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Nevada DUI / DWI Questions & Answers
1 Answer | Asked in Criminal Law and DUI / DWI for Nevada on
Q: The statutes say you can only file a plea to withdraw if you haven't been sentenced yet except if it's basically unjust.

I have the plea ready but I didnt include anything about that but in its self its unjust.I really need for my plea to be granted.I need help.

Malcolm P. LaVergne
Malcolm P. LaVergne answered on May 31, 2020

Feel free to contact me at 702.448.7981. Plea agreements can be difficult to withdraw, but not impossible. There are multiple reasons for it to be set aside, even after a judgment is entered in some cases. Malcolm.

1 Answer | Asked in DUI / DWI for Nevada on
Q: Dui court tomorrow, no $ yet.Do I go? Don't wanna go to jail & miss my dream job I got. Barely got off the streets
Dale A. Hayes Jr.
Dale A. Hayes Jr. answered on Apr 12, 2018

Absolutely you need to go. If you don't appear the Court will issue a bench warrant for your arrest so you will most likely end up losing your "dream job" anyway. If you hire an attorney, he or she can appear at your arraignment on your behalf. Meaning you would not have to appear.... Read more »

3 Answers | Asked in Car Accidents and DUI / DWI for Nevada on
Q: Car accident, I was dui tested but the other driver was not. Is that right or should she have been tested as well?

I was involved in a car accident and the officers did a dui test on me but they never tested the other driver. I’m not claiming that she was drinking just doesn’t seem right to me. I was claimed at fault because I was making a left hand turn. As the ticket states failure to yeild at an... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 14, 2017

No, it's because cop felt you may have been driving. He needed "probable cause." if she didnt' appear to have been drinking, no reason to test her.

Left turn vehicle has duty to yield.

Unless she came through on a yellow light for her, I don't see her being at fault.

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1 Answer | Asked in DUI / DWI for Nevada on
Q: I got a DUI but they didn't do a BAC test until way after I was stopped

-- I heard that if they don't do it within two hours they might throw out the charges. Is that true?

Sean Neahusan
Sean Neahusan answered on Dec 15, 2016

While it is true that if BAC is not taken within 2 hours of driving the case get much harder to prove, and it may be enough to cause the case to be dismissed. DUI cases are highly fact based and you should let an attorney review the facts and discuss potential defenses with them.

1 Answer | Asked in DUI / DWI for Nevada on
Q: What happens if I don't show up for s supeona as a dui witness?
Paul Stanko
Paul Stanko answered on Oct 20, 2016

If you refuse to comply with a subpoena, you can be cited for contempt of court, jailed and/or fined.

1 Answer | Asked in DUI / DWI and Civil Rights for Nevada on
Q: my dui case for weed was dismissed i wasnt guilty and did each field test twice, can i sue the city or county ?

I wasnt high at all and these cops made me do the eye test 3 times for 3 different cops and ended up goin to jail for dui marijuana 2 days before my court date i received a call my case was dismissed, what should i do? Just let it go? Or is that like false imprisonment or something

Paul Stanko
Paul Stanko answered on Oct 1, 2016

Police officers generally have qualified immunity from lawsuits in the performance of their duties. Contact a personal injury or civil rights attorney if you wish, but don't be surprised if you are told there is nothing you can do.

1 Answer | Asked in DUI / DWI for Nevada on
Q: In Nevada, can I be forced to take a Breathalyzer if I request to talk with an attorney first?

In Nevada, can I be forced to take a Breathalyzer if I request to talk with an attorney first? Especially with the Implied consent law being ruled unconstitutional?

Malcolm P. LaVergne
Malcolm P. LaVergne answered on Apr 23, 2015

You cannot be forced to take a breathalyzer until the officer gets a court order to either force you to take a breathalyzer or have your blood drawn. You always have the right to remain silent until you speak to a lawyer, but the police office can get a court order before your lawyer arrives.... Read more »

1 Answer | Asked in DUI / DWI for Nevada on
Q: if you are on life time supervision and get a DUI what is the penitly
Malcolm P. LaVergne
Malcolm P. LaVergne answered on Apr 23, 2015

I'd like to know more facts, but if you are on lifetime supervision for a sex-related offense and get a DUI, it could be a violation of your probation or parole. If your formal probation and parole have ended, then you probably will only face the same potential penalties that everyone else... Read more »

1 Answer | Asked in DUI / DWI for Nevada on
Q: i need to get a pardon from dmv to re obtain my cdl is there on in northeast nevada tha can guide me on how to do this

need free consutaion if any one can help with this

Malcolm P. LaVergne
Malcolm P. LaVergne answered on Apr 23, 2015

Your best solution is probably to try and get your records sealed two years after the conclusion of your case. Malcolm.

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