LIM & CO, WILLY
If you are pulled over for DUI or DWI in Nevada, with a driver’s license issued in another state, driving privileges in your home state may still be revoked.
If you took a breathalyzer test, you can request a hearing from the DMV, but must do so within seven days. Nevada DMV authorities will place a hold on your license in your home state. Unless you and your Nevada DUI attorney request a hearing, your out-of-state license will be suspended. If you request a hearing, however, you will still be able to drive until a conclusion has been reached and the judge deciding your case has chosen to remove or enforce suspension of privileges.
50 THINGS YOU NEED TO KNOW ABOUT YOUR DUI CASE THAT NO ONE IS TELLING YOU
5 things the District Attorney does not want you to know
- He does not have all the witnesses available to prove his case.
- He has exculpatory evidence which would prove your innocence.
- You have a right to a trial after pleading not guilty.
- He has evidentiary problems in proving your blood alcohol level.
- He’s bluffing.
All of the facts that must be proved before you can be found guilty:
- Your identity
- As a driver
- Of a motor vehicle
- In the State of Nevada, while
- Your blood alcohol level was over one of the prescribed limits or
- You had a prohibited substance in your blood without a prescription (The District Attorney does NOT need to show ANY driving impairment to convict.)
What you must do immediately to preserve your right to drive:
Request a Division of Motor Vehicles (DMV) hearing within 7 days of having your license revoked (or being notified it will be revoked).
10 questions your attorney must ask you.
- What your itinerary was prior to arrest.
- Your consumption of alcoholic beverages.
- Your observations of the officer.
- The officer’s stated reasons for stopping you.
- Whether the officer asked or ordered you to take roadside tests.
- Your performance on roadside tests.
- Statements you made to the officer.
- What the results were of any breath or blood tests.
- Whether there were witnesses to your arrest.
- Whether you were observed for 20 minutes prior to a breath test.
What are the 4 items crucial to your defense?
- A good investigation of the facts.
- Vigorous cross-examination.
- A sound understanding of constitutional principles.
- An experienced attorney.
What is the one thing your attorney must do to raise objections based on the Summons and Complaint?
Appear in person for your arraignment.
Why a jury trial may be advisable:
The State may be unable to provide it’s case beyond a reasonable doubt for various reasons.
What is necessary to get a jury trial?
You automatically have a right to a jury trial when you are charged with a Felony DUI.
How the arresting officer’s testimony can be discredited:
- Inconsistent statements.
- Failure to recollect.
4 requirements which must be followed for chemical and roadside tests to be valid:
- The officer must have had a reasonable suspicion that you were violating the law.
- The officer must have either had probable cause to arrest you or obtain your consent for roadside tests.
- The officer must have probable cause before he arrests you and before he requires you to take a chemical test.
- The officer must give you your Miranda rights after you are arrested, if he is going to interrogate you.
What are the 2 key pieces of information which must be learned in deciding to go to trial?
- An estimation of the weaknesses and strengths of the State’s case against you.
- The effect of a conviction.
How to determine if you can plea bargain, and at what step you should do it.
- It’s a cost benefit analysis. How much do you have to defend your case?
- What effect will this arrest have on my license and when will I be able to drive?
- If your blood alcohol was over the legal limit, you may not be able to drive at all for a long period of time (at least 90 days and up to 3 years in some cases).
What preliminary motions may be filed, and the danger to you if they aren’t.
- Motion to suppress evidence on the ground that you were unconstitutionally stopped.
- Motion to suppress evidence on the grounds that there was an unconstitutional search and seizure.
- Motion to suppress statements on failure to give Miranda rights.
- Motion for Discovery of all evidence.
If these motions are not filed, your case may not be dismissed when it should have been. You may not be told about evidence which would prove your innocence.
7 defense tactics in pre-trial motions:
- Contest the constitutionality of the stop.
- Contest the constitutionality of the administration of roadside tests.
- Contest the constitutionality of the probable cause to arrest.
- Contest the constitutionality of the Miranda rights.
- Contest the manner in which roadside tests were given
- Contest the use of a Portable Breath Tester (aka the PBT).
- Contest the constitutionality of any search and seizure.
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