Most Recent Posts from September, 2020
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Getting arrested for a
DUI in Nevada is a stressful and traumatic experience. Unfortunately, a conviction
carries serious consequences, such as driver’s license suspension,
fines, and even a jail sentence.
However, you may avoid jail time by participating in “DUI Court,”
which is an alternative sentencing program that allows eligible drunk
or drugged drivers to enter intensive rehabilitation instead of serving
time behind bars. If you complete this diversion program, the DUI charge
may be reduced to a lesser crime like reckless driving.
Keep in mind, not everyone facing a DUI charge in Nevada is eligible for
this program. DUI defendants who are not addicted to alcohol or drugs,
have more than two DUI misdemeanor convictions within a seven-year period,
have been convicted of a felony DUI, or has seriously injured or killed
someone while driving under the influence are not eligible for DUI Court.
The following are the two types of DUI Courts in Nevada:
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Misdemeanor DUI Court – This program enables eligible first- and second-time DUI defendants
to avoid jail, get their charge reduced, and treat their addiction (however,
second-time DUI defendants must serve at least five days in jail, rather
than 10 days). Misdemeanor DUI Court may last between six months and three
years. Conditions of this program include house arrest for 90 days, community
service, ignition interlock device (IID) installation, weekly or bi-weekly
counseling, random alcohol testing, and weekly check-ins with a judge.
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Felony DUI Court – This program enables third-time DUI defendants to avoid imprisonment
and a felony conviction. Felony DUI Court may last between three and five
years. Conditions of this program include house arrest for six months,
ignition interlock device (IID) installation for at least one year, weekly
or bi-weekly counseling, periodic alcohol testing, and weekly check-ins
with a judge.
Nevada DUI Court
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A misdemeanor conviction in Nevada is punishable by harsh criminal penalties,
including fines and even a jail sentence. If seeking a not-guilty verdict
appears to be unattainable, it is still possible to avoid conviction by
entering “pre-prosecution diversion.”
Pre-prosecution diversion enables eligible defendants to complete several
conditions (e.g., rehabilitation, educational courses, etc.) in exchange
for the court to dismiss their misdemeanor charge, which means there will
be no conviction on their criminal record. You do not have to enter a
plea – like a plea agreement – prior to entering the program.
A diversion program generally includes one or more of the following services:
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Rehabilitation
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Educational classes
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Anger management therapy
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Support groups
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Mental illness programs
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Veterans programs
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Community service
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Restitution
Defendants facing any misdemeanor other than
DUI,
vehicular manslaughter, a minor traffic offense, or any offense involving force or violence –
or the threat of force or violence – against another person or property
are eligible for pre-prosecution diversion in Nevada. If you were previously
convicted of a misdemeanor/felony (other than a minor traffic offense)
or previously completed diversion, you will not qualify for diversion.
As we mentioned earlier, successful completion of a diversion program will
result in the dismissal of your case and sealing of all records related
to your case. On the other hand, failure to complete the program will
lead to an arraignment and your case will proceed as if you never entered
diversion.
What is Pre-Prosecution Diversion?
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On September 15, 2020, the Nevada Supreme Court ruled that drunk drivers
who cause fatal accidents will no longer be charged with second-degree
murder. The most serious charge a
DUI motorist can face is felony DUI causing death.
DUI causing injury or death in Nevada is a category B felony, which carries
a prison sentence between two and 20 years, a fine of up to $5,000, and
driver’s license revocation or suspension for up to three years.
On the other hand, second-degree murder is a category A felony, punishable
by a prison sentence between 25 years and life – with the possibility
of parole after serving 10 years of the sentence.
The decision by the state’s highest court arose from a case involving
a man who was speeding between 70 and 142 miles per hour through a Las
Vegas residential neighborhood before causing a collision. When he took
a chemical test, law enforcement officials discovered marijuana in his system.
Chief Justice Kristina Pickering essentially said since there is no intent
involved in killing someone while driving impaired, the state may not
seek second-degree murder charges against drunk drivers who cause another
person’s death in an accident. Clark County District Attorney Steve
Wolfson said the ruling would lead to five second-degree murder cases
being dismissed.
If you or a loved one has been charged with a serious DUI offense in Reno,
contact the Law Offices of Kenneth A. Stover today and schedule a free initial consultation. Let a former prosecutor
protect your rights, reputation, and freedom.
A Fatal DUI Will Not Result in a Murder Charge in NV
