Attorney Offices
- Palmer Law Office:
Driving Under the Influence of Intoxicating Liquor or Controlled or Prohibited Substance
1. NRS 484.379 Driving under the influence of intoxicating liquor or controlled or prohibited substance: unlawful acts; affirmative defense; additional penalty for violation committed in work zone. [Effective until the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]
1. It is unlawful for any person who:
(a) Is under the influence of intoxicating liquor
(b) Has a concentration of alcohol of 0.08 or more in his blood or breath
(c) Is found by measurement within two hours after driving or being in actual physical control of a vehicle to have a concentration of alcohol of 0.08 or more in his blood or breath
(d) To drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access
2. It is unlawful for any person who:
(a) Is under the influence of a controlled substance
(b) Is under the combined influence of intoxicating liquor and a controlled substance
(c) Inhales, ingests, applies or otherwise uses any chemical, poison, or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely driving or exercising actual physical control of a vehicle
(d) To drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access (The fact that any person charged with a violation of this subsection is or has been entitled to use that drug under the laws of this State is not a defense against any charge of violating this subsection)
3. It is unlawful for any person to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access with an amount of a prohibited substance in his blood or urine that is equal to or greater than:
Prohibited substance Urine Blood - Nanograms per milliliter
(a) Amphetamine 500 per 100
(b) Cocaine 150 per 50
(c) Cocaine metabolite 150 per 50
(d) Heroin 2,000 per 50
(e) Heroin metabolite:
(1) Morphine 2,000 per 50
(2) 6-monoacetyl morphine 10 per 10
(f) Lysergic acid diethylamide 25 per 10
(g) Marijuana 10 per 2
(h) Marijuana metabolite 15 per 5
(i) Methamphetamine 500 per 100
(j) Phencyclidine 25 per 10
4. If consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after driving or being in actual physical control of the vehicle, and before his blood or breath was tested, to cause him to have a concentration of alcohol of 0.08 or more in his blood or breath. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.
- Shouse & Donohue:
1. Talk to Someone Soon After the Drunk Driving Arrest
Contact a friend, acquaintance or family member as soon after the Las Vegas DUI arrest as possible. Let them hear your voice, your speech and your thought process. Ideally, itÕs best to call them from jail as soon as you get booked.
The DUI officers will likely claim that your speech was "mumbled" and "slurred", and that your thinking ability was "slow" and "confused." But this may be an exaggeration stemming from the officersÕ bias and their desire to build a case against you.
Your friends or family may have a very different impression. They may recall that you seemed alert and coherent and that your speech was completely normal. If so, they may become important witnesses as to your lack of alcohol impairment.
2. Make a Detailed Itinerary of Your Eating and Drinking Pattern
ItÕs going to be particularly important for you and your Las Vegas DUI Attorney to put together a timeline of events as to what you ate and drank in the hours preceding the arrest. This itinerary aids your Nevada drunk driving case in a number of ways.
First, you may have still been absorbing the alcohol at the time of the traffic stop. If so, your BAC may have been considerably lower at the time of driving than when you later took the blood or breath test. With an accurate timeline of what you drank and when you drank it, our toxicologists can often extrapolate what your BAC would have been at the time of driving.
Second, your Las Vegas DUI lawyer wants to know whether your alleged BAC "matches" the drinking pattern. Suppose you drank one martini and one glass of wine. Yet you "blow" a .13 on the Intoxilyzer 5000. ThereÕs simply no way that such a small amount of alcohol could get you to such a high BAC level. In a case like this, we know something must have gone wrong with the breath testing processÑand that the reading must be falsely high.
3. Get Receipts for Alcohol & Food Purchases Prior to the DUI Arrest
We want to establish an accurate itinerary of what, when and where you drank and ate prior to the Las Vegas DUI arrest. But to prove it in court, we need as much documentation and corroboration as possible. One effective way to prove this is to save (or go back and get) receipts for any alcohol or food you purchased.
Credit card receipts or statements can be of some use. But the best is to get receipts from the establishment. These receipts should itemize what was purchased and when.
4. Discuss Your Case With an Experienced Las Vegas DUI Attorney
Defending a drunk driving case is complicated. You must know principles of biology, alcohol physiology, the flaws of the breath machine and blood testing process, roadside police investigation procedures, Nevada DUI laws, and the bureaucracy of the local court system.
You would no more want to attempt this yourself than you would want to perform major surgery on yourself. ItÕs simply too important, thereÕs too much at stake, and the process is too difficult.
You should visit a Las Vegas DUI lawyer as soon after the drunk driving arrest as possible. Right after the event, the details are still fresh in your mind and most of the potential evidence is still available. This is the point at which a Nevada DUI attorney can be most effective in helping you prepare the defense.
5. Get Evaluated for GERD & Other Stomach Conditions
Suffering from GERD, acid reflux or heartburn may cause serious errors on DUI breath tests. The machine may give a falsely high reading, one that does not reflect your true blood alcohol level. If you took a breath test in connection with a Nevada drunk driving arrest, and you suffer from these conditions, be sure to discuss this fact with your Las Vegas DUI attorney.
Many people suffer from GERD but have never been diagnosed or treated. Many sufferers donÕt understand the consequences of the condition or the treatment options.
For our Las Vegas DUI clients who experience symptoms of GERD but have never seen a doctor for it, we always recommend a medical evaluation. If we discover that you indeed have the condition, your doctor can prescribe treatment. Moreover, we may be able to use the issue on defending the drunk driving case.
6. See Your Dentist
Another issue that may cause falsely high readings on the DUI breath test is dental conditions. Cavities, gingivitis, food impactions and dental pockets can all create a problem called "residual mouth alcohol" This contaminates the breath sample, leading to erroneously high readings. If you suspect you have any of these conditions, discuss it with your Las Vegas DUI defense attorney. We will recommend a complete dental evaluation.
7. Notate Any Recent Exposure to Certain Chemicals That May Contaminate the DUI Breath Testing Process
Recent exposure to certain chemicals and industrial compounds may also contaminate the breath alcohol testing. This too can lead to errors and falsely high readings. Among the culprits are paints, paint removers, glues, cements, adhesives, varnishes and solvents. Once ingested, these substances can linger on your breath for days.
DUI breath machines can "mistake" these chemicals for alcohol, leading to high BAC readings for those who drank little or no spirits. Las Vegas DUI suspects who work in construction or manufacturing should pay particular attention to this issue.
8. Visit the Scene of the Las Vegas DUI Arrest
Visiting the scene of the traffic stop can often be very useful. If you have a Las Vegas DUI lawyer, bring him or her along. We want to pay special attention to the lighting and the surface conditions where you performed the field sobriety tests. Was the area poorly lit, on a grade or slope, uneven, slippery, wet, rocky, gravely or patchy? Adverse conditions can make it difficult for even the most sober person to perform these exercises.
9. Talk to Any Potential "Sobriety Witnesses"
If you had passengers in the car when you got stopped, or you were with company shortly before the DUI arrest, talk to these people right away. Ask them questions. Did I appear drunk to you? How was my driving? Was my speech slurred? Was I alert and coherent? Was there anything that suggested to you that I was too intoxicated to drive?
Your friends may say that you were alert, sharp, speaking and driving normally. If so, your Nevada DUI attorney will want to collect statements from these witnesses. We may even want them to testify later at a hearing or trial. They can help contradict the copsÕ contention that you appeared and acted like a drunk person.
10. Be Sure or Your DUI Attorney Contacts the Nevada DMV Within 7 days
In breath test cases, Nevada DUI law gives you 7 days from the arrest to contact the Nevada DMV and request a hearing to contest the license suspension. In blood test cases, this deadline doesnÕt apply until the blood results return from the laboratory. If you fail to request the Nevada DMV hearing, you may forfeit your right to challenge the suspension and your license may get suspended automatically.
If you hire a Las Vegas drunk driving lawyer within this period, your attorney can contact the DMV and make these arrangements on your behalf. Whether you or your DUI attorney contact the DMV, make certain that it gets done. DonÕt forgo the opportunity to have a DMV hearing. Not only could the hearing potentially save your driving privileges, it also can be a forum for preparing your DUI case for court.
- Klearman, Steven:
Prescription and over-the-counter (OTC) medications are intended to keep us healthy. In the wrong circumstances - especially when we are behind the wheel of a vehicle - our drugs could contribute to our early demise. To be sure your medications don't abuse you, please remember:
- It is your responsibility to know what you're taking and how it affects you. If you have a question, ask your doctor or pharmacist.
- Bodies are different and everyone will not react the same to medications. Furthermore, a drug can affect one person differently in different situations.
- Don't mix medications, or mix any kind of drug with alcohol, until you have consulted with your doctor or pharmacist.
- Try to use only one pharmacy.
- The problem with some drugs, such as cough medicines, is that they have a high alcohol content. Read the literature you get with any drug to determine whether it contains sedatives or alcohol.
Driving Alert
Even at recommended doses, OTC drugs can affect driving ability as much, or in some cases, even more than illegal drugs, prescription drugs, or alcohol.
- Antihistamines are the principal culprit, according to the Southern California Research Institute. They can cause drowsiness, dizziness and blurred vision.
- Sleeping pills and night-time cold medications can also impair drivers. Obviously, a medication intended to help you sleep is not going to make you a good driver.
- Ibuprofen, a commonly used pain reliever, can reduce concentration levels and cause drowsiness.
- If you're taking a medication for the first time, don't plan on driving after you take that first dose. Wait to see how it affects you.
- Whipple Law Office:
It may not always be easy, convenient or politically correct to stand for truth and right, but it is the right thing to do. Always.
- Kapalaka Law Offices:
The most common criminal offense, not counting traffic citations, in the Las Vegas area is DUI or drunk driving.
The Nevada legislature is under great pressure from groups like Stop DUI and M.A.D.D. to get even tougher on driving drunk. These groups have caused the legal BAC or blood alcohol level to .08 from .10, thus making it easier for you to be arrested for DUI.
There are ways you can fight a win a DUI charge in Las Vegas. It requires an experienced Las Vegas criminal attorney on your side to be able to determine the most effective way to win your case.
If convicted of a DUI in Las Vegas, a first offender be faced with 6 months in jail irregardless of the level of intoxication. Most DUI charges can be negotiated, which is why it is essential to hire the best Las Vegas criminal attorney who can achieve the best outcome for you.
With your future at stake, do not settle for less. Just because the laws got tougher doesn't mean you don't have a fighting chance.
- Erickson, Patricia:
If you are convicted of a crime, your case is not over. You may be able to see your conviction overturned or reversed due to errors made by the court, the prosecutor or your prior defense attorney.
- McFarling Law Group:
Immediately after you are charged with a crime, you need an attorney who
can protect the rights of the accused and find out if the police have
used any illegal search or arrest procedures. If so, the entire case
could get thrown out of court.
The laws and procedures related to a criminal violation can be very
difficult to understand without the assistance of a highly skilled,
experienced attorney.
In Nevada, there are three categories of crimes, misdemeanor, gross
misdemeanor, and felony. Misdemeanor crimes are punishable by up to six
months in the county jail and/or a $1,000.00 fine. Gross misdemeanors
are punishable by up to one year in the county jail and/or a $2,000.00
fine. There are many different categories of felonies. Each category
carries a different sentence. Generally, felonies are punishable by a
prison sentence of more than one year.
In Nevada, there are no jury trials for misdemeanor cases. You will need
an attorney to guide you through this process and help you prepare you
on the best way to answer questions the judge will ask you during a
"bench trial." The judge then decides whether a person is guilty and
imposes a sentence. It is important to be prepared by an experienced and
knowledgeable attorney in every way before the bench trial for you to
get the best results in your case.
If you are charged with a gross misdemeanor or felony, you are entitled
to a jury trial. Again, there are many instances where imprisonment does
not occur, even if you are convicted of a felony or gross misdemeanor.
Keep in mind that these categories are just a guideline to determine
length of sentence and potential fines.
An attorney will need to find all of the information that the prosecutor
and police have that is relevant to the case, this is called discovery.
Once discovery has been completed, a(n) ... attorney will
be able to assess your case and will meet with you to discuss the
evidence and find the best way to represent you in your case.
- Gene Drakulich:
When you are arrested for a criminal offense need for a competent defense attorney is imperative. Before any statements are made to the police it is essential that you are made aware of your rights and informed of the consequences of attempting to resolve any criminal charges without the assistance of an experienced criminal defense attorney.
When searching for an attorney always inquire as to the background of the individual. Important criterions are the number of years the attorney has been practicing; his or her work experience; and, the type of cases handled in the past.
- Martin Hart:
"DUI" stands for Driving under the Influence and occurs when someone is operating, or is in actual physical control, of a motor vehicle while under the influence of alcohol or other controlled substance, to the extent that their mental faculties are impaired and/or their Blood Alcohol Content is above the legal limit. Even for a first offense, penalties can include license suspension, substantial fines, community service, mandatory attendance at a state or DMV approved alcohol program, mandatory overnight incarceration and the required installation (at the offenderÕs expense) of a car ignition locking device are typical ways courts punish DUI offenders. If you have three DUI convictions within seven years, your driverÕs license will be automatically revoked for 3 years with a felony conviction that does not allow probation.
However, if someone was injured as a result of the drunken driving accident, it is possible the defendant will be charged with a felony (and if the victim dies, the driver may be charged with vehicular manslaughter).
- Dempsey, Roberts & Smith:
The legal limits in Nevada are .08 percent blood alcohol level or any detectable amount of a controlled substance. In addition to facing serious charges, your driver license can be revoked and your vehicle may be impounded.
NRS 484.379 Unlawful acts; affirmative defense; additional penalty for violation committed in work zone. [Effective until the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.] 1. It is unlawful for any person who: (a) Is under the influence of intoxicating liquor; (b) Has a concentration of alcohol of 0.08 or more in his blood or breath; or (c) Is found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have a concentration of alcohol of 0.08 or more in his blood or breath,to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access.
.......
NRS 484.3792 Penalties; segregation of offender; probation, suspension of sentence and plea bargaining restricted; intermittent confinement; consecutive sentences. 1. Unless a greater penalty is provided pursuant to NRS 484.3795 or 484.37955, and except as otherwise provided in subsection 2, a person who violates the provisions of NRS 484.379: (a) For the first offense within 7 years, is guilty of a misdemeanor. Unless he is allowed to undergo treatment as provided in NRS 484.37937, the court shall: (1) Except as otherwise provided in subparagraph (4) or subsection 7, order him to pay tuition for an educational course on the abuse of alcohol and controlled substances approved by the Department and complete the course within the time specified in the order, and the court shall notify the Department if he fails to complete the course within the specified time; (2) Unless the sentence is reduced pursuant to NRS 484.37937, sentence him to imprisonment for not less than 2 days nor more than 6 months in jail, or to perform not less than 48 hours, but not more than 96 hours, of community service while dressed in distinctive garb that identifies him as having violated the provisions of NRS 484.379; (3) Fine him not less than $400 nor more than $1,000; and (4) If he is found to have a concentration of alcohol of 0.18 or more in his blood or breath, order him to attend a program of treatment for the abuse of alcohol or drugs pursuant to the provisions of NRS 484.37945. (b) For a second offense within 7 years, is guilty of a misdemeanor. Unless the sentence is reduced pursuant to NRS 484.3794, the court shall: (1) Sentence him to: (I) Imprisonment for not less than 10 days nor more than 6 months in jail; or (II) Residential confinement for not less than 10 days nor more than 6 months, in the manner provided in NRS 4.376 to 4.3766, inclusive, or 5.0755 to 5.078, inclusive; (2) Fine him not less than $750 nor more than $1,000, or order him to perform an equivalent number of hours of community service while dressed in distinctive garb that identifies him as having violated the provisions of NRS 484.379; and (3) Order him to attend a program of treatment for the abuse of alcohol or drugs pursuant to the provisions of NRS 484.37945. A person who willfully fails or refuses to complete successfully a term of residential confinement or a program of treatment ordered pursuant to this paragraph is guilty of a misdemeanor. (c) For a third offense within 7 years, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and shall be further punished by a fine of not less than $2,000 nor more than $5,000. An offender so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security. 2. Unless a greater penalty is provided in NRS 484.37955, a person who has previously been convicted of: (a) A violation of NRS 484.379 that is punishable as a felony pursuant to paragraph (c) of subsection 1; (b) A violation of NRS 484.3795; (c) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484.379, 484.3795 or 484.37955; or (d) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a), (b) or (c), and who violates the provisions of NRS 484.379 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and shall be further punished by a fine of not less than $2,000 nor more than $5,000. An offender so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security. 3. Except as otherwise provided in this subsection, an offense that occurred within 7 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section when evidenced by a conviction, without regard to the sequence of the offenses and convictions. An offense which is listed in paragraphs (a) to (d), inclusive, of subsection 2 that occurred on any date preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section when evidenced by a conviction, without regard for the sequence of the offenses and convictions. The facts concerning a prior offense must be alleged in the complaint, indictment or information, must not be read to the jury or proved at trial but must be proved at the time of sentencing and, if the principal offense is alleged to be a felony, must also be shown at the preliminary examination or presented to the grand jury. 4. A person convicted of violating the provisions of NRS 484.379 must not be released on probation, and a sentence imposed for violating those provisions must not be suspended except, as provided in NRS 4.373, 5.055, 484.37937 and 484.3794, that portion of the sentence imposed that exceeds the mandatory minimum. A prosecuting attorney shall not dismiss a charge of violating the provisions of NRS 484.379 in exchange for a plea of guilty or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial. 5. A term of confinement imposed pursuant to the provisions of this section may be served intermittently at the discretion of the judge or justice of the peace, except that a person who is convicted of a second or subsequent offense within 7 years must be confined for at least one segment of not less than 48 consecutive hours. This discretion must be exercised after considering all the circumstances surrounding the offense, and the family and employment of the offender, but any sentence of 30 days or less must be served within 6 months after the date of conviction or, if the offender was sentenced pursuant to NRS 484.37937 or 484.3794 and the suspension of his sentence was revoked, within 6 months after the date of revocation. Any time for which the offender is confined must consist of not less than 24 consecutive hours. 6. Jail sentences simultaneously imposed pursuant to this section and NRS 482.456, 483.560 or 485.330 must run consecutively. 7. If the person who violated the provisions of NRS 484.379 possesses a driverÕs license issued by a state other than the State of Nevada and does not reside in the State of Nevada, in carrying out the provisions of subparagraph (1) of paragraph (a) of subsection 1, the court shall: (a) Order the person to pay tuition for and submit evidence of completion of an educational course on the abuse of alcohol and controlled substances approved by a governmental agency of the state of his residence within the time specified in the order; or (b) Order him to complete an educational course by correspondence on the abuse of alcohol and controlled substances approved by the Department within the time specified in the order, æ and the court shall notify the Department if the person fails to complete the assigned course within the specified time. 8. If the defendant was transporting a person who is less than 15 years of age in the motor vehicle at the time of the violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant. 9. For the purpose of determining whether one offense occurs within 7 years of another offense, any period of time between the two offenses during which, for any such offense, the offender is imprisoned, serving a term of residential confinement, confined in a treatment facility, on parole or on probation must be excluded. 10. As used in this section, unless the context otherwise requires: (a) ÒConcentration of alcohol of 0.18 or more in his blood or breathÓ means 0.18 gram or more of alcohol per 100 milliliters of the blood of a person or per 210 liters of his breath. (b) ÒOffenseÓ means: (1) A violation of NRS 484.379 or 484.3795; (2) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484.379, 484.3795 or 484.37955; or (3) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in subparagraph (1) or (2). (c) ÒTreatment facilityÓ has the meaning ascribed to it in NRS 484.3793.
- Albright, Stoddard, Warnick & Stoddard:
When you are facing a traffic offense, including drunk driving, if convicted, you may lose your license, have large fines and court costs imposed upon you, and even serve jail time. If you are facing a more serious misdemeanor or minor felony charge, you could be facing a loss of civil rights and jail or prison. You have the right to have your criminal defense attorney represent you at every stage of a criminal proceeding.
- Scott Freeman:
Though legislators have relatively unfettered power to decide whether a
certain behavior should be a crime, many rules limit the ways in which
the state or federal government can prosecute someone for a crime.
These restrictions start with the U.S. Constitution's Bill of Rights,
which provides basic protections-such as the right to refuse to testify
against oneself, the right to confront one's accusers and the right to
a trial by jury-for people charged with crimes. State constitutions may
increase (but not take away from) the federal protections. Federal and
state legislatures can pass laws governing how criminal procedures work
in their jurisdictions, but these laws cannot reduce the protections
offered by the federal and state constitutions.
The interplay between constitutional provisions and legislative
enactments is regulated by our courts. Courts decide whether or not a
particular legislative rule, court practice or police action is
permissible under federal and state constitutional law. What may seem
like a slight variation from one case to another can be, in the eyes of
a court, the determining factor that leads to a vastly different
result. For example, a police officer is frisking a suspect on the
street and feels a hard object in the suspect's pocket. Suspecting that
the object is a possible weapon, the officer reaches into the pocket
and finds both a cardboard cigarette box and a packet of heroin. This
action by the police officer -- reaching into the pocket -- would be
deemed a permissible search under the rulings of most courts (to
protect the officer's safety), and the heroin could be admitted into
court as evidence. However, if the object felt by the officer was soft
and obviously not a weapon, then reaching into the suspect's pocket
might be deemed an illegal search, in which case the heroin couldn't be
used as evidence.
- Joseph Caramagno:
The best defense is a good offense.
- Christiansen Law Offices:
Many states have now lowered the legal blood alcohol concentration
(BAC) limit from .10 to .08 percent for adults, and more than a dozen
states have passed Zero Tolerance laws that prohibit drivers under
twenty-one years old from having any measurable amount of alcohol in
their blood system. As the legal limits decrease, so do your chances of
being charged with drunk driving if you choose to drink and drive. If
you've been arrested for drunk driving, you need the skill and
expertise of an experienced drunk driving attorney to see you through
the complicated legal maze that awaits you.
Drunk driving (DUI) convictions can result in large fines, loss of your
driver's license, and even jail time. If you are charged with
DUI,contact usat once. At Christiansen Law Offices , we have
considerable experience representing clients charged with DUI. We will
represent you on the criminal case and at the DMV hearing to preserve
your driving privileges. If your license was revoked because of a DUI
charge, you only have 10 days to request the DMV hearing...
- Amy Chelini:
Evidence of a criminal defendant's prior crimes or convictions may be
relevant in a proceeding for a subsequent offense. Notwithstanding the
relevance of such evidence, the Federal Rules of Evidence (FRE)
generally prohibits the use of evidence of prior crimes to prove the
character of the person against whom it is introduced. Specifically,
FRE 404(b) bars the admissibility of "evidence of other crimes, wrongs,
or acts...in order to show action in conformity therewith."
- Robert Drascovich:
A lawyer representing an accused individual needs experience in the
preparation, investigation, and presentation of his client's defense.
The penalties for incompetence in a criminal case may be more terrible
for an accused person than any other type of client.
- Jason Moss: Q: If I
am stopped while driving and the police officer asks me to do field
sobriety tests do I have to do them?
A: The police have an absolute right to ask you to perform the tests.
However, if you don't perform the tests, your refusal cannot be
introduced at trial. In addition, there are no legal consequences for
your failure to do the tests, i.e., you don't have your driver's
license taken away from you.
- Chris Rasmussen: You can be arrested for DUI by driving while
over the legal BAC in your state or while impaired. But, you need not
actually operate the car in order to be arrested. You can still be
found guilty if you had the capability and power to dominate, direct,
or regulate the vehicle, regardless of whether you were exercising that
capability or power at the time of the arrest. In other words, simply
sitting behind the wheel with the keys in the ignition can lead to your
arrest for DUI by being in "actual physical control" of the car.
Brought to you by Colorado DUI Drunk Driving Defense
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