Blogs from September, 2021

If you have been arrested for a DUI, having a child under 15 years old as a passenger in the vehicle at the time of your arrest is considered an aggravating factor. Although a first-time DUI conviction generally leads to a suspended sentence, a DUI with a minor passenger will often result in a jail sentence.

In addition, you can also be charged with child endangerment, which is a separate offense from the original DUI charge. The criminal penalties for child endangerment depend on if the child suffered an injury and your criminal history.

The following is a breakdown of the penalties for child endangerment in Nevada:

1. The child did not sustain an injury and you did not intentionally or willfully place his/her life in danger – The first offense is considered a gross misdemeanor, punishable by a jail term of up to 364 days and/or a fine of no more than $2,000. If you were previously convicted of child endangerment, then the offense is a Category C felony, which carries a maximum prison sentence of five years and/or a fine of up to $10,000.
2. The child did not suffer an injury, but the offense was committed willfully – This offense is a Category B felony, which carries a prison sentence of up to six years. If you were previously convicted of child endangerment, then the offense is punishable by imprisonment for up to 15 years.
3. The child suffered serious physical or mental injury – This offense is also a Category B felony, but a conviction can lead to imprisonment for up to 20 years, which is the maximum sentence for this particular type of felony.

Not only does a conviction result in harsh criminal penalties like a lengthy jail sentence, costly fines, and a permanent criminal record, but you could also lose custody of your child. If you are facing DUI with a child passenger, it is wise to have an experienced criminal defense attorney defend you in court.

If you have been arrested for DUI with a child passenger in Reno, contact the Law Offices of Kenneth A. Stover today for a free case review. Let a former prosecutor protect your rights and best interests from start to finish.

After Gov. Steve Sisolak signed Assembly Bill 341 into law in June 2021, cannabis consumption lounges are set to open in Nevada by mid-2022 because of a recent increase in funding from the state’s Interim Finance Committee (IFC). AB 341 created the licensing process and regulations for an unlimited number of lounges.

According to The Nevada Independent, the IFC unanimously approved funding of nearly $11.5 million for the state’s Cannabis Control Board (CCB) to obtain more full-time staff members, work with the Nevada AD to establish regulations, and administer revenue from cannabis sales toward funding for education. The CBB also plans to establish regulations on licensing and applications for consumption lounges later this year.

While one cannabis consumption lounge—called NuWu Cannabis Marketplace—already exists on the land of the Las Vegas Paiute Tribe, the law gives the green light for more lounges to open and give Nevada residents and visitors the ability to consume marijuana products outside of their homes. Only adults who are at least 21 years of age would be allowed to enter a lounge, which will also provide single-use and ready-to-consume products – and no alcohol.

Before AB 341, cannabis consumption was only allowed in private residences if owners allow it, which is not the case for many renters and tenants. Casinos and hotels prohibit the use of cannabis.

The initial cap for the number of independent consumption lounge licenses will be at 20 – with half of this number reserved for social equity applicants. Additionally, 20 existing dispensaries will have retail consumption lounges attached to their facilities.

The cost of applying for a retail consumption lounge is $100,000, but it only costs $10,000 to apply for an independent consumption lounger. The license issuance and renewal fees cost $10,000 for both types of lounges.

The law also contains social equity provisions—for those who have been adversely affected by the criminalization of marijuana under previous laws—when it comes to obtaining a license to own and operate a cannabis consumption lounge. Qualified social equity applicants are eligible for up to 75 percent reduction in application fees, which can cost a total of $30,000 or more.

If you are interested in starting a cannabis business in Reno or obtaining legal assistance to help manage your operations, contact the Law Offices of Kenneth A. Stover today for a free consultation. More than 25 years of experience serving the legal justice system of Nevada.