Can you be arrested for DUI in Nevada using these vehicles?

It depends on the vehicle, but driving under the influence in Nevada is usually limited to motor vehicles or recreational vehicles designed to be mounted or drawn by a motor vehicle. What a “vehicle” is defined in detail by NRS482.135:

“vehicle” means every device in, upon or by which any person or property is or may be transported or drawn upon a public highway. The term does not include:

1. Devices moved by human power or used exclusively upon stationary rails or tracks;
2. Mobile homes or commercial coaches as defined in chapter 489 of NRS; or
3. Electric personal assistive mobility devices.

This means that human-powered vehicles like bicycles, unicycles, skateboards, rollerskates and other similar devices is not under the term “vehicle” as within the ambit of DUI. The same applies to motorized wheelchairs, mobility scooters, and other devices designed to assist disabled persons, but there may be some exceptions. Trains and other vehicles that use railways are also not covered by DUI since train operators aren’t strictly drivers, but they will most likely lose their certification and may face other charges.

Another typical DUI case is DUI/DWI boating.

Specific vehicles

Segways – These two-wheeled, self-balancing electric vehicles are designed for personal transport. While Segways do have a motor installed, which is enough to reclassify a device or vehicle into a motorized vehicle in most cases, it only has a maximum speed of 12.5 mph, which falls under electric personal assistive mobility devices. This is not enough to classify it as a motor vehicle in DUI cases, except if it’s speed goes above 15 mph, then that should be enough to turn it into a motor vehicle.

Electric bicycles – According to NRS 483.067, electric bicycles falls under “bicycles” as long as it:

• Has fully operable pedals;
• Electric engine does not produce more than 1 gross horsepower and 750 watts final output;
• Has a maximum speed of not more than 20 miles per hour on a flat surface.

If the vehicle does not fulfill all of these conditions, it may be classified as a moped. In other words, you probably won’t be charged with DUI, but may face other charges.

Riding mowers – Motorized lawnmowers that are designed to be driven are classified as a motorized vehicle in Nevada. Yes, you can be charged with DUI.

If you found our article useful, we would appreciate it if you like our Facebook page. If you need the help of a DUI/DWI defense attorney in Las Vegas, you can visit our website, or contact us at (702) 383 – 5088.

Failing Field Sobriety Tests: Not So Hopeless

What will happen if a driver who was allegedly driving while intoxicated has failed the field sobriety tests? Contrary to popular belief, you will not be immediately charged with DUI, and you even have a chance to get your charges dropped. Before we explain why, it’s important to know about field sobriety tests first.

What are field sobriety tests?

The Field Sobriety Tests were created to assess a person’s ability to drive, by way of numerous tests that measures their response time, dexterity, and reflexes, things that are important in driving. However, these are imperfect and can be challenged in court.

The primary reason for these tests is to determine probable cause. This is a requirement in all states in the US before the driver can be subjected to a blood or breath test, or for any arrest. The simplest explanation for this is to find a legitimate reason to arrest you.

 If you been tested or arrested without probable cause (i.e. forced), then you can seek reparations through a civil lawsuit for false arrest or malicious prosecution.

There’s still a chance even if you fail the tests

·         The police officer did not follow protocol. Every test performed have to follow proper procedures, or else the results should not be admissible in court. The reasoning behind this is, an innocent person could have been convicted because an officer made a mistake.

·         The testee’s performance might be affected by other factors. For example, people with balance might not be able to complete some of the tests, while some may have physical or mental injuries or ailments that may interfere with the results. A cross-eyed person, or someone who is prone to shaking or stuttering can be mistaken for someone who is drunk.

·         The officer cannot force someone to take these tests. If they have coerced you to take these tests, it is most likely to fail in the first place and it’s a violation of your rights as well. This also includes if the officer was heckling, insulting, or accusing you during the test so you are more likely to fail. If this ever happens, take note of this and speak with your defense attorney.

There is only one surefire way to not fail, which is to not take the test! If the police asked you to perform field sobriety tests on you, you will likely comply, but what most people don’t know, this is a request, not an order. You can refuse these field sobriety tests, and we strongly suggest doing so. There is virtually no disadvantage to doing this, except for the possibility of the officer letting you off without charging anything. However, do not refuse breathalyzer or blood tests. You might have the right to refuse, but you will still be penalized (license suspension for example) and it can be used as evidence in court as an admission of guilt.

If you need help, please contact me at 520 South 4th Street Las Vegas, NV 89101 or Call (702) 383 – 5088.

Zero Tolerance Laws, Zero Sense

Protecting the children is part of any good parent's job, and to that extent, it's also the school's duty to look after and nurture them as their second home. But sometimes, the rules just make no sense at all, which I feel has been plaguing America as of late. Take this case in Brooklyn for example. Here's a short summary for those who didn't read it:

Erin was called up by a drunk friend of hers at a party to drunk to drive. She arrived to pick her friend up after work, but moments after the police arrived and started arresting several students for possessing alcohol, including Erin. She was cleared later on by the police, agreeing that she had not been drinking, smoking or using any drugs. But Andover High tells her that she has violated the district's zero tolerance policy. During the middle of her senior year, she was demoted from captain of the volleyball team and suspended from playing for five games.

I'd say that's taking it a little too far, being punished without participating in the party in the first place. There was no drinking involved, much less driving under the influence. She was even the designated driver for her friend. Sadly, this is just one of the many stories that pop up all over the Internet about authorities in schools punishing students for doing nothing, or in this case, doing the right thing. What kind of message does this give to them?

Just remember that if this happens to you, get the help of a defense attorney immediately. Don't let them take advantage of the law, and fight.


Resource:
http://boston.cbslocal.com/2013/10/13/north-andover-high-punishes-teen-for-giving-drunken-pal-ride-home-from-party/