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Q: I was arrested for a Driving Under the Influence (DUI). I took a breath test. I was told I was above the legal limit and they took my license. What should I do? I need to drive for work.
A: Assuming this incident occurred in Nevada and you have a Nevada license: In case of a breath test, an officer will file a Notice of Revocation or Suspension with the DMV if your breath test showed a concentration of alcohol (BAC) of more than .08 in your system (.04 if driving a commercial vehicle.) The Notice of Revocation form (DMV form DP45) will be given to you. The form works as a temporary license for no more than 7 days. Thus, the form will be your license for the next few days. After the form expires, you cannot legally drive. (more…)
The Las Vegas Justice Court is implementing new Traffic Division policies. Apparently, traffic school is going to become more of a requirement, rather than an exception.
The Court will not require you to attend traffic school if you received a 1-point citation (e.g., speeding 1-10 mph over the speed limit) and you have not had a moving offense within a rolling 3-year period. However, if you receive a second citation for a moving offense within a rolling 3-year period, then you will be required to do either Level-1 traffic school or Level-2 traffic school (depending on the violation type). Also, if you receive a 4-5 point citation (e.g., passing a red light), then you will be required to do Level-2 Traffic School even if it is your first citation in the last three years. (more…)
Q: I was going to work. I was a bit late and was driving above the speed limit. I was pulled over and given a citation. Should I just pay it and forget about it?
A: If you’ve driven in Las Vegas, you’ve seen people get speeding tickets. If you received one, you should not ignore the ticket. However, there are two good reasons to attempt to negotiate your citation rather than to simply pay it.
First, depending on the speed you were driving, your citation can carry points. The DMV keeps track of your points. For example, driving 11-20 mph over the speed limit carries 2 points; 21-30 mph over the speed limit carries 3 points; 31-40 mph over the speed limit carries 4 points; and if the officer thought you were reckless, well it carries 8 points. If you receive more than 12 points on your record within a 12- month period, your license is suspended. Keep in mind it is points from the date of the conviction, not from the calendar date of the citation. (more…)
Q: I’m really embarrassed by this. But I was at Sunset Park with my family and friends. We were there all day having a good time eating and drinking. I was a little drunk and had to urinate but instead of going to the bathroom I went behind some bushes. I guess there were some girls nearby who saw me go and then the next thing I know, I’m being arrested. So I got charged with Indecent Exposure and Disorderly Conduct. I’m so ashamed. I think I know what is Indecent Exposure but can you please explain? And give me advice please?
A: I’m really sorry for your troubles, and it’s only natural that you would be embarrassed. However, most people (men) I know, have at some point or another urinated outdoors. It is an extremely common thing to do. It wouldn’t surprise me at all if there was someone doing that right now, while reading this blog. The act of urinating in public itself doesn’t constitute Indecent Exposure, but it becomes criminal if someone witnesses it. (more…)
You are driving to the store. You stop at a light. You are waiting for the light to turn green. Then you hear a loud screech and before you can look, you feel a major impact. You feel like you were thrown within the compounds of your vehicle like a rag doll. Your car and you were both propelled by the impact.
You are a bit in shock. You are not sure what happened and you feel a bit out of it. You finally realize…
You were in a car accident
So what do you do now? (more…)
Q: I was out with friends. I had two glasses of wine. I was driving home and was pulled over for speeding. The officer asked if I had been drinking and I told him I had two glasses of wine. Then, he asked me to step out of the car. He told me to walk an imaginary line heel-to-toe and also told me to lift my leg and count to thirty. I have terrible balance due to a knee injury. The officer told me I failed. Then he had me follow his pen and again told me I failed. I know I was not drunk and felt fine. He did not care. I was arrested. I was treated like a criminal and had my blood withdrawn. Then I spent two days in jail. Now, I have court for a Driving Under the Influence (DUI) charge. What should I do? Should I hire a criminal defense attorney? (more…)
Q. Hello. I’ve been here in Las Vegas over this past Labor Day weekend and getting ready to leave. Me and my friends have been gambling and drinking the whole time. By Sunday I had run out of money and wanted to keep playing. So I got a casino marker for $30,000 credit. I was really drunk at the time and was up for two days. Long story short, I ended up losing all that too. I feel real stupid about it and plan on paying it back, but I want to know what will happen if I don’t. Does the fact that I was really drunk make a difference? One of my friends said they can’t arrest me for owing money but can sue me. Is that right? I appreciate any advice. (more…)
If you are in an serious automobile accident, have suffered personal injury, and you are transported by ambulance to the hospital, you will soon find yourself facing extremely large medical bills. A hospital visit can run thousands of dollars.
As a personal injury attorney, I cannot stress enough the importance of having uninsured and underinsured coverage.
However, insurance companies generally do not make it a habit to explain their insurance coverage. Many times I ask a client if he or she has uninsured and/or underinsured coverage, only to get the following response: “I have full coverage.” (more…)
Q. I came home and caught my husband with another woman. When I went to leave the house, he grabbed me from behind. I told him to let go of me but he wouldn’t and begged me to just talk to him. I told him ok, and he let go. I turned around and slapped his face and he fell over the coffee table. He had a little bump on the head and wasn’t really hurt. That woman he was with called 911 on me and they ended up arresting me! I told the police what happened and they said they had to take someone to jail. Now I have a Battery Domestic Violence case. What can I do? (more…)
I have handled thousands of criminal defense and personal injury cases throughout my 20 year Las Vegas legal career. Numerous clients have informed me of the treatment they have received, which is not in par with the treatment non-Latino client’s receive. For example, clients have complaints of excessive abuse by officers. One told me the officer asked him to step out of the car at gun point for a minor infraction. Other Latino clients have explained that they were required to show identification as passengers when the driver was pulled over for a minor offense. Other clients had their cash bails voided and were kept in jail for longer periods of time. These stories are not unique and are not a once-in-a-while occurrence. They unfortunately happen more often than not. (more…)