Blogs from May, 2022

The use of kava tea is becoming increasingly popular across the nation. In Reno, it’s easy to find a kava spot to sit and relax. Kava is a sedative tea, and it is often served in a bar setting. People sometimes refer to these spots as “sober bars,” but that label isn’t quite accurate. Kava has a numbing effect on both the mind and the body.

Thus far, the law has mostly stayed away from regulating or outlawing kava, but drinking kava and driving could have serious consequences. It may slow down your reaction times, creating a hazard on the road. Furthermore, it could have legal consequences.

We don’t encourage you to drink kava and drive, but doing so is still technically legal. Even so, police could use kava to arrest you for a DUID (driving under the influence of drugs) charge.

Here are some important facts about the legality of drinking kava and driving.

There Is Currently No Testing for Kava

There are ways to test for kava in the system. Currently, however, authorities have not included those tests in DUID arrests. Blood tests for narcotics can generally show traces of cocaine, heroin, meth, and so forth.

Therefore, if you are accused of driving under the influence of kava, there will be no conclusive proof of the accusation. This will be helpful in your case, as the evidence could boil down to your word vs. the police’s.

Not All Illegal Drugs Show Up in Testing

The conclusion above will help your case, but it may not completely protect you. Many drugs don’t show up in testing, but if the police believe your driving was impaired, you could still be charged and convicted of a DUID.

Using perfectly legal prescription drugs, for instance, could still result in a DUID arrest. If anything impairs your driving, the results could be the same. Police could, theoretically, charge someone with a DUID if they had too much coffee and drove erratically.

Getting Pulled Over After You’ve Had Kava

Since drug testing doesn’t reveal all possible drugs, police rely heavily on their judgement in a DUID arrest. They keep a close eye on a driver’s behavior, dilated pupils, and so forth.

If you’ve had any kava, even just a sip, and you get pulled over, remain silent. You may need to answer some basic questions like your name and address, but beyond that, you have no obligation to tell the police anything. Don’t answer questions about where you’ve been or where you’re going. Don’t fall for questions like, “What are you on right now?”

Don’t give the police any reason to believe your driving was impaired. Even if you’ve got an open cup of kava in the cupholder, don’t answer any questions about it.

If your driving was erratic, the police may be able to charge you with reckless driving. This is a heavy charge, and it requires a legal defense. It is not, however, as bad as a DUI or a DUID.

If you’ve been charged with a DUI or a DUID, call our firm at (775) 502-1575 right away. We can act fast, and we may be able to prepare a defense for you. You can also use our online contact form.

The words “assault” and “battery” are often used in the same breath to describe the same charge. People even tend to interchange the words, unconcerned about whether doing so causes any confusion.

In many ways, it’s okay to swap the terms. At the crimes’ most basic levels, they are usually charged and penalized identically.

There is, however, a legal difference between assault and battery. In this article, we will explore how the crimes are similar and different, and we will discuss Nevada’s penalties for each.

Defining Assault

Essentially, assault involves an unwanted invasion of personal space. If you spit on someone or throw something at them, you could be charged with assault. Recent headlines have revealed examples of glitter bombs resulting in assault charges.

Assault can also be the threat or intent of violence. If you get into someone’s face, yelling at or threatening them, you could be arrested. You may even be charged for balling your fist up at someone. Taking a swing at someone and missing is also a form of assault.

Defining Battery

Battery involves direct, physical, violent contact. It could be as minor as pushing someone or as egregious as a savage beatdown. Using objects to strike someone counts as battery as well, even if you throw it from a long distance.

Injury is not necessary to secure a battery charge. The simple act of touching someone against their will is enough to result in a battery arrest.

Nevada’s Assault Penalties

“Simple assault,” or assault committed without a weapon, is a misdemeanor in Nevada. It is punishable by up to 6 months in jail with fines as high as $1,000.

“Assault with a deadly weapon” is a Category B felony in the state. This is the second-highest felony class, so the charge is very serious. A guilty verdict could put someone in prison for 1 to 6 years, and the offender could be forced to pay fines up to $5,000.

Nevada’s Battery Penalties

Battery penalties rise depending on the damage to the victim. If the victim is mostly unharmed, the attacker faces a misdemeanor, penalized by up to 6 months in jail with fines up to $1,000.

If the victim is seriously harmed, the battery becomes a Class C felony, punishable by 1 to 5 years in prison and fines up to $10,000.

Battery with a deadly weapon is a Class B felony. It leads to 2 to 10 years in prison and fines up to $10,000.

Penalties also rise based on the victim. While on the job, certain workers are labeled “protected classes” An offender could suffer greater consequences for attacking one of these workers. Protected classes include teachers, officers, traffic workers, sports officials, and more.

If you’ve been accused of assault or battery, our firm is here to help defend you. For a free consultation, call us today at (775) 502-1575. You may also contact us online.