Blogs from January, 2020

A charge of domestic battery is not a conviction. While the arrest can be extremely emotional and traumatic, defendants should not give up hope. There are reasonable explanations that can either shift a domestic battery claim or create enough reasonable doubt to avoid conviction.

A few viable domestic battery defenses include:

Self Defense

Domestic violence is a two-way street in some relationships. If someone with a history of domestic abuse believes their life is in danger, they may be justified in responding with force. However, this requires that the defense demonstrate a reasonable threat from the other partner.

False Allegations

False allegations happen. Just recently, actress Amber Heard admitted to falsifying claims about her then-husband, Johnny Depp. Anger is a powerful emotion and can cause people to wield accusations that only exist to hurt their partner or even send them to jail.

Creating Doubt  

Securing a conviction requires that the prosecution demonstrate the act “beyond a reasonable doubt.” This means that once they’ve reviewed all of the evidence, the judge or jury can find no alternative to the crime. They accept that that it was committed as the prosecution alleged.

An experienced domestic battery lawyer uses the evidence to craft a story. They win by sowing reasonable doubt that demonstrates the previous defenses or others through a close examination of the evidence combined with witness testimony.

An experienced criminal defense attorney is a crucial part of any trial. Oftentimes, hiring a private criminal defense attorney can be the difference between freedom and conviction.

If you were charged with domestic battery, you should seek legal representation. If you’d like an experienced domestic battery lawyer from Law Offices of Kenneth A. Stover to evaluate your record, please send us an email or call (775) 502-1575.

Even if you’re careful with your drinking, it can seem like some people are out to get you. If you ever find yourself pulled over while clearly under the legal limit of 0.08% BAC, you may be surprised when a police officer asks you to step out of the vehicle. If that happens to you, you may wonder whether you can be arrested while under 0.08%?

Under Arrest

Implied consent law says that you once arrested you cannot refuse a breathalyzer test without a penalty. However, police can arrest you for driving under the influence if they believe there is probable cause to do so.

If an officer believes you’re acting strangely, driving unsafely, or if they are particularly insistent on using the field breathalyzer, they might put you under arrest regardless of your BAC.

Other Influences

Once at the police station, implied consent requires that you submit to a breathalyzer test. Police may also obtain a warrant for a blood or urine test to determine your BAC. If these tests come in below the legal limit of 0.08%, then the charges are unlikely to stand.

However, if a warranted blood test or urine shows signs of controlled substances in your system (including marijuana), you could face additional charges for driving under the influence.

Avoiding these charges starts with understanding your rights and hiring an experienced DUI lawyer. An experienced attorney will fight for your rights and ensure that you make the best defense possible your case moves forward.

If you were charged with a DUI, you should seek legal representation. If you’d like an experienced Reno DUI Lawyer from Law Offices of Kenneth A. Stover to evaluate your record, please send us an email or call (775) 502-1575.