A number of different factors make Clark County DUI charges very complex. For one thing, the procedures that police must adhere to when making a DUI arrest are very strict in order to protect the rights of drivers. A close examination of these procedures is a large part of any attorney’s defense strategy. In addition, the heavy penalties that result from a conviction mean that a guilty plea is an unacceptable solution for most people facing charges. In order to escape crippling fines and a devastating criminal record, someone accused of even misdemeanor DUI needs the defense skills of a Las Vegas attorney who can do his job exceptionally well.
Rules and Procedures
With a thorough knowledge of Nevada DUI law, your attorney will examine every aspect of your pullover, arrest, and processing in order to determine whether any police officer or prosecutor along the way acted contrary to procedural rules. If so, those actions constitute a violation of your rights and can make it illegal to continue with prosecution. As an example, no police officer can pull a driver over without “probable cause.” If your lawyer is able to show that there was not enough good reason for the officer to stop you, the judge will decide that it was an unlawful arrest.
Definitions
“Driving under influence” is not as simple as its three word description implies. Even if your case seems like a clear violation, your attorney may find a fact that disqualifies you from prosecution under DUI law. If your car was not in motion at the time of arrest, for example, you were not driving. Even minor details, such as the position of your seat or the location of your vehicle in relation to a public road, play an important part in a successful defense.
Charge Reduction
Even if it turns out that a conviction of some kind cannot be avoided, your attorney’s influence can be used to get you a better result than a simple guilty plea. A reckless driving misdemeanor charge, for example, is much less serious than misdemeanor DUI and does not affect hiring chances to the same extent. In addition, reckless driving records can be sealed after only two years, as opposed to seven years for DUI. In the worst case scenario, a solid conviction under misdemeanor DUI charges, your lawyer can apply for you to be admitted into misdemeanor DUI court instead of serving the sentenced jail time.
