Blogs from November, 2018

Getting arrested for a DUI is a scary, frustrating, and confusing situation, especially if it is your first offense. Many people who get charged with drunk driving are not familiar with the criminal justice system, which leaves them vulnerable to legal pitfalls which may jeopardize their case.

The following are the most common mistakes people make after getting arrested for a DUI:

1. Fail to take their charges seriously – Since a DUI is a misdemeanor crime, many people simply ignore the charges they face because a misdemeanor is not as serious as a felony. However, a first-time DUI in Nevada is punishable by a maximum jail sentence of six months, a fine of up to $1,000, and driver’s license suspension for 90 days. Additionally, a misdemeanor conviction on your criminal card can damage your personal and professional reputation.
2. Talk to police – Some people think they have an opportunity to talk their way out of a criminal charge by telling law enforcement their side of the story. Unfortunately, any statements you make to officers may be used as evidence against you at trial. It is wise to exercise your Fifth Amendment right to remain silent until your lawyer is present.
3. Plead guilty – An arrest or charge doesn’t mean you are guilty of drunk driving. If you admit guilt at a court hearing, you lose the ability to fight the charges and penalties against you. This also means you may have to serve the maximum penalties.
4. Fail to regain your driving privileges – Once you are arrested, your driver’s license is automatically suspended. Keep in mind, this type of suspension is separate from the one you receive if convicted. However, you can request an Administrative Hearing in order to try to regain your driving privileges. Without your driver’s license, it can be difficult to commute to work or school. Relying on other means of transportation can result in tardiness or absences, which can result in loss of employment.
5. Not hire an attorney – As soon as you are arrested, it is wise to hire an experienced criminal defense lawyer to protect your rights and future. Your attorney can make sure you do not make any of the mistakes above and put you in the best position to get the best results.

If you have been arrested for a DUI in Nevada, contact our Reno criminal defense attorney at the Law Offices of Kenneth A. Stover and request a free consultation today.

Driving while under the influence (DUI) charges are serious, and successful DUI convictions can lead to years of penalties for the convicted. Unfortunately, many people plead guilty to DUI charges without contemplating the consequences and thinking through their options. Hiring experienced DUI representation is always beneficial to a case, and here are the reasons why.

Defensive Investigations Can Reveal New Information

When people are charged with a crime, their criminal defense attorney (if they have one) will investigate the case on their behalf. Thorough investigations can reveal new information concerning a case, and this new evidence can cause the court to question the integrity of the charges.

Defensive DUI investigations can potentially reveal case-breaking information such as:

• lack of “probable cause” leading to the arrest;
• lack of functioning reporting equipment (like a breathalyzer);
• lack of proper police protocol during and after arrest (like failing to state the Miranda warning before questioning someone in custody); and
• lack of a proper timeline to prove the necessity of the defendant’s arrest.

Anyone of the scenarios mentioned above can lead to a “not guilty” verdict in a court of law. Therefore, those accused of DUI should always hire representation that will investigate the case.

Arguments Affect Outcomes

Many people believe in black-and-white scenarios. If someone’s BAC is over the limit, they deserve to be prosecuted to the full extent of the law, regardless of the circumstances surrounding the scenario. In America, the criminal justice system is founded on the idea that the motives and conditions of a crime will directly impact the outcome of the case.

For example, manslaughter and murder charges have the same premise (someone was killed by another’s action, and the killer should “pay” for his or her crime), but drastically different outcomes (murder will result in harsher penalties than manslaughter). Why does the process work this way? Because motive and circumstances matter when it comes to sentencing.

Unlike manslaughter and murder, DUI cases do not have various degrees of severity. If someone drives with a BAC of 0.08% or 0.16%, the offense is the same; however, the penalties for a DUI conviction can vary greatly. For example, a first time DUI conviction in Nevada will lead to two days to six months of jail time or 96 hours of community service. The judge presiding over the case will hand down the sentence as he or she sees fit, which means arguing for a case may not affect the conviction, but it can drastically impact the severity of the ensuing penalties. Therefore, those accused of DUI should always hire representation in hopes of receiving less severe penalties.

Fighting a Case Upholds the Constitution

The American judicial system upholds the belief that people are “innocent until proven guilty.” A prosecutor’s job is to prove that someone is guilty of a crime, it is not on the citizen to incriminate himself or herself. Now if someone commits a crime and wishes to confess, that is well within their rights and they should do so, but the reality is that citizens have no legal obligation to incriminate themselves. With this in mind, why would someone forgo their right to hire experienced legal counsel and fight for his or her case? The burden of proof is on the prosecution, and this reality upholds the standards of the American justice system.

Need a Criminal Defense Attorney?

If you are looking for a criminal defense attorney, look no further than the Law Offices of Kenneth Stover. Attorney Ken Stover has been working cases for decades, and as a result, he has helped hundreds of clients with their criminal defense needs.

Call (775) 502-1575 now for a free consultation of your case!

Police officers have authority over American citizens, but this authority comes with tremendous responsibility; officers must adhere to strict policies and statutes while in the line of duty. If an officer breaches a policy while performing their job, it calls into question their integrity and character as a cop. Therefore, the police must follow the rules of the arrest process, and a DUI arrest is no different.

DUI Arrest & Questioning Policies

Police have to follow a number of rules during a DUI arrest; the following are some of the most important.

Probable Cause for Pulling Over the Driver

First and foremost, police officers must have probable cause for pulling over a driver. Probable cause cannot be a “hunch” or based on intuition, but a clear and concrete reason legal reason for pulling someone over.

Common actions/situations that trigger probable cause:

• Broken taillights;
• Forgetting headlights;
• Swerving;
• Speeding; and
• Forgetting to Signal Lane Changes;

Any of the scenarios mentioned above is considered probable cause for a traffic stop.

Administration of Field Sobriety Tests

An officer will typically use the Standardized Field Sobriety Test (SFST) to determine if someone is impaired from drinking alcohol. When police give these tests, there are some things they must do to ensure that the suspect is tested fairly. If police fail to test the suspect properly, the DUI case may be dropped for insufficient evidence.

Reading of Miranda Warning

If cops believe someone is drunk, they may arrest the suspect. After the officer arrests the accused, he or she must recite the Miranda warning before questioning the suspect; otherwise, the accused's statements cannot be used against them in a court of law. This is because the Miranda warning lists off the accused’s rights as a person charged with a crime, including the right to remain silent. If an officer fails to read off the rights of the arrested before questioning him or her, judges will typically throw out statements made by the accused because they believe the person unknowingly incriminated themselves,

If you have been a victim of unlawful arrest, it is crucial you hire a criminal defense attorney to fight for your case. The Law Offices of Kenneth Stover can help you make your case!

Call (775) 502-1575 now for a free consultation for your case!