DUI Lawyers LA

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One of the most rewarding things about working as a Las Vegas DUI lawyer is playing a part in the evolution over time of the laws that shape our lives here in Nevada. As our state’s political makeup, yearly circumstances, and individual lawmakers shift over time, our laws also change to keep pace with new needs and problems. Simultaneously, the role-players in the municipal and state court system rotate, and these changing personalities and priorities also affect our lives by affecting the scope and enforceability of policies enacted by the Nevada Legislature and other government bodies. This month, we review some of the recent developments from the judicial branch and discuss how these decisions affect the enforcement of Nevada DUI laws and shape the work of a hardworking Las Vegas DUI lawyer.

The first court decision we will discuss is an intriguing one — it permits driving under the influence of alcohol in Nevada under certain circumstances. In Hoagland v. State, the Nevada Supreme Court concluded that a Nevada motorist charged with driving under the influence may assert that s/he drove while intoxicated out of necessity.

Now, we have to clarify — the Court did not seem to say that “I didn’t want to leave my car in the parking garage” is an acceptable defense in a Nevada DUI case. However, it does appear that a motorist working with an experienced Las Vegas DUI lawyer could successfully demonstrate that s/he drove the motor vehicle while intoxicated out of necessity and therefore should be immune from punishment under Nevada DUI laws. A typical application of this concept might be an accident at a party where all the party-goers are intoxicated and someone needs immediate medical attention. In Hoagland, an even more atypical situation prevailed: the appellant argued that he was forced to operate his vehicle while intoxicated. Mr. Hoagland was sleeping in his vehicle in a parking lot and was ordered by a security guard to move the vehicle. He was effectively trapped in the parking area and he was charged with a Las Vegas DUI when the Metro police arrived. In Nevada, it is a crime not only to operate a motor vehicle while intoxicated but also to be in actual physical control of a vehicle while intoxicated.

The Court did make one caveat — it acknowledged that similar cases in other court systems consistently distinguished cases where the motorist detained for DUI had him- or herself caused, created, or substantially contributed to the situation. Considering the examples above, this limitation might apply in the party-accident example if the drunk motorist had recklessly caused the person’s injury and in the parking-lot case if the driver had full knowledge that he would not be permitted to sleep in his vehicle long enough to become sober before being asked to move it. These aren’t legal opinions but rather hypotheticals; the best way to analyze your case in light of the Nevada DUI necessity decision is to contact a knowledgeable Las Vegas DUI lawyer to discuss the details.

Next, we will consider another decision by the Nevada Supreme Court that affects Nevada DUI laws. If you have recently been charged with drinking and driving in Nevada and need experienced Las Vegas DUI lawyer, contact us today for a free consultation. We will help you explore the DUI necessity defense and any other extenuating circumstances in your Las Vegas DUI case.

Originally published here.