Blogs from December, 2021

In the United States, driving is a privilege, and each state has the ability to revoke that privilege if they feel a driver has acted irresponsibly. Licenses are issued based on certain requirements and with certain rules in place. Failing to meet those requirements or breaking the rules can lead to losing a license. Penalties are especially strict for drivers who lose their privileges due to a DUI. The loss of driving privileges can be devastating for certain people and getting them back can be difficult. However, it is a possibility in some cases, and certain legal strategies can be used to help aid in this process.

Driver’s License Requirements in Nevada

Each state has distinct requirements for issuing driver’s licenses. In the state of Nevada, the requirements to receive a driver’s license are as follows:

• First, the person seeking a license must apply for a Nevada Instruction Permit, which is the steppingstone to a full Driver’s License. To be eligible for the permit, a person must:
  • Be able to provide proof of their identity
  • Live in the state of Nevada and provide a Nevada address
  • Inform the Department of Motor Vehicles of any preexisting permits or identification cards
  • Apply for the permit in person at a Department of Motor Vehicles location
  • Pay the required fees, which are applicable to testing and the permit itself
  • Pass a vision test
  • Pass a written knowledge test
  • Have their picture taken
• If the applicant is younger than 18, they must complete a driver’s education course. This requirement can be fulfilled by taking a course and completing 50 hours of supervised driving, or solely by 100 hours of supervised driving.
• After a permit is granted and all requirements have been met, an applicant can take a driving skills test to receive a full driver’s license.

Why Would Someone Lose Their Driving Privileges?

To ensure that roads are safe for all drivers, the state of Nevada penalizes those who drive under the influence, who do not maintain their vehicles in a safe manner, and/or who otherwise endanger other drivers. In some cases, the state will remove someone’s driving privileges as punishment. Here are the most common reasons driving privileges are revoked:

• Driving under the influence: Anyone caught driving under the influence of drugs or alcohol will have their license suspended. The duration of the suspension depends on how severe the violation was.
• Refusing a chemical test: If someone is pulled over on suspicion of a DUI and they refuse to comply with chemical testing, their license will be suspended.
• Driving without a license: If someone is driving without their license on them, their driving privileges can be suspended.
• Driving with a suspended license: Anyone caught driving with a license that has already been suspended will see the duration of their suspension increase, and they may receive a prison sentence of up to 5 years in length. The amount of time added to their license suspension will depend on why their license was initially suspended.
• Driving uninsured: Proper insurance is a legal requirement for all vehicles in Nevada. If a driver is caught operating an uninsured vehicle, their license may be suspended.
• Violating driving-related laws: If someone engages in any activity that qualifies as reckless driving, if they are at fault in certain accidents, if they are involved in street racing, and more, they can find themselves with a suspended license.
• Failure to pay: If someone fails to make payments on certain government-mandated accounts, such as child support, traffic tickets, or car registration, their license may be suspended. This also applies to anyone who tries to pay these fees with a check that bounces.
• Disqualification due to physical or psychological reasons: If the DMV determines that a person is temporarily unfit to drive, physically or mentally, they may suspend that person’s license until they have regained the faculties needed to safely operate a vehicle. The DMV can order re-evaluations to make such determinations.

License Suspensions Due to DUIs

All drivers convicted of a DUI will face a license suspension; the length of their suspension will be based on a few key factors. These factors include whether it was their first DUI and whether it was considered a felony DUI. Some of the terms regarding license suspensions for DUIs in Nevada are as follows:

• A driver convicted of their first DUI (or first DUI within 7 years) will have their license suspended for at least 185 days. However, many defendants in this situation are allowed to continue driving if they consent to installation of an ignition interlock device in their vehicle.
• A driver convicted of their second DUI within 7 years (including DUIs they received in other states) will have their license suspended for one full year. There is no option for drivers in this situation to continue driving with an ignition interlock device or otherwise.
• A driver convicted of a felony DUI will have their license suspended for 3 years. Many drivers in this situation are allowed to begin driving again after the first year if they consent to an ignition interlock device.

Felony DUI is one of the most serious driving offenses, and the license suspension that follows is the most serious in conjunction. A felony DUI in Nevada could be a 3^rd DUI within 7 years, a DUI that resulted in death or injury, any DUI that happens after a felony DUI conviction, or a DUI that results in vehicular homicide.

Getting a Suspended License Reinstated After a DUI

The process of getting a license reinstated after it was suspended due to a DUI can be difficult, but following the rules laid out by a judge and being patient can help make it happen as soon as possible.

As stated earlier, certain drivers can begin driving again before their suspension is over by opting for an ignition interlock device. However, the driver is responsible for all fees associated with the device, including the $150 installation fee and $75 worth of monthly fees for monitoring and calibrating the device.

Any driver seeking the reinstatement of their license after a DUI-related suspension will have to prove to the DMV that they still hold valid insurance for their vehicle. They may also be required to pass a written test, and they will have to pay reinstatement fees to the DMV.

Restricted License

Some drivers who had their license suspended due to a DUI will be eligible for a restricted driver’s license once they have served half of their suspension. A restricted license will allow eligible persons to drive themselves to their place of work, school, the doctor’s office, and to grocery stores. This option is only available to drivers with ignition interlock devices in their vehicles.

Once the DMV has proof of a device in an eligible driver’s vehicle, they can issue that driver a restricted license. The specific restriction the license will hold is restriction Y. This option is not available to drivers beyond their first DUI conviction.

If someone violates their restricted license, they may face the following penalties:

• A jail sentence between 30 days and 6 months
• House arrest between 2 and 6 months
• Fines between $500 and $1000

Contact an Attorney Today

If you have been pulled over for a DUI and have lost your driving privileges, contact the Law Offices of Kenneth A. Stover today. With over 25 years of experience serving drivers in Nevada, our knowledgeable attorney is ready to fight tirelessly on your behalf to get your driver’s license reinstated. We understand that DUI convictions and losing driving privileges can significantly impact your life for a long time, which is why we make it our goal to re-establish your driving privileges as quickly and efficiently as possible. Contact us for a free consultation today at 775-502-1575 or via our online contact form.

Being accused of battery can be devastating. The consequences of a conviction are life-altering, and there is a lot of shame that comes with the accusation alone. Aside from the legal ramifications of a battery charge, there can be social consequences, and many people find themselves unable to return to normalcy for a long time. This is especially the case when someone is convicted, which is why the legal strategy they create with their attorneys is incredibly important. Fighting a battery charge can be difficult, but it isn’t impossible if certain legal strategies are implemented.

What Is Battery in Nevada?

Nevada state statutes define battery as willfully and illegally using force or violence against another person. Many people think of violent acts when hearing this definition, but even just touching someone can be considered battery if the other person did not consent beforehand. Legally, an injury does not need to occur for someone’s behavior to be classified as battery; intent to harm is all it takes. Using an object to injure someone or attempt to injure them is also battery.

In the state of Nevada, there are 4 types of battery, and each crime is associated with its own consequences. The 4 types of battery in Nevada are:

• Simple battery
• Battery resulting in major bodily harm
• Battery using a deadly weapon
• Domestic violence battery

Simple Battery

Simple battery, also known as misdemeanor battery, carries the least heavy consequences. For someone’s actions to be considered simple battery, they must meet the following conditions:

• They touched someone intentionally and the touch was unwanted
• They did not have a deadly weapon at the time
• They were not imprisoned or on probation at the time

The first time someone is convicted of simple battery in Nevada it will be classified as a misdemeanor. Penalties could include a 6-month jail sentence and a $1,000 fine.

There are certain enhancements for misdemeanor battery, and when someone’s actions fit the description, they will be charged with gross misdemeanor battery. Gross misdemeanor battery has to meet the same conditions as simple battery, as well as:

• The person who was attacked had special protections under the law. Some examples of applicable protections include teachers, public transit workers, judges, healthcare professionals, firemen, and more.

If someone is convicted of gross misdemeanor battery, they could receive a jail sentence of up to 1 year as well as a $2,000 fine.

Battery Resulting in Major Bodily Harm

Nevada state law defines battery resulting in major bodily harm as hitting or touching someone intentionally and causing severe physical injury to that person. Examples of major bodily harm include:

• Broken bones
• Paralysis
• Injured organs
• Lacerations that require stitches
• Wounds from stabbings or gunshots
• Concussions

Again, an action resulting in major bodily harm to another person must be intentional to be considered battery. Anyone convicted of battery resulting in major bodily harm will receive strict consequences, as the crime is classified as a Category C felony. The potential consequences include:

• A prison sentence between 1 and 5 years
• A fine of up to $10,000

Battery Using a Deadly Weapon

Battery using a deadly weapon is defined as intentionally trying to cause injury to another person using a weapon that could cause major bodily harm or death. Therefore, anything that can be used to injure to someone could be considered a deadly weapon, in addition to commonly known weapons such as guns and knives. For example, if someone hit another person over the head with a beer bottle and that person wound up with a concussion and needed stitches, the beer bottle would be classified as a deadly weapon.

Battery using a deadly weapon is classified as a Category B felony in the state of Nevada. Consequences include:

• A prison sentence between 2 and 15 years
• A fine of up to $10,000

The length of the prison sentence and total amount of fines imposed on someone convicted of battery using a deadly weapon generally depend on how severe the resulting injury was and, in some cases, what weapon was used.

Domestic Violence Battery

Domestic violence battery occurs when someone intentionally makes offensive physical contact (violent or otherwise) with someone they are in or used to be in a domestic relationship with. In this context, “relationship” includes”

• Spouses and former spouses
• Anyone who is blood-related
• People who live together
• People who have dated or are dating
• People who have children together

The conditions that need to be met for someone’s actions to be considered domestic violence battery are the same as other forms of battery. The state singles out this type of behavior to remind people that violence committed against a loved one or household member is not just a private matter, and that it can be prosecuted.

The potential consequences for domestic violence battery depend on whether it is the first offense. A first offense will be classified as a misdemeanor, with a jail sentence between 2 days and 6 months. The convicted person will also have to pay a fine between $200 and $1,000 and perform between 48 and 120 hours of community service. They will also need to attend counseling for 1 and a half hours a week for 6 months.

A second domestic violence battery offense is also a misdemeanor. The consequences include a jail sentence between 10 days and 6 months, a fine between $500 and $1,000, between 100 and 200 hours of community service, and 1 and a half hours of weekly counseling for a year.

A third domestic violence battery offense is a felony and results in a prison sentence between 1 and 5 years. Felony domestic violence battery cases do not qualify for probation.

Restitution

In certain battery cases, the person convicted will be required to pay restitution to the person they committed the battery against. This is done to compensate that person for any losses due to their injuries, such as hospital bills, therapy, or damaged property. Whether someone will pay restitution is up to the judge.

Defending Against a Battery Charge

Having a strong defensive strategy is extremely important when fighting a battery charge. Common defenses include:

• Accident: For someone to be convicted of battery, the incident in question must have been intentional. If the defendant can prove that their actions were accidental, they will not be convicted. For example, if someone closes a car door without realizing that another person’s hand is still in the car, they cannot be charged with battery for the person’s injured hand.
• False accusation: Someone may falsely accuse another person of battery to get revenge on them, because of a misunderstanding, or due to misidentification . If someone accused of battery can prove that the accusations is false, the charges will be dropped.
• Self-defense: A person accused of battery can claim self-defense so long as the force they used was proportionate to the force being used against them. For example, if someone has a gun pulled on them, it would be considered reasonable for that person to inflict physical harm to stop the attack.
• Consent: If someone accused of battery can prove that they were engaged in a consensual physical confrontation, such as a planned fight, they cannot be convicted of battery.
• Defense of others: If someone caused harm to another person because they were defending someone else, they may be able to use that as a defense in court. For example, if someone caught 2 people in an intense fight and had to use force to break them up because one of them became seriously injured, that could be a plausible defense against battery charges.
• Intoxication: Intoxication may be a plausible defense for a battery charge, but only if the intoxication was involuntary. If someone was drugged unknowingly and became violent as a result of the effects of the drug, they might not be held legally responsible for their behavior.

An important aspect of defending against a battery accusation is gathering as much evidence as possible. An experienced criminal defense attorney can help someone do that by contacting witnesses, collecting the appropriate documentation such as police reports and medical records, and more.

Contact an Attorney Today

If you have been accused of battery and are now facing legal consequences, contact the Law Offices of Kenneth A. Stover today. With over 25 years of experience working in the justice system, our attorney can help you navigate the legal process with empathy and personalized service. Our goal is to help you secure the best possible outcome for your situation, such as having your charges reduced or even dropped. Contact us today at 775-502-1575 or via our online contact form for a free consultation.