09 01/15
04:20

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DUI DefenseUnder Nevada law, a DUI occurs when you are caught driving when under the influence of drugs and/or alcohol in a vehicle. In Nevada a vehicle, for DUI Law, is not human powered. So, if you can’t be arrested for a DUI if you are riding your Schwinn mountain bikes that you found at Bicyclist.biz. Even so, if you aren’t arrested for DUI while riding your beach cruiser bikes, you still can be arrested for public intoxication.

This article concerns Nevada Driving Under The Influence Law.

In most states, a DUI will result in the following: 1. Will be prosecuted for driving under the influence of drugs and/or alcohol. 2. A hearing with your respective state’s Department of Motor vehicles to find out if your drivers license will be suspended or revoked.

Criminal Actions

When you are arrested the police officer that arrested you will then issue you a notice for you to appear in court for your arraignment. If you don’t have a lawyer, you will have to appear at the listed date. However, if you have hired an attorney, he will appear for you in court. Furthermore, in most instances you won’t have to appear during the arraignment if you have retained a lawyer.

Afterwards, your lawyer will then ask from the court for the following: lab reports, Breathalyzer maintenance logs, police reports of your arrest, and miscellaneous information concerning your arrest. After getting this information your lawyer will subsequently be able to develop a plan of action concerning your case. This could mean your lawyer may file motions to have your case dismissed, or they may negotiate a plea bargain. If a deal cannot be made with the prosecuting attorney, your lawyer will, then go before the judge, and a trial will be set.

Department of Motor Vehicle Hearing

     This is a hearing to see whether or not your driver license will be suspended. If you’ve hired a lawyer, he or she may represent you at this hearing. If you lose this hearing your driver’s license will be suspended for a minimum of 90 days. And don’t think that this doesn’t count if you don’t live in Nevada, as Nevada DMV will contact your home start. And when your state finds out your license to drive will then be suspended.

How Will A Lawyer Fight My DUI

     In a DUI; the prosecutor has the following forms of proof concerning your alleged DUI offense: 1. You were driving in an erratic and/or unsafe way. 2. You display signs of alcohol intoxication. An example would be that you display any or all of these symptoms: smell of alcohol or walk like you are intoxicated with drugs and/or alcohol. 3. Through either a Breathalyzer or the blood test it is determined that your blood-alcohol level is above .08. 5. You fail any of the field sobriety checks.

A competent lawyer will be capable of analyzing all of this above evidence and tell you whether or not the prosecution has a valid case against you. For example, your lawyer will be able to tell you if the field sobriety tests were correctly administered or whether or not the Breathalyzer were suitably calibrated.

Moreover, you need to need to be forthright and tell your lawyer everything. You should do this even if you don’t feel it was relevant. To illustrate, the Breathalyzer my say your BAC is above .08 when you were, in fact, sober. There are many things that may trigger this false positive. Below is a list of conditions that may register as you being drunk when you are actually sober.

  1. Diabetes
  2. Heartburn
  3. Belch during the test
  4. High-protein diets

As a result, the moral to this story is that if you are arrested for a DUI, you need to hire a lawyer. Hint: If you can’t afford a lawyer, you can get a free consultation. And I would recommend that if you know you can’t afford a lawyer that you get a free consultation after you’ve got the entire discovery from the prosecuting attorney. Then during your fee consultation the lawyer may tell you if the prosecuting attorney has a good case against you.

 

18 10/14
03:13

The First Amendment

First Amendment

The Five Freedoms Granted By The 1st Amendment

While many Americans are quick to lay claim to their 1st amendment rights, many people are uncertain of what these are. Developing a more comprehensive understanding of the Bill of Rights is a very vital part of protecting the freedoms it grants. The following is five fundamental rights that are defined under the 1st amendment.

1.  The Right To Petition The Government

 In the efforts to maintain a government that is established by the people and for the people, the 1st amendment grants American citizens the right to petition their government against or in favor of legislation and policies that impact them. People can collect signatures in support of their causes, or they can lobby legislative authorities.

  1. Freedom Of Press

     One of the most important rights granted by the Bill of Rights is the freedom to publish opinions, news and other information without interference from the government. A government that is designed by the people, and for the people must have a series of checks and balances in place. These checks and balances are constantly made to ensure that no one legislative authority is gaining too much power and over-arching the rights of the people. The Fourth Estate, or the press, is a vital component of this system of checks and balances. The press is responsible for reporting government activities to the public and keeping the public informed of all new developments. Without the right to publish news without repercussions, the public cannot remain sufficiently knowledgeable for maintaining the desired balance of power between government and citizens. While the freedom of the press applies to newspapers, print journals, magazines and other publications, it also applies to individual citizens. People can secure time slots on public-access television, create their own websites or create and distribute leaflets as a way of responding to different government actions and world events.

  1. The Right To Assemble

      Having a public that is free to assemble and protest, and demonstrate is also vital for protecting the people’s control over the government. The Bill of Rights grants American citizens the right to come together, advocate for their causes and express their views in a non-violent fashion. Protests and demonstrations are among some of the most effective actions for dealing with unacceptable government behaviors, addressing unsavory actions on the part of legislative bodies and inciting change.

  1. Freedom Of Religion

      The Bill of Rights also declares the separation of church and state. This means that the government cannot interfere with a person’s choice to practice or not practice any form of religion. People have the right to practice or not practice any faith of their choosing and can do so without interference from the government.

  1. Freedom Of Speech

Freedom of speech is the best-known 1st amendment right. It affords people the right to speak their thoughts and opinions without government approval or interference. What many people do not understand about this basic right is the fact that it is worded and designed to protect the right to all people to express their opinions, even when these opinions are highly unpopular or unsavory. Thus, many citizens who have marched and demonstrated in an effort to protect this fundamental right, have done so in instances in which they were fighting for the rights of people who were publicly airing opinions that they did not agree with.

 

 

 

 

 

 

18 10/14
03:04

The Second Amendment Primer

The 2nd amendment is one of the most important, and often debated additions to the Bill of Rights. When the Constitution of the United States was written the authors of the document knew that despite their best intentions, they weren’t perfect. Because of this, Second Amendment of US Constitutionthe US Constitution can be amended when needed. One of the first amendments was the 2nd amendment, which guaranteed the citizens of the United States the right to bear arms. While the spirit of this Amendment was intended to give people the right to keep firearms, and thus have the ability to defend themselves, the extent of this right has been a source of contention for many years. For those who believe that gun control is a priority, they often argue to limit the powers of the 2nd Amendment by implementing new measures to make it more difficult to obtain and keep a firearm. On the opposite end of the spectrum, more liberal gun advocates seek to extend the powers of the 2nd amendment in an attempt to make a wider range of firearms legal to own.

The truth about the 2nd amendment is that both sides to the gun debate need to realize that finding middle ground is important. Gun-control advocates want to make it more difficult for lawful citizens to be able to purchase firearms. The problem with this is that it won’t do a lot to impact criminals. What happens if a lawful citizen is waiting for permission to buy his firearm and criminal breaks into his home wielding a gun of his own? Obviously, the citizen, who followed the law is at a distinct disadvantage in this situation. Since criminals don’t abide by laws, making it harder for law-abiding citizens to purchase firearms is not the answer. However, while making purchasing firearms more demanding is not the answer, there definitely should be restrictions on the types of weapons that private citizens are allowed to own. The truth is that there really is a no-good reason that regular people need to have access to assault weapons in this country. There is no real risk of an invading foreign power, and a handgun or shotgun both make for more than adequate self-defense weapons.

The 2nd amendment will be odds-on always be an issue that people argue about. Whether or not you agree with it, having the right to bear arms is a basic freedom enjoyed in America that is here to stay. If you take away the people’s right to bear arms, then you are giving the criminals around the world exactly what they want, a population that is powerless to defend itself. As a society, it’s important that we use common sense when deciding how to interpret the 2nd amendment.

Is a background check warranted before a firearm is sold? Absolutely.

Is a lengthy waiting period also necessary? Most likely not.

Should private citizens be able to buy assault or military-style rifles? Again, probably not.

However, by making intelligent decisions, we can ensure the 2nd amendment is used in a way that is conducive to the spirit that it was written in

02 10/14
01:51

Thinking About Fighting Your Traffic Ticket?

If you do, you need to know the answers to three questions before you decide to fight that traffic ticket in the court. In the article below, I provide tips to help you understand and deal with the traffic court bureaucracy in Las Vegas. The three questions are:

  1. Are there any witnesses? You may be more than 100% convinced that you did not run a red light and were always within the speed limit but without any witnesses, you are going to lose the case. The judge is always going to take the side of the police officer in the absence of any witnesses.

The Las Vegas Traffic TicketAnother thing to keep in mind is that if the person present with you in the vehicle happens to be your spouse or your child, they generally do not make a good witness. The obvious reason is that court is going to presume them to be biased. Therefore, you need an uninterested third party as a witness.

  1. There is a very common misconception that the case will be dropped when the police officer does not show up for the trial. Do not rely on it. The judge is not going to dismiss the case in case of absence of the police officer. On most of the occasions, the trial will be set for a later date. Therefore, the only thing that is going to happen is that the inevitable will be delayed by a few days.
  2. One other common tactic advised for fighting the traffic ticket is to attack the radar results. Even so, the facts on the ground are different from what you have read on the Internet. You need to have a radar expert in the court if you want to have any chance of beating that ticket. And the experts do not come cheap. You will most likely have to spend a few hundred dollars to get the expert into the courtroom. You may even win. Nevertheless, that win will come at a much higher cost than the traffic ticket.

Another option is that you go into the reading mode and devour many books available on the subject. You watch tons of videos and know a lot more about radar detection than the cops. You consider yourself an expert now, and you even found some people selling e-books about beating speeding ticket in the court.

Here is what is going to happen at the trial:

The judge is going to side with the police officer’s version to the story as it carries a lot more weight than the story told by an alleged speeder. I know it’s not fair, but that’s how it is going to pan out for you.

Therefore, in my opinion, there is only one effective way for beating a Las Vegas speeding ticket or any other violation of a similar nature. That option is to have an uninterested third party testify on your behalf before the court.

One other thing to note is that if you lose in trial, you may be subject to a heavier fine, traffic school and points on your driving record.

Do not consider the information available on this website as legal advice. Always consult an attorney for your own situation.

 

30 09/14
23:05

Las Vegas/Nevada DUI Penalties

The below given list of penalties applies to those adults who are over the age of 21 and do not currently possess a commercial driver license. It is important to mention here that the penalties can increase incase the Driver has not attained the age of 21 and the driver has a commercial license.

First DUI:Las Vegas DUI View

1. The very first thing that is going to happen is that state is going to revoke your DL for three months. It is possible to get a restricted DL after 45 days but it restricts you to driving to and from work.

2. You will go to jail. The duration can range from a few days to 6 months.

3. You will also be fined and the amount of fine will range from $400-$1000.

4. You will also be sent to a DUI school. There is no choice as it is compulsory. It will set you back by $150.

5. You will also be required by the court to compulsorily attend a treatment program for alcohol abuse.

Second DUI (within 7 years of a DUI);

1. In this case, you are not going to get your license back for a full year. Also, you do not get any restricted drivers license.

2.  You will go to jail again. It can also be house arrest and the period can range from 10 days to 6 months.

3.  There is going to be a minimum fine of $750 and it can go up to $1000.

4. You will also be required to perform mandatory community service from 100 to 200 hours.

5. The registration of your automobile will also be likely suspended.

6. Court may order you to attend any approved treatment program for substance abuse or it may require you to remain in clinical supervision for up to one year.

Three or more DUI convictions (within a period of 7 years)

1. You are going to lose your driving license for a period of three years. However, a restricted driving license is a possibility.

2. You will go to jail for a minimum period of 12 months. Depending on the gravity of the situation, the judge can sentence you up to 6 years in jail.

3. You will be fined for an amount of approximately $2000 which can go up to $5000.

4. You are most likely to lose the registration of your vehicle.

Penalties if the DUI causes death or serious injury (for first time offenders)

1. You will lose your driving license for a period of three years.

2. You will spend at least 24 months in jail which can go up to 20 years.

3. The fine will be for an amount of $2000 at least and it can go up to $5000.