Blogs from February, 2019

The stereotypical image of a DUI arrest almost always involves the driver taking a sobriety test and blowing into a breathalyzer. In the state of Nevada, the refusal to submit to a sobriety test can lead to harsher legal consequences, including license revocation. Police can even draw blood to test for sobriety without consent, if they have a warrant. But what are the legal ramifications if the arresting officer forgets or otherwise fails to test the sobriety of a DUI suspect? Can you still be charged with a DUI if there is no biological evidence that you were under the influence of alcohol or drugs?

A sobriety test is not required to arrest someone for a DUI. In most states, probable cause is legally enough evidence to complete a DUI arrest. This can include open containers in the car, the smell of alcohol or drugs, and/or the driver’s appearance and behavior exhibiting that of someone under the influence.

The absence of a sobriety test, while it doesn’t necessarily affect the arresting process, can make charging and sentencing a little more complicated. In the worst of these cases, the litigation can proceed as a “he said, she said” situation in which the “evidence” relies only on the accounts of the driver and the arresting officer, and possibly the driver’s appearance in the mugshot.

Regardless of the proof of driving under the influence that a sobriety test provides, defendants can easily face reckless driving charges or other traffic violations in relation to the arrest, and without biological evidence.

The negligence of the police can work in the favor of those arrested with a DUI if a sobriety test was not issued. The absence of test results can alter the perception of the arrest as baseless in court, and the failure of the arresting officer to issue a sobriety test can negate any other claims relating to the case. Basically, a DUI case with no test is more difficult to prove true, and the perception of an arresting officer as negligent can work in the driver’s favor.

Contact Our Experienced Reno DUI Lawyer

A DUI arrest without the evidence provided by a sobriety test, while legal, can impair the case of the prosecution. Without biological evidence to demonstrate the proof of the influence of alcohol or drugs while the defendant was driving, there is minimal basis for the accusation of a DUI.

Attorney Ken Stover has over 20 years of legal experience with over 16 years in criminal defense, and a background in teaching DUI law to other lawyers, police, and judges.

If you have been arrested for driving under the influence, please call the Law Offices of Kenneth A. Stover at (775) 502-1575 or contact us online.

Recreational marijuana use was legalized in the state of Nevada in 2017. This decision regulated the sale of cannabis products in Nevada, allowing licensed dispensaries to sell such products (with much of the revenue contributing to state expenses) and consumers to use marijuana without penalty.

The legalization of recreational marijuana gives consumers the authorization to use cannabis, free of harsh legal consequences that were in place before the law passed. However, there are still some parameters in which marijuana use is regulated in Nevada.

Consumers Must Be at Least 21 Years Old

Much like national alcohol laws, people must be 21 years of age or older to purchase and use marijuana. People under the age of 21 found using marijuana, buying it with a fake ID, or those who have purchased marijuana for an underage person, can face legal repercussions. For the underage person, they can be charged with a misdemeanor and be required to pay hundreds of dollars in fines. Someone who has given marijuana to a person under the age of 21 is guilty of a misdemeanor, with the crime being considered a gross misdemeanor if the minor is under the age of 18.

Using Marijuana in Public

Marijuana use is legal in Nevada, however, it is still not allowed in public spaces — even in dispensaries. Using marijuana in a public place is a misdemeanor and can result in up to a $600 fine.

The laws in Nevada legally permit marijuana use in a private setting. The law does not overrule the wishes of property owners, and home marijuana use is still subject to regulation from landlords. If your lease includes a clause prohibiting marijuana use on the property, you can face any of the consequences outlined in that agreement.

Growing Cannabis Plants

Under Nevada law, it is legal to grow marijuana privately, in the home, if there is not a dispensary within 25 miles. Each person living in the house is allowed to grow up to six plants, but the number of plants in the home cannot exceed 12. The plants must be hidden, grown in a locked room or greenhouse, and will be subject to the discretion of the property owner.

Growing cannabis illegally can result in fines and misdemeanor status, or a felony after the fourth violation. State legal penalties can also be coupled with other consequences if you are not able to grow marijuana in your home, as defined by your landlord or property owner.

Driving Under the Influence

It is illegal to drive while under the influence of marijuana, and passenger use is also prohibited. According to Nevada Law, you cannot use marijuana in a moving vehicle. The processes and penalties associated with a marijuana DUI are similar to driving while under the influence of alcohol.

Schedule a Free Consultation with Our Reno Drug Crime Attorney

The relatively new legality of marijuana in Nevada, along with the ever-changing laws that are the norm for the industry, leaves some room for error. If you have violated any of Nevada’s marijuana regulations, attorney Ken Stover is available to discuss your case.

The Law Offices of Kenneth A. Stover is available via phone at (775) 502-1575, and through our online message portal. Contact our Reno drug crime lawyer today for a free consultation.