Blogs from October, 2017

Each state defines crimes a little differently, including domestic violence. Nevada law, for example, describes domestic violence as a violent crime committed by persons with whom the victims share certain personal or familial relationships.

These law apply to current and former spouses, people related by blood or marriage, people who currently or formerly lived together, people who are or were dating, people who have a child in common, the minor child of any of these people, or a person appointed legal guardian for the minor child of any of these people.

Likewise, “violent crime” could be any of a number of other offenses, such as the following:

1. Battery
2. Assault
3. Sexual assault
4. Engaging in knowing, purposeful, or reckless conduct designed to harass the victim
5. False imprisonment
6. Unlawful entry into the victim’s home against the victim’s will
7. Compelling a victim through force or threat to perform an act the victim has a right to refuse performing or through force or threat to prevent a victim from doing something he or she has a right to do

Someone convicted of domestic violence is guilty of a misdemeanor if the defendant has no other domestic violence battery convictions within the last 7 years. The punishment includes 2 days to 6 months in jail, 48 to 120 hours of community service, and a fine ranging from $200 to $1,000. A second conviction within a 7-year period will face harsher punishments, including 10 days to 6 months in jail, 100 hours of community service, and a fine ranging from $500 to $1,000.

Both types of convictions will likely lead to mandatory participation in domestic violence counseling. Likewise, if the victim was a child, the defendant will probably have to pay the cost of counseling for that child.

A 3^rd conviction is automatically a Class C felony. If convicted, the defendant could serve 1 to 5 years in prison and a fine of up to $10,000. Likewise, even if it is a 1^st-time offense, domestic violence involving strangulation would be a Class C felony and might result in a fine of up to $15,000.

If you are accused of domestic battery, the best thing you can do for yourself is to hire a skilled Reno criminal defense attorney as soon as possible. The Law Offices of Kenneth A. Stover is here to help. Attorney Stover has more than 20 years of legal experience to offer your case.

Get started by calling us at (775) 502-1575 or filling out our online form today.

Most states punish driving under the influence (DUI) with particularly severe sentences, and there is even less tolerance for any alcohol present in the blood of commercial drivers. Nevada is no different. Bus and truck drivers in Nevada are subject to much stricter DUI laws than non-commercial drivers. If you are caught with a blood alcohol content (BAC) of 0.04% or higher, your commercial driver’s license (CDL) could be suspended for a year or even for life.

Part of the reason the law is much stricter on commercial drivers than non-commercial drivers is their level of responsibility. There is a huge difference between a car and a commercial truck weighing as much as 80,000 pounds. Likewise, a bus driver is often driving many people to and from their destinations, so the potential loss of life in a bus accident would be much higher.

A 1^st-time DUI conviction for a commercial driver will result in a CDL being suspended for one year, unless he or she was transporting hazardous materials. If the driver was transporting hazardous material when he or she was pulled over, the suspension will be 3 years. A 2^nd conviction will result in a lifelong CDL revocation.

Even if a commercial driver was arrested for a DUI in a personal vehicle, if he or she was found with a BAC of 0.08% or above or was physically impaired by drugs or alcohol, both his or her regular license and CDL license will be suspended. A 1^st offense carries a 90 day suspension for a non-commercial driver’s license, and a 2^nd offense carries a 1 year suspension. Likewise, if a CDL holder gets a DUI for driving a commercial vehicle with a BAC of at least 0.04% but less than 0.08%, his or her regular license and CDL will be suspended as well.

If you are facing a DUI charge as a commercial driver, it is essential to avoid a conviction. Even a single DUI on you permanent record might prevent you from ever working as a commercial driver again. Let our skilled Reno DUI lawyer help prove your innocence and save your livelihood.

Contact us at (775) 502-1575 or fill out our online form to schedule a free case consultation today. We look forward to speaking with you.