Reader’s Question:
I may have to cancel my car insurance with my current provider because it has substantially increased after my DUI conviction here in Sparks, Nevada. What do I have to do to cancel it and can I do it at the end of the term?
Jalen
Sparks, NV
It is very understandable that you would want to cancel your car insurance policy with your current insurer because of a rate increase after your DUI in Nevada. But whatever the reason is, you have to specifically inform your car insurance company that you are canceling your coverage, or else, at the end of the policy period, you may owe your car insurance company some money.
Most of the car insurance policies state that you, as the insured, could cancel your car insurance policy at any time during the policy period by sending a written notice stating the effective date of the cancellation. That may sound reasonable enough, but if you decide to switch companies at the end of the policy term, your policy does not automatically terminate at the end. You will still receive a bill for your next payment so it would be better to inform your car insurance company that you are cancelling by the end of the term. You always have to drive safely from now on to avoid a DUI charge again and if you are looking for another car insurance company to give you coverage, you may want to get an online rate quote right now from this website.
Reader’s Question:
I haven’t been arrested and I don’t know anyone arrested for DUI here in Nevada. What do you think is the best thing I would have if I am stopped for DUI so that the situation will not be aggravated?
Madelyn
Sunrise Manor, NV
If you are stopped for DUI in Sunrise Manor, Nevada, above anything else, you have to stay calm and be polite. Keep in mind that police officers are there to keep us safe and they have a difficult job so you must show some respect. First, you have to roll down your window, stay seated, shut off your radio and wait for the officer to approach your vehicle. You have to keep both of your hands in the officer’s sight at all times, preferably on the steering wheel. If the officer asks you to show him your license and registration, tell him where the documents are located. Then, if the officer knows and could see where you’ll be reaching, move slowly.
A DUI traffic stop is a scary situation for you and the police officer. Remember that the officer is approaching a strange vehicle, usually could not see the inside of it, and knows that he’s walking into a situation that could quickly escalate. Because of this, officers are constantly “on guard,” watching for sudden movements to protect themselves from possibly being attacked or having a weapon drawn on them. Do not ever make the situation worse by acting defensive, angry or accusatory toward the officer.
Reader’s Question:
I have been arrested a long time ago for DUI here in Nevada but the case didn’t proceed to trial because it was dismissed. During the stop, the officer administered a preliminary breath test to me. Had the case gone to trial, will the preliminary breath test be admissible in court?
Latoya
Spring Valley, NV
Simply stated, the preliminary breath test (PBT) is a hand-held breath test device. The PBT is often used in field sobriety testing along with other physical roadside tests. The PBT alone could provide grounds for probable cause if admitted and given weight but it is very difficult for the state of Nevada to get results admitted to evidence, so it is generally not a big issue.
The PBT results is usually barred “in any prosecution” for DUI. A lot of novice DUI lawyer are shocked to learn that a pre-trial motion is not a “prosecution.” As a result of this, the PBT could be used in the pre-trial Motion to Suppress. But there are still a huge number of defenses that could be used against the PBT. One of these is that the PBT doesn’t set forth an evidentiary exception to basic rules of evidence and this was simply not an issue before the court. Nevada created an evidentiary shortcut for the admission of the blood test results and of the “official” breath test results but there is no corresponding procedure for the PBT. Had your DUI case in Spring Valley, Nevada gone to trial, the prosecution would have had a difficulty getting the PBT results admitted as evidence in court.
Reader’s Question:
I’ve been living in Las Vegas, Nevada for a long time and I have heard several cases about DUI and they say that alcohol can impair our judgment. How can the consumption of alcohol affect the judgment ability of a driver?
Rena
Las Vegas, NV
Operating or driving a motor vehicle would require continuous decision-making by the driver. But judgment abilities could be affected by even small amounts of alcohol, thus causing the driver to be under the influence. An example is that alcohol-impaired judgment could cause a driver to follow another vehicle too closely which provides an unsafe stopping distance. Alcohol-impaired judgment could also result in a driver taking risks or endangering others. If you notice a vehicle making an improper or unsafe lane changes, either frequently or abruptly, or with apparent disregard for other vehicles, there is a chance the driver’s judgment has been impaired by alcohol.
Similarly, impaired judgment could cause a driver to turn improperly. An example is that misjudgments about speed and the roadways of Las Vegas, Nevada could cause a driver to take a turn too fast, or to make sudden corrections during the maneuver. These corrections could appear to us as observers as jerky or sharp vehicle movements during the turn. Alcohol-impaired judgment could also affect the full range of driver behaviors. A research concluded that impaired drivers are less inhibited about making illegal turns than unimpaired drivers.
Reader’s Question:
I don’t know how I would win my DUI charge here in Paradise, Nevada. Is it gonna be worth it to fight my DUI charge and is there a way I could win this?
Lizzie
Paradise, NV
It will always be worth it to fight any DUI case because if you just plead guilty for your DUI charge in Paradise, Nevada, there’s a 100 percent chance that you will be convicted. DUI is a very serious offense in the state of Nevada; the court would impose mandatory license suspensions, fines surcharges and in certain cases, a person convicted for DUI would have to serve jail time. The Department of Motor Vehicles would also impose a mandatory insurance surcharge from $3,000 to $3,500 and DUI conviction would be on your record permanently.
It would be a good philosophy that you could not win a DUI case unless you try to win, and the only way to try to win is to fight your DUI case. The state has to prove its case both in pre-trial suppression motions and in trial. An experienced DUI lawyer would search all possible evidence which might make the difference in winning a DUI case. The DUI lawyer would vigorously cross-examine police officers regarding field sobriety tests (FST) and observations claimed to suggest intoxication and he/she could work regularly with the top DUI experts in Nevada who could attack breath test and FST results.
Reader’s Question:
I understand how complicated a DUI case is so I need to get a lawyer to defend me in my DUI charge here in Reno, Nevada. How do I choose which lawyer I would hire to help me defend my case?
Rain
Reno, NV
Word of mouth is commonly a good indicator of choosing which lawyer you would hire to defend you against your DUI case in Reno, Nevada, although not perfect. Reputation in the community would be generally earned and unpaid tributes to a lawyer’s prowess are invaluable. You have to make sure that you look for someone who actively defends DUI cases in particular. It is very important that the lawyer you would hire only focuses and devotes his time in defending DUI cases.
If you are consulting with a lawyer, you have to ask if he could discuss his knowledge of the National Highway Traffic Safety Administration’s (NHTSA) Standardized Field Sobriety Tests and how the breath testing machine works (or doesn’t). You also might want to ask if the lawyer owns various police DUI training manuals for reference and use in cross-examination as well. You could ask the lawyer if he knows what administrative license revocation (ALR) is, how it works and if the lawyer has experience with ALR. Believe it or not, may lawyers advise their clients that they should not bother with the ALR process and you have to be wary of that kind of lawyer.
Reader’s Question:
I have been charged with DUI in North Las Vegas, Nevada and I wonder how important it is to hire a lawyer. How can a lawyer help me and what are the possible defenses that I could use?
Emil
North Las Vegas, NV
DUI charge, as you might very well understand, is an extremely serious offense. The consequences would not only affect you for that moment but the charges would remain on your record permanently. It would be very important that you choose your lawyer wisely to help you fight your DUI case in North Las Vegas, Nevada because it could affect your entire life and lifestyle forever. There are a lot of DUI cases that have been dismissed by experienced DUI lawyers on simple technicalities. A seasoned legal expert who is skilled in the scope of DUI laws would know exactly what to look out for and would be aware of the various loopholes that could mean the difference between a successful charge and dismissal of charges.
The DUI defense that the DUI lawyer could use would relate to different matters. These include things such as the breaching of your constitutional rights, if the officer concerned followed the correct procedures, if you were read your rights when the officer made the DUI arrest, if the blood alcohol test was properly carried out and if the equipment used to determine blood alcohol level was maintained and in good working order.
Reader’s Question:
My sister was charged with DUI here in Henderson, Nevada and she went out of town after posting bail. If she has skipped town, what should the bail fugitive recovery person be able to show in order to arrest her?
Jonathan
Henderson, NV
In order to arrest your sister for skipping town on her DUI trial in Henderson, Nevada, the so-called bounty hunter or the bail fugitive recovery person should possess the authority to arrest by virtue of satisfying any licensure requirements. Moreover, that person should have in his or her possession proper documentation of authority to apprehend issued by the bail or depositor, which should include the name of the individual authorized to apprehend your sister as a bail fugitive, the name and business address of the bail agency, the address of the principal office, or other party contracting with the individual authorized to apprehend a bail fugitive.
They are bounty hunters in historical sense because they are generally contracted to apprehend a bail fugitive and are remunerated for their services by the bail agency or other contracting party. The bounty hunters before are not the bail enforcement agents of today. Some jurisdictions even require significant training and licensure for those people who are engaged in the recovery of bail fugitives.
Reader’s Question:
I don’t want my daughter to be convicted for her DUI charge in Sparks, Nevada but it is likely to happen. If in the most unfortunate happens that she’d be found out guilty, what are the penalties involved?
Carol
Sparks, NV
The State of Nevada DUI laws demand a variety of penalties for a person who will be convicted with drunk driving. These penalties include civil fines, criminal punishments and other consequences which depend upon the prior record and the details of the case. So, everything could only be summed up into this– DUI consequences are really intense and the penalties get even more severe for a second and each following DUI.
If your daughter will be convicted for her DUI charge in Sparks, Nevada, she could expect harsh penalties. These consequences include fines of $400 up to $1,000, jail time of 48 hours to six months, possible community service instead of jail time, DUI School, court costs of $70, chemical test fee of $60, possible substance abuse treatment, victim impact panel attendance and vehicle impoundment. If there is a prior DUI conviction in the last seven years, the consequences would be stricter.
Reader’s Question:
I heard that my brother was required by court to have a course on victim impact panel because of his DUI case in Carson City, Nevada. What does this mean and is it possible for him to take this course online?
Princess
Carson City, NV
A Victim Impact Panel intends to show how DUI cases impact people. It would also give an outlet to victims of DUI for sharing their stories. Moreover, it could also help others in the community, which includes those who are DUI offenders, to gain a greater understanding of how serious the consequences of drinking and driving can be. This course mainly consists of video presentation which is designed to help show the impact of DUI’s on different people’s lives. After each of the videos, a series of questions should be to demonstrate participation and understanding of the presentations. The video presentations are personal stories shared by those impacted by DUI accidents.
If your brother was required by court to have a course on victim impact panel because of his DUI case in Carson City, Nevada, he would have to ask the court if he can take the course online. Most courts in the State of Nevada accept an online course, but we can’t say for all courts. The court may have referred him to a certain online course but he can contact his DUI lawyer or the court for further verification.