How Does the Nevada Tally Demerit Points?

 

The Nevada Department of Motor Vehicles implements a demerit system for drivers who commit different types of offenses within the state’s roads. These points are retained on the offending driver’s license and record for the next twelve months, after which it will reset to zero. A driver must receive at least 12 demerit points within this twelve-month period for their license to be suspended.

The number of points awarded depend on the severity of the offense. Let’s look at the various grades of demerit points an offending driver may receive in Nevada.

Light Offenses

Light traffic offenses receive the lowest amount of points, either one or two points depending on the type. However, while they are lower on the scale, they are still potentially dangerous traffic crimes for the offender, other drivers, and pedestrians. Otherwise, they only count as inconveniencing other drivers and disrupting regular traffic. These offenses are:

• Going beyond the speed limit, depending on how many miles above the limit was recorded. Going between 1 and 10 mph above counts for one point, while going between 11 and 20 mph counts towards two points.

• Driving too fast during certain road conditions or prima facie overspeeding counts for 2 demerit points.

• Failure to dim headlights merits two points.

• Impeding traffic or going below the minimum road speed counts for two points.

Middle Level Offenses

These traffic crimes are more serious than those in the previous section. Crimes committed in this section have a serious chance to cause injury or death if left unchecked. These include the following:

• Going between 21 and 40 mph above the speed limit. 21-30 mph violations are marked by 3 demerit points while 31-40 mph violations equate to 4 demerit points.

• Disobeying traffic signs and symbols equates to 4 points.

• Using a mobile phone by hand while driving counts for 4 points. The same number counts for subsequent citations.

• Passing ahead of a signaling bus equates to 4 points.

• Disregarding right-of-way rules in public roads counts for 4 points.

• Tailgating or driving dangerously close to another vehicle’s rear-end also counts for 4 points.

Severe Offenses

These are the highest level of traffic offenses that a driver can receive demerit points for. These violations can and will lead to severe property damage, injuries, or death if not dealt with promptly.

• Driving above the speed limit at 41mph and beyond counts for 5 demerit points.

• Not rendering assistance or exchanging contact information during a road accident counts for 6 points.

• Careless driving (ie, driving without fully focusing on the road, driving while being negligent of road signals and signs, driving while ignoring unsafe car conditions) equates to 6 points.

• Reckless driving (ie, intentionally dangerous driving) merits 8 points. It is currently the highest on the points scale and the one with the most severe penalties even for first-time citations.

Traffic demerit points can easily fill up, leading to a quick license suspension that lasts for at least a year. Stay informed about situations that can lead to you receiving these demerit points. Ask your lawyer about how to avoid these situations, or how to contest a possible license suspension.

Factors that Determine a Property Owner's Liability

 

The Humphries v. New York-New York Hotel and Casino case is an interesting study into a property owner’s liability related to a crime. In the case, the plaintiffs claimed that the hotel owners failed to ensure their safety, leading them to suffer injuries during an altercation. The case received a verdict in favor of the plaintiffs after a long process that included reviewing all the circumstances related to the case.

Owner’s liability is a major legal headache even when you are not directly connected to a crime. If you fear that you can easily be at risk of getting a civil charge related to this, you should know what to expect. Let’s look at factors that Las Vegas courts consider when determining your liability as a property owner.

Failure to Act

Owners and staff of an establishment are duty-bound to ensure the safety and protection of their patrons and visitors. Failure to do so leaves them open to a liability charge. Delaying any action to assist or protect patrons also counts, and can count as a more serious offense in the long run. For example, on-site personnel stood around for a minute or so instead of quickly defusing a physical situation between patrons; this was cited in the Humphries case and was one of the factors that led to the higher court’s reversal of the original verdict.

Foreseeable Danger

A court can find you liable if evidence shows that your property or establishment has many foreseeable dangers that you failed to account for. For example, unrepaired floorboards, loose wirings, and dangerously-placed furniture can all be grounds for determining foreseeable danger. The judge can also consider the lack of precautions to prevent harm to guests and patrons as a sign of foreseeable danger. For example, the lack of security detail or warning signs regarding hazards can count.

Prior Incidents

The property owner is responsible for keeping up with anything happening on their premises. If a dangerous incident or crime has already happened in the vicinity and the owner failed to deal with it, they can be held liable for any injuries or deaths on their property. This includes failing to renovate risky sections or not highlighting accident-prone areas. It can be worse if they have received complaints from other patrons about such incidents repeatedly and yet they fail to deal with it in a timely manner.

As a property owner, you must be aware of situations that can leave you open to being sued. Avoid being negligent about your property’s safety and security risks if you don’t want to deal with the legal headaches later on.

What is Modified Comparative Negligence?

 

Road accidents are a fairly common sight in Nevada’s roads. It is a regular sight to read about crashes caused by drunk drivers or reckless pedestrians. Collisions caused by lead drivers may not be as common, but they still pop up from time to time.

In most crashes, the fault lies in only one party or another, regardless of whether or not they started the crash directly. However, Nevada recognizes that there are circumstances where all parties involved led to the crash in one way or another. In such cases, the state awards damages to select parties under the Modified Comparative Negligence rule.

What is this Rule?

Comparative negligence is a legal rule that reduces the amount of damages a plaintiff in a road accident can receive proportionate to how much they contribute to the accident in the first place. That is, if a person seeking damages caused part of the accident in the first place, they will receive only a fraction of the possible reparations. This stands in contrast to contributory negligence, a doctrine that bars reparations even if the plaintiff only if their part in the accident was minimal.

There are currently three types of comparative negligence in effect across the United States today. They are:

• Pure comparative negligence, which subtracts the reparations from the amount of damages inflicted by the plaintiff (i.e., only getting 20% reparations if the accident was 80% their fault)

• ‘Threshold’ comparative negligence, where the plaintiff can only receive reparations if their contribution to the collision is not greater to the other parties. This is Nevada’s current rule, with a damage/negligence threshold of no more than 50% for the plaintiff.

• ‘Parity’ comparative negligence, where the plaintiff’s contribution should not be the same value as the combination of all the other involved parties. 

Note that the terms used for the two types of comparative negligence are conjectural, based on their nature.

Threshold?

As stated earlier, Nevada follows a modified comparative negligence doctrine based on a 50% threshold. If the plaintiff breaches that threshold, they are barred from recovering any reparations from the accident. Also remember that the court has the final say in the amount recoverable for the plaintiff, regardless of how large or small the percentage of negligence is.

In any case, this can be a better situation than being in a handful of states that still implement the contributory negligence doctrine. These states include:

• Alabama

• Maryland

• North Carolina

• District of Columbia

Special Circumstances

There are special circumstances where the responsibility of the crime is placed squarely in the defendant instead of being shared between the parties involved. Such cases are the prerogative of the courts and may or may not be based on the circumstances of the case. Two examples include:

• Failure to follow protocol or policy (i.e., failing to provide safety equipment or guidelines that would have saved an otherwise careless plaintiff)

• Failure to follow societal or judicial norms (like not holding a minor responsible for consenting to sexual activities with an adult, because it was society’s duty to protect the minor in the first place)

Get in touch with a defense attorney to better understand how Nevada’s modified comparative negligence doctrine works.

Four Factors that Constitute Child Abuse

 

Parents have the right and obligation to instill discipline in their children, especially when they are acting out of line. In many instances, this may involve a heart-to-heart talk detailing where the children are wrong and teaching them how to act right. For more old-fashioned families, however, parents may result to corporal punishment to get their message across.

Of course, an excess of anything can turn bad really quickly. In this case, going too far with the punishments may lead to the act qualifying as child abuse and can potentially leave the parent open to a criminal charge. For that to happen, however, at least four factors must be put into consideration.

Significant Harm

Corporal punishment often leads to some sort of injury, like light bruising after a spanking or pinching. However, if the disciplining act leads to even more serious wounds, it can qualify as an act of abuse. For example, lightly spanking a child for misbehavior may not inflict lasting effects; however, repeated hitting, or using other implements like a leather belt, can cause serious long-term injury. Certain physical methods automatically count as abuse, such as punching or kicking a child.

Stress

Excessively forceful child discipline not only affects them physically; it also hurts them mentally and emotionally. Prosecutors would definitely consider a case to be abuse-related if the child shows signs of post-traumatic stress, is increasingly withdrawn or antisocial, is increasingly aggressive, or is reported to be suffering repeated episodes of night terrors and bed-wetting after the alleged abuse. If the prosecution can find a direct link between the alleged abuse and the child’s current mental and emotional state, it can be more difficult for the parent to defend their case in court.

The Child’s Age

A victim’s age can be a significant factor in determining the severity of a person’s crime. In the case of child abuse, acting heavy-handed against someone who is basically a toddler constitutes a serious charge. In general, the younger the child, the heavier the alleged crime; this could be considered worse if the abuse has been happening for years.

Possible Sexual Assault

Corporal punishment involves physical contact. However, some disciplining acts may leave the child vulnerable to sexual exploitation. For example, instances of spanking might have episodes of inappropriate touching. If the prosecution finds evidence of such incidents, they can easily escalate the charge by adding charges for sex crimes.

Any one of these factors can be enough to put you up against a serious domestic violence or child abuse charge in Las Vegas. Thankfully, you can defend yourself with veteran help. Get in touch with reliable defense attorneys to help you deal with your case.

Why An Appeal to Commute a Sentence was Denied

 

Getting convicted for a serious charge in Las Vegas means that you can expect some pretty long times in prison. Fortunately, there are plenty of post-conviction options that a defendant can choose from to help them lighten their sentences. For one thing, those who have been incarcerated for long enough can request for their sentences to be commuted.

Like many other instances, however, an appeal to commute a sentence can be denied by the Pardons Board under certain circumstances. Let’s look at some reasons why an appeal to commute a sentence was denied.

Request Lacked Merit

The standard reason for denying an appeal to commute a sentence is because of a lack of merit. That is, the prisoner’s reasons for the commutation lack any weight and are thus no grounds for the appeal to stand on. For example, a prisoner may claim good conduct for the period that they were incarcerated, but they lack documents to prove such conduct. Conversely, other parties may disprove this claim and submit their counter-arguments during the deliberation period (for example, prison guards may declare that the appealing prisoner was actually more violent or manipulative while incarcerated).

Up for Parole

Prisoners who are up for parole less than a year before the next Pardons Board meeting are blocked from making appeals. Any attempt to do so will be automatically denied, citing this reason. However, the prisoner viable for parole may still get a chance to request a commutation if they are involved in extraordinary circumstances related to the case.

Modified Sentences

A petition for a modification of a sentence is a petition that changes the contents of a sentencing document. Modifying sentences may lead to reduction or addition of provisions to the original sentence, depending on circumstances. In connection to commuted sentences, a request for commutation may be denied if a petition to modify the original sentence is in effect. The petition can be filed either by the judge overseeing the case, or the district attorney.

Public Opposition

Nevada’s populace has a say with regards to sentence commutations, even for relatively unknown prisoners. They are free to submit their support or opposition to a proposed commutation by mailing their opinion to the Nevada Pardons Board. Strong public backlash for certain cases may affect the chances of a prisoner’s commutation appeal in the long run. Note that this is admittedly a minor reason compared to the others; the governor and the Board can choose to ignore public input and go ahead with the reduced sentence.

There are many other reasons why an appeal to shorten a prisoner’s sentence can be denied. That doesn’t mean it’s the end for them, however. Ask a defense attorney about other post-conviction options that are readily available.

Four Instances that can turn a First-Time Domestic Battery Charge into a Felony

 

As far as convictions go, a first-time domestic battery charge isn’t too bad. On top of just a short jail stay, the fines are relatively cheap, and the other obligations aren’t too heavy. All in all, a defendant can go through their sentence without much trouble.

Remember that things can easily come to a head in such cases, however. A little bit of evidence or a surprise testimony can easily transform the charge into a more serious one, making it more difficult for the defendant to get a dismissal or not-guilty verdict. Let’s look at 4 cases that can turn a first domestic battery charge into a felony.

Strangulation

Domestic battery cases often involve the use of bare hands and/or feet to inflict physical pain on a victim. The damage is fairly visible at first glance and can lead to a conviction if a sure link to the defendant can be determined. However, if neck damage due to strangulation is confirmed, the battery case is automatically escalated to a felony charge. Strangulation may involve bare hands or any device that can be wrapped around the neck, like rope.

Use of a Deadly Weapon

A battery remains a battery if the offender only used a part of their body to inflict injuries on the victim. However, if they use an item that puts the victim at risk of death, the first offense automatically escalates to a felony. Examples of deadly weapons include knives, heavy blunt objects, or guns.

Substantial Bodily Harm

Battery cases are still considered misdemeanors if the victim sustained relatively light injuries. That is, the injuries did not interfere with their everyday functions. However, if the victim actually suffered enough that their body was temporarily or permanently prevented from functioning normally, that constitutes a count of substantial bodily harm. Such situations automatically merit a felony charge for the defendant.

Previous Domestic Violence Convictions

Some felony charges come into effect automatically when the defendant is a repeat offender. In the case of a domestic battery charge, the defendant must have had at least two prior convictions for related charges in the past. This only comes into effect if the previous verdicts were handed down within the past seven years.

Felony domestic battery charges can be difficult to defend against, but they can be overcome. Get in touch with a veteran domestic violence lawyer in Las Vegas to represent you.

What Happens During a Car Inventory Search?

 

So the Las Vegas police impounded your car for one legal reason or another. Reasons may vary from something as simple as illegal parking to something severe like reckless driving. Your vehicle will be towed to the nearest impound lot and will remain there until the case is resolved.

The thing is, your vehicle doesn’t just stay put in the impound lot. As standard procedure, police officers will conduct a vehicle search in your car to see what items are left inside. This procedure is known as a car inventory search, and is conducted for every vehicle that gets impounded.

What is a Car Inventory Search?

A car inventory search is a process where law enforcers search through your car to identify all items left within it at the time of impounding. The police will thoroughly sift through your vehicle, cataloging every item they see. This will include items stored in the glove compartment, seat pockets, trunk, and any other auxiliary storage space.

Law enforcement conducts inventory searches for at least two reasons:

• The police are entrusted with protecting the vehicle owner’s property while it is in their custody

• The police can use the comprehensive inventory against possible claims of lost or stolen property when the owner recovers their car

• The police is looking for possible hidden dangers within the vehicle, such as hidden explosives or unregistered firearms

Is Consent Needed for It?

Police officers need neither the owner’s consent nor a search warrant granted by the presiding judge to conduct an inventory search. They also do not need probable cause to search the vehicle. As an inventory search is part of standard police procedure, it does not need any prerequisite documents.

Can the Driver Do Anything About It?

As stated in the previous section, the driver does not have a say about the police conducting an inventory search. The driver can only hope that the inventory search can protect whatever items they have left behind in the car before it was impounded.

However, the driver can complain if the items cataloged somehow end up being used as evidenced against them in a related charge. The driver’s defense attorney can allege that the inventory search was conducted without following legal procedures. They can also claim that the inventory search was actually intended to search for incriminating evidence in the first place.

Car inventory searches are standard protocol for impounded vehicles, but some officials may take it a step too far without the owner’s consent. Ask your lawyer about how to protect you from the adverse effects of a car inventory search.

Who Writes Your Presentence Investigation Report in Las Vegas?

 

The pre-sentencing process is an important interlude between the conviction and the actual application of penalties for a defendant. It is during this period that the presentence investigation report is conducted. The presentence investigation determines what level of penalties are appropriate for a defendant’s crime, based on important information gathered from the defendant and/or their associates.

Such an important document can only be handled by important individuals within the justice system. As a matter of course, the presentence process is handled by officials from Nevada Parole and Probation, a division of the state’s Department of Public Safety. Let’s look at the people who are involved in writing a presentence investigation report in Las Vegas.

Probation Officers

Probation officers are expected to lead in compiling a PSI report as they will interact with the convicted individual on a regular basis. They are thoroughly trained to gather the information efficiently and comprehensively so that nothing is overlooked. Usually, the officer handling the report also becomes a defendant’s assigned probation officer after the sentence is carried out.

Mental Health Specialists

Maintaining a defendant’s mental well-being is still important even when they are serving time. As such, mental health professionals are assigned to interview the defendant and determine if they are mentally prepared (or mentally sane) enough for the possible penalties that befit the crime they were charged with. They can also add suggestions in the report about how to handle a defendant’s mental and emotional state throughout the post-sentencing. Psychiatrists may furnish a medical regimen to ensure that the defendant remains mentally fit, while psychologists can suggest psychotherapy sessions with the defendant.

Medical Professionals

 Medical professionals investigate a defendant’s medical status and background to determine whether or not they are physically prepared to handle the penalties that they’ll be sentenced with. They may conduct health tests that cover different aspects of the body, like weight, blood pressure, medical history and diet, among others. They can also determine if the defendant will need unique add-ons like changed eating habits, unique exercise routines, or a possible transfer to a more accommodating detention facility if the current one disagrees with their physical well-being.

Family and Marriage Therapists

These individuals can conduct a more intensive investigation into the defendant’s personal relationships. They may look into family history, possible divorces and separations, and child support dues that the defendant may have. They may also interview the victims and determine the emotional effect that the crime has had on their family.

These are just four types of professionals that are directly involved with writing a presentence report. Others may be called in depending on the circumstances of your charge and conviction. Consult your defense attorney for more information.

What's the Difference Between Aggravating and Mitigating Factors in a Case?

 

If you’ve read transcripts of court proceedings or watched courtroom dramas, you might have heard the terms ‘aggravating factor’ and ‘mitigating factor’. They appear quite often in more serious criminal hearings, like sexual assault and murder cases.

These terms aren’t just legalese written in records for their own sake. They can affect the severity of a crime and a person’s guilt, and can lead to harsher or lighter punishments, depending on which is more plausible. Let’s look at the differences between Aggravating and Mitigating Factors in a case.

What’s Aggravating?

Aggravating factors increase the severity of a crime and a defendant’s guilt. An increasing number of these kinds of factors can elevate a charge from a lower classification to a higher one up the chain automatically. A confirmed link to the defendant could make it more difficult to have the charges dismissed.

Aggravating factors vary in level and severity depending on the case. They can be as simple as confirmed premeditation for the crime to the intentional use of deadly weapons and force. Other factors can also be taken into account, like an increased risk of re-offending, a previous criminal record, and the defendant’s current mental condition.

What’s Mitigating?

On the opposite end, mitigating factors intend to reduce the severity of a defendant's crime. A greater number of mitigating factors can lessen the impact of the charge and open the defendant to lesser penalties.

Much like aggravating factors, mitigating factors can vary in level depending on the charge. At worst, they can reduce your sentence; at best, they give you a chance to achieve a dismissal even for the worst crimes. Such factors may include the defendant’s background, circumstances out of the defendant’s control, or the defendant’s admission of guilt.

How They Interact

Both factors can affect the outcome of any criminal hearing significantly. As stated earlier, aggravating factors increase the severity of a crime, while mitigating factors reduce it. A defendant must always aim to have more mitigating factors to avoid the worst penalties and/or get a dismissal.

One must remember that Nevada courts must find enough aggravating factors before they can elevate a person’s sentence. Multiple mitigators can invalidate the effect of one heavy aggravating factor, protecting the defendant from the worst convictions. However, there are instances where the aggravating factor is so serious that no number of mitigating factors can reduce its effect.

Factors affecting your charge can spell the difference between a dismissal and a direct transfer to death row. Ask your legal counsel about how to handle these features in your case.

Why Getting Your Nevada Driving License Revoked is Worse than a Suspension

 

In a typical driving-related case, one of the most common penalties is to have your license suspended for a period of time. When the case is more severe, however, the DMV can have the defendant’s license revoked.

Some people may not understand the gravity of a license revocation. They may think that it’s basically just a suspension under a different name; however, it has worse consequences. Let’s see a few reasons why getting your driving license revoked in Nevada is worse than a suspension.

License Void

The way suspensions work is that you can expect to get it lifted later (although you will have to file paperwork to do so). While the suspension period may increase, you can still keep your own license at the end of it all.

In contrast, a revoked license is permanently rendered null and void. It loses all validity, thereby depriving you of the freedom to operate a motor vehicle in Nevada. You will have to go through the full application process again if you wish to regain a driving license. In addition, there is a cooldown period that you will have to let pass before you can re-apply; its length is affected by the severity of the crime committed.

Additional Provisions

Getting a new license after your old one can be more grueling when the DMV requires that you submit other related documents on top of the usual application forms. For example, they may require you to file an SR-22 insurance form to prove that you are capable of paying off any financial liabilities that may arise from future driving accidents.

On top of that, the DMV may require additional provisions before they grant you a new license. For example, you may be required to install a breath interlock device in your vehicle temporarily or permanently as a condition for keeping your license. Such situations are common in Nevada because many revoked licenses here are due to drunk driving-related incidents.

Refresher Course

As stated earlier, a driver with a revoked license will be required to apply for a new one after the prescribed period is complete. If the driver’s license has been revoked for at least a year before they re-apply, they may need to undergo certain tests before they can proceed. Some of these tests may include:

• Vision tests

• Written examination regarding road rules and safety

• Driving skill tests to determine whether or not you are still fit to drive

Other tests may be added as the situation demands. Note that the applicant may have to pay for some of these tests.

A revoked driving license can be a worse hassle than a simple suspension, both before and after the revocation period has passed. Avoid the extra hassle with the help of a competent driving crimes defense lawyer in Nevada.