lvrj.com/news/henderson-driver-arrested-after-car-strikes-las-vegas-police-officer-119853114.html

Man Arrested for DUI Causing Death in Las Vegas

December 15, 2010

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

Fatal DUI Crash in Las Vegas

November 16, 2010

Last month ended with the sixty-second fatal car crash in Las Vegas Metro's jurisdiction. On October 30th a twenty-six year old passenger died from a car accident that allegedly resulted from drunk driving. The twenty-four year old driver, who sustained only minor injuries, was arrested for committing the Nevada crime of DUI causing death. The crash occurred west of the 215 between Robindale and Windmill.

The Nevada crime of DUI causing death is a category B felony in Nevada. The sentence includes two to twenty years in prison and maybe a fine of $2,000 to $5,000. However, people convicted of the Nevada crime of DUI causing death are usually housed in minimum security facilities and segregated from violent offenders.

When a DUI-related car accident does not result in death or substantial bodily harm, it's usually prosecuted as a misdemeanor. Typical penalties include fines, suspended jail time, DUI School, a Victim Impact panel, and a three-month drivers license suspension. However, a third DUI in seven years is always charged as a felony.

For more on this story, go to: http://www.lasvegassun.com/news/2010/nov/10/man-killed-dui-related-crash-south-valley-identifi/

Las Vegas DUI with Death Trial Delayed for 12th Time

September 16, 2010

The trial of a teenager accused of causing a 2008 DUI-related fatal car accident has been pushed back for the dozenth time. The defendant is charged with violating Nevada DUI with Death law and reportedly had a BAC level of .16 at the time of the collision, which is twice the legal limit. Two people were killed.

Nevada DUI with Death law makes it a felony to drive drunk or high and then cause a fatal car accident. Standard defenses include that the driver did not start drinking until after he stopped driving, that the breath/blood testing equipment was faulty, and that the accident was not proximately caused by the DUI. It's also a felony if the accident resulted in a serious injury and not death.

Standard penalties for violating Nevada DUI with Death law is two to twenty years in prison and maybe a fine of $2,000 to $5,000. If the driver was transporting a child under fifteen at the time, the judge may consider that as an aggravating factor when deciding the sentence. However, people convicted of DUI with death crimes are usually segregated from violent offenders in prison.

For more on this story, go to: http://www.fox5vegas.com/news/25030432/detail.html

Woman Given Maximum Sentence in Las Vegas DUI with Death Case

August 20, 2010

This week a Clark County district court judge imposed the maximum sentence of eight to twenty years in prison on a woman who pleaded guilty in June to committing the Nevada crime of DUI with death. The victim died after she allegedly drove drunk and struck his Buick with her Jeep on Cheyenne and Rampart. Her BAC was reportedly more than two times the legal limit, and she already had one DUI conviction from 2001.

The Nevada crime of DUI with death makes if a category B felony to proximately cause the death of another person by driving drunk. It's also a felony if the driving results in substantial bodily harm. Common defenses include that the driver had not been drinking until after he/she stopped driving the car, that the breath testing equipment was faulty, that the fatality was not caused by the drunk driving, or that the victim was at more fault than the driver.

The penalties for committing the Nevada crime of DUI with death include 2-20 years in prison and maybe a $2,000-$5,000 fine. If the defendant was transporting a child under fifteen at the time, the judge may consider that when determining the prison time. Anyone convicted of drunk driving will probably be segregated from violent offenders while in prison.

For more info on this story, go to: http://www.lvrj.com/news/woman-sentenced-to-prison-in-drunken-driving-crash-that-killed-las-vegas-man-100789879.html