DUI Unlawful Acts - NRS 484C.110

All states have laws that govern if a driver should be arrested for drunk driving. Several are drafted to cover every circumstance imaginable, with some slight variations between states. Most of the time, the laws are similar for all states. In this post, an experienced DUI lawyer will explain the particulars about one of the DUI laws specific for Nevada, the NRS 484C.110.

What Is The NRS 484C.110 “Unlawful Acts Law”?

Chapter 484C of the NRS (Nevada Revised Statutes) defines what DUI is in Nevada, as well as other information concerning driving under the influence.

The NRS 484C.110 is a provision that explains the conditions or “unlawful acts” when one can be arrested for driving while intoxicated. Included in the law are the legal limits for alcohol and drugs, which is collected from breath, blood, urine, or field sobriety tests.

Unlawful acts

Committing any of the following unlawful acts are reasonable grounds for arrest. Each act is a separate offense; you can receive additional charges when violating more than one unlawful act:

Driving under the influence of intoxicating liquor. It is not enough that a driver is drinking while driving. They have to consume enough alcohol to impair their driving enough that it can be hazardous for them, their passengers, other drivers, and pedestrians.

Having a blood alcohol level (BAC) of 0.08% and above. Nevada has stated that 0.08% is the optimum limit for driving. It’s flexible enough for most cases, but even if someone is well below the legal limit, a person can still be suspected of driving while intoxicated if their driving is observed to be erratic or dangerous.

Meeting or going beyond the legal BAC level within two hours of operating a vehicle. As long as you were in direct control of a vehicle within two hours, you can still be arrested for DUI even if you have left the car.

Driving while influenced by any controlled substances. DUI laws also cover if the driver was affected by controlled substances. This includes legal or illegal drugs.

Driving while intoxicated or influenced by a combination of alcohol or controlled substances. As stated, DWI also includes being influenced by both alcohol and drugs.

What Can You Do?

As soon as you are arrested, it is important to contact an attorney right away. These cases can become complicated; by contacting a lawyer, they can give you a better chance to reduce or even eliminate the charges if possible. If you have any questions about your case, please ask your criminal defense attorney. If you need a lawyer, you may visit our website at rosscgoodman.com

Of Men's Rights and Law

For the longest time, men have been getting the short end of the stick when the law should be fair to everyone.

For starters, men in general will be imprisoned longer, and receive harsher penalties for the same crime when compared to women. Lighter sentences are handed out to women, often through probation or suspended sentence, sometimes not even receiving a sentence at all. And yes, when imprisoned, they have better chances and have a shorter duration when getting a parole.

Domestic violence cases are especially tricky. When someone calls the police because of an alleged domestic violence crime, someone has to spend a night in jail, even if the caller was a male victim. This should be against the presumption of innocence, yet it still happens.

While domestic violence cases are already bad enough, rape cases are even worse for men. People are more inclined to believe the woman rather than the man when in rape cases, even if the man is innocent. Even if they are victim, it is still equally bad. If the victim is male, most people will treat him with ridicule or claim that he was lucky for “getting some”. The judge or the jury may also have this same mindset, as evidenced by many cases when the woman rapist got off scot-free or a slap on the wrist.

False rape claims are rising because they only receive nominal punishments, while he spends his days in jail, or have to pay ridiculous fees.

And of course, there's paying child support and/or alimony. It may not be related to criminal defense, but it still is a huge problem in the US, with women still taking advantage of getting payment even if they she has the higher income, or just to ruin or give the man a bad reputation. And yet, when he can’t pay, again, he gets sent to jail.

All of this are happening even in the state of Nevada. As a criminal defense lawyer in Las Vegas, I sincerely hope that domestic abuse laws will continue to improve in the future, and treat men and women the same just as anyone else.

Additional reading:

• Woman who cried wolf about rape may have to face her victim in court
• 4On Your Side investigates traffic stop nightmare
• How to Ruin a Man’s Life over $13

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/