Blogs from August, 2018

DUI checkpoints, also known as sobriety checkpoints or roadblocks, are considered legal in Nevada. Reno police routinely set up such checkpoints to detain suspected drunk drivers and deter intoxicated driving in general.

When an individual drives into a sobriety checkpoint, law enforcement will stop the driver and ask some questions to determine if they have been drinking alcohol recently. If the driver appears sober, police will allow him/her to continue through the checkpoint. But if the officers reasonably suspect that the driver is intoxicated, he/she will be directed to a nearby area to perform tests.

Common examples of intoxicated behavior include:

1. Erratic driving
2. Bloodshot or glossy eyes
3. Order of alcohol on the driver’s breath or emanating from the vehicle
4. Slurred speech
5. Open or empty alcohol containers

Law enforcement may request the driver to take either a series of field sobriety tests (FSTs) or a preliminary breath test (FSTs). Based on the results of these tests, the driver may be arrested for DUI.

In order for a DUI checkpoint to be legally valid, police need to follow the following four rules:

1. The checkpoint needs to be seen from at least 100 yards away
2. A “stop” sign needs to be positioned near the highway’s centerline and a driver can read it 50 yards away
3. From at least 100 yards away, drivers can see a flashing red light
4. Warning signs at the side of the highway must be positioned at least a quarter-mile from the checkpoint

If law enforcement fails to adhere to these rules, the defendant’s DUI charges may be dismissed or reduced.

If a driver notices warning signs of an upcoming sobriety checkpoint, the driver can take any legal detour before reaching the checkpoint. However, the driver cannot make an illegal U-turn or an improper term to evade the roadblock.

As soon as a driver encounters at a roadblock, they are required to stop, answer the officers’ questions, and adhere to their requests. Traveling through a DUI checkpoint in Nevada without stopping is a gross misdemeanor, which carries by a maximum one-year jail term and a fine of up to $2,000. If illegally driving through a checkpoint causes property damage, significant injury or death, it is considered a category B felony which carries a maximum six-year prison term s and a fine not exceeding $5,000.

If you have been charged with DUI at a checkpoint in Nevada, contact the Law Offices of Kenneth A. Stover and speak with our Reno criminal defense attorney today.

If you are facing serious criminal charges and you are in the process of seeking legal representation for your case, you want a criminal defense attorney with the experience and credentials to obtain the best results possible. Which is why having a former prosecutor as your lawyer has many advantages.

A prosecutor is an attorney who determines what charges to file against a defendant and then proceeds to try the case in front of a judge or jury. The District Attorney, who is an elected official, is responsible for managing every lawyer that prosecutor criminal cases.

The benefits of hiring a former prosecutor as your attorney include:

1. Thorough understanding of both sides of the courtroom - Although the prosecutor has the burden of presenting factual evidence to prove--beyond a reasonable doubt--that the defendant is guilty, the defense lawyer only needs to provide the best defense possible for the client. A lawyer that understands both sides of a criminal trial is more prepared to defend the most serious charges. He/she knows how the prosecutor collects evidence, chooses which charges to file, develops their case to go to trial, and how to approach a case in general.
2. Extensive trial experience - A prosecutor with experience has spent a significant amount of time litigating cases in court. Many lawyers do not ever step foot inside of a courtroom and often settle cases without a trial. If you wish to take your case to trial, a former prosecutor is better equipped to protect your rights and future.
3. Solid reputation with local courts - An experienced prosecutor also has tried numerous cases in local court and will typically develop strong relationships with various courtroom personnel, including judges and other fellow prosecutors. He/she may understand the biases of specific judges and how they often rule in previous cases.
4. Balance heavy caseloads - Some criminal defense lawyers only have as many cases as they can handle. By contrast, prosecutors typically have a larger caseload since the state receives a constant flow of cases, which is why they are able to effectively handle their cases.

At the Law Offices of Kenneth A. Stover, our founding attorney is a former special prosecutor for the cities of Reno and Sparks, as well as a former Deputy District Attorney in Lander and Lyon Counties. Furthermore, he successfully defended clients in 70 courts throughout Nevada and has built a strong rapport with each one. Considered one of the top trial lawyers in Nevada, Attorney Stover can evaluate your case, determine all of your legal options, and develop a strong defense strategy to either get your case entirely dismissed or your charges significantly reduced.

For more information, contact us and schedule a free consultation today.