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criminal defense Archives

What are some common defenses to a DUI charge?

A person in Nevada who has been accused of drunk driving may think the situation is hopeless. They may think nothing can be done, and that they will suffer the harsh consequences of a conviction, including fines, the loss of their driver's license or even jail time. However, while this post cannot guarantee any particular result in a person's drunk driving case, in general there a number of defenses that a person accused of drunk driving may have at their disposal.

Nevada drunk driving basics


Drivers who face operating under the influence charges in Nevada should prepare a criminal defense, as serious consequences may follow a conviction. For example, the first DUI conviction is a misdemeanor punishable by up to six months imprisonment and a $1,000 fine. It has minimum penalties of two days incarceration or 48 to 96 hours of community service, as well as mandatory attendance at DUI course.

State may implement new DUI marijuana testing


Confronting the challenges of implementing an effective test for operating under the influence of marijuana, the Nevada Senate recently passed a bill that eliminated the use of urine tests but will mandate blood tests for those suspected of driving under the influence of marijuana. The measure is awaiting approval from Gov. Brian Sandoval and may take effect before recreational marijuana use becomes legal in the state on July 1. Because of possible flaws, this test may pose new issues for the criminal defense of alleged impaired drivers.

Supreme Court rejects Colorado civil forfeiture law


Last month the U.S. Supreme Court struck down a Colorado law that allowed criminal defendants to recover seized money only if they could prove their innocence, even though their convictions had been overturned. This ruling could impact Nevada's criminal defense and its civil forfeiture laws, which allow the police to seize property that was allegedly used in a crime.

Marijuana arrests still occurring, may require strong defense


Recreational use of marijuana is legal in Nevada and seven other states. In this state that means anyone may possess up to one ounce of marijuana, one-eighth ounce of concentrate, and paraphernalia for smoking. However, there are still marijuana arrests in the state. Knowing the law can allow Nevadans to avoid an arrest and a subsequent conviction for marijuana use or possession.

Marijuana testing flawed, may not detect impaired driving


The legalization of marijuana use has posed new criminal defense issues. A 2016 study indicates that testing for marijuana, particularly marijuana-impaired driving, is flawed. This report may challenge the validity of tests used by Nevada law enforcement for prosecuting motorists under the state's operating under the influence laws.

When an evidence vault goes wrong

If you heard that an evidence vault exploded, what would you think the legal fallout of such an incident would be? Thankfully you don't have to leave this blog wondering the answer to that question, because this isn't a hypothetical situation. An explosion in an evidence vault caused many bags of evidence to suffer damage, some of which were damaged enough that it seems the cases involved will be dropped or significantly changed.

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