Fake IDs have been used by underage kids for as long as laws have been in place requiring you to be a certain age to purchase alcohol, tobacco, or gamble at a casino. Fake IDs are also used for more nefarious purposes, such as stealing an identity for financial gain or by fugitives to evade capture. Regardless of the motivation for having a fake ID, the penalties for being caught with one in Nevada can be serious, as explained by the Vegas Lawyers.

What Makes an ID a Fake ID?

In the eyes of the law, a “fake” ID is precisely what most people think it is — an altered or counterfeit document used to identify an individual such as a driver’s license, state identification card, passport, Las Vegas work card, or membership card.

What Are the Potential Criminal Offenses Associated with Possessing a Fake ID in Nevada?

The potential penalties you face if you are caught and subsequently convicted of possessing a fake ID in Nevada will depend, in part, on the circumstances surrounding your possession of the fake ID. The law in Nevada recognizes that there is a fundamental difference between a teenager using a fake ID to buy alcohol or gamble at a casino and a cyber-criminal using a fake ID to drain an elderly victim’s life savings out of their bank account. While they are technically the same crime (possession of a fake ID), the underlying motivations are significantly different.

Acknowledging that using a fake ID to get around age-restricted conduct, Nevada law makes it a misdemeanor to possess a fake ID “with the intention that (the fake ID) be used by a person under the age of 21 years to establish falsely or misrepresent his or her actual age for the purpose of purchasing alcoholic liquor or being served alcoholic liquor in a place where it is served for consumption on the premises, or entering gambling establishments, or engaging in gambling in gambling establishments.”

If you are caught in possession of a fake ID “ for the purpose of establishing a false status, occupation, membership, license or identity for himself or herself or any other person,” Nevada law dictates that you can be charged with a Class E felony.

In short, you face misdemeanor charges if you are a teenager using a fake ID to pass as 18 or 21; however, expect to be charged with a Class E felony if you are caught in possession of a fake ID for any other reason.

What Other Crimes Might I Be Charged with Relating to Fake ID in Nevada?

If you are suspected of using a fake ID to commit fraud or forgery, you could be charged with a Class C felony in Nevada. You can also face a Class C felony charge for selling fake IDs in Nevada with the charges bumped up to a Class B felony if someone faces a financial loss of $3,000 or more as a result of selling (or giving away) personal information, if you sold five or more IDs, or if a victim involved in the case is considered a “vulnerable” person or is 60 years old or older.

What Are the Potential Fake ID Penalties in Nevada?

The potential penalties associated with fake ID offenses in Nevada will vary depending on the severity of the offense. For example, if you are convicted of a basic misdemeanor because you only had the fake ID to gain access to a bar, you face a maximum of six months in jail and/or a $1,000 fine. At the other end of the spectrum, you could be sentenced to up to 20 years in prison and ordered to pay up to a $100,000 fine if convicted of a Class B felony involving the sale of IDs where the victim was a “vulnerable” person or was over the age of 60.

What Should I Do If I Have Been Charged with a Fake ID Offense in Nevada?

If you were charged with an offense involving a fake ID in Nevada, consult with an experienced criminal defense attorney at The Vegas Lawyers as soon as possible to discuss your legal options and defenses. Call us at 702-707-7000 or contact us online.

In today’s electronic world, computers are integral to everything from finding your future spouse to national security. Our reliance on electronics, however, has also led to a significant rise in cybercrimes. Though frequently viewed as less serious “white-collar crimes,” the potential penalties for a cybercrime conviction can be severe. To protect your freedom and your future, it is critical to have a thorough understanding of cybercrimes in NV.

What Is a Cybercrime?

A cybercrime can broadly be defined as any criminal activity that uses a computer or the internet. Common examples of cybercrimes include:

• Hacking: Gaining unauthorized access to a protected computer or information stored electronically.
• Identity theft: Identity theft usually happens in combination with hacking, using personal data without permission to assume their identity.
• Cyberextortion: Through the use of ransomware, the perpetrator attacks or threatens to attack and then demands something (usually money) to stop the attack.
• Child pornography and internet sex crimes: Downloading, distributing, or possessing photos/videos of child pornography and/or non-consensual sexual acts.
• Money laundering: Electronic financial transactions are increasingly used to “launder” the proceeds of criminal activities.
• Internet fraud: Numerous fraud scams, including phishing scams, use the internet to locate and lure victims.
• Stalking: Harassing or bullying over social media, email, or other electronic means.

How Common Are Cybercrimes?

As our dependence on computers continues to grow exponentially, so do instances of cybercrimes. In 2022, the Federal Trade Commission’s (FTC) Consumer Sentinel Network received over five million reports of cybercrimes. That same year, the Identity Theft Research Center (ITRC) Annual Data Breach Report indicated that over 440 million people were affected by a data breach. Unfortunately, Nevada has the unwelcome distinction of topping the list of states losing the most money to cybercrimes with over $6 million per 100,000 residents.

Who Investigates and Prosecutes Cybercrimes in NV?

In the United States, many crimes can be investigated and prosecuted by either the state or federal authorities – or by both. For federal law enforcement agencies to be involved in an investigation they must first have a reason to assert jurisdiction over the crime. In the case of cybercrimes, the very nature of the crimes typically gives the federal government jurisdiction because the conduct in question “crosses state lines.” The F.B.I., for example, “is charged with defending the U.S. against a full range of cybercrimes, including threats from hackers for hire, organized cyber syndicates, and state-sponsored malicious cyber actors.” Generally, federal law enforcement agencies investigate large-scale criminal enterprises while state law enforcement agencies focus on individuals or small groups committing crimes.

The State of Nevada, however, also has laws in place that directly address cybercrimes. Stalking, for instance, “with the use of an Internet or network site, electronic mail, text messaging or any other similar means of communication to publish, display or distribute information in a manner that substantially increases the risk of harm or violence to the victim shall be punished for a category C felony.”

If federal law enforcement agents investigate the crime, you will be prosecuted in federal court. If state (or county/city) law enforcement agents handle the investigation, you will be prosecuted by the State of Nevada. Keep in mind though that you can be prosecuted in both state and federal court.

What Are the Potential Penalties for a Cybercrime Conviction?

The potential penalties you face if convicted of a cybercrime can vary dramatically, depending on things such as whether you are prosecuted in state or federal court, the specific criminal offense involved, the injury to a victim (financial or physical), and your own criminal history (or lack thereof). Many cybercrimes, however, are charged as felonies, meaning you could be sentenced to a lengthy period of imprisonment if convicted.

What Should I Do If I Am Charged with a Cybercrime in Las Vegas?

If you have been charged with a cybercrime in Las Vegas, consult with an experienced criminal defense attorney at The Vegas Lawyers as soon as possible to discuss your legal options and defenses. Call us at 702-707-7000 or contact us online.

If you are arrested and charged with driving under the influence (DUI) in Nevada, you will likely be asked to submit to a chemical breath test, commonly referred to as a “breathalyzer.” The results of that test may be used against you in court to help convict you of DUI. What you may not realize, however, is that breathalyzers are not infallible, meaning challenging a DUI breathalyzer is possible.

Nevada DUI Laws: Why Is Blood Alcohol Concentration (BAC) Important?

Historically, state DUI laws simply made it illegal to drive “while under the influence” or “while impaired.” Proving that someone was “under the influence” or “impaired” often proved challenging for prosecutors, resulting in a high rate of acquittals. With the advent of the breathalyzer, which is a brand name for a chemical breath test machine, states began to change their laws to include a presumption that a motorist is driving while under the influence if the motorist has a blood alcohol concentration (BAC) over 0.08 percent. Nevada law makes it illegal to operate or control a vehicle with a concentration of alcohol of 0.08 or more.

What Is a Breathalyzer?

Before the invention of the DUI breathalyzer test, a blood test was the only reliable way to test a person’s blood alcohol concentration. A blood test; however, is invasive, costly, and time-consuming. There is a direct relationship between the concentration of alcohol in your lungs and the concentration present in your blood, allowing a breath test machine to accomplish essentially the same thing as a blood test by testing your exhaled breath and applying a partition ratio using a complex chemical reaction. The alcohol vapor in your breath reacts with an orange solution known as potassium dichromate, turning the solution green. This color change creates an electrical current, which the breathalyzer can convert into a value that then provides a BAC.

Do I Have to Submit to a Chemical Breath Test in Nevada?

Nevada, like most states, has an implied consent law that effectively says that by operating a motor vehicle within the state you have given your consent to a chemical test if a law enforcement officer suspects you of driving under the influence. If you refuse a breath test, your driving privileges will be suspended for one year in addition to any suspension imposed by the court if you are ultimately convicted of DUI. Furthermore, Nevada law allows a law enforcement officer to use “reasonable force” to conduct a blood test if you refuse to submit to a breath test. Your refusal can also be admitted as evidence and used against you at trial to convince a judge or jury that you were driving under the influence.

Can I Challenge the Results of a Breathalyzer in Nevada?

Under perfect conditions, scientific studies have shown breath test machines to be fairly accurate at measuring a person’s blood alcohol concentration. Perfect conditions, however, rarely exist in the real world, meaning that DUI breathalyzer test results may not be as accurate as the prosecution would like the judge or jury to believe. In fact, there are numerous grounds on which the result of a chemical breath test may be challenged, including:

• Improperly calibrated machine: For a breath test machine to work properly it must be inspected and calibrated on a regular basis. A machine that has not been recently calibrated may not provide accurate results.
• User error: Administering a DUI breathalyzer test requires specialized training. If the operator lacks that training the results may be challenged.
• Failing to follow procedures: Very precise procedures must be followed when performing a chemical breath test, including observing the suspect for the required waiting period prior to administering the test.
• Rising blood alcohol content: The amount of alcohol in your blood continues to rise after you ingest your last drink. Sometimes a successful argument can be made that even though the results of your breath test showed your BAC was above 0.08, it would not have been above 0.08 at the time you were operating the vehicle.
• Medications: Certain medications can interfere with the accuracy of a chemical breath test.

What Should I Do If I Was Arrested for DUI in Las Vegas?

If you were arrested and charged with DUI in Las Vegas, consult with a criminal defense attorney at The Vegas Lawyers as soon as possible to discuss your next steps. Call us at 702-707-7000 or contact us online.

If you have ever been pulled over by a law enforcement officer for allegedly committing a traffic violation, you know how frustrating – and potentially expensive – a routine traffic stop can be. Those flashing lights in your rearview mirror could wind up costing you hundreds of dollars in fines and costs, increased insurance premiums, and even the suspension of your driving privileges. The good news, as explained by a Las Vegas traffic ticket lawyer, is that you have the right to challenge a traffic ticket.

What Are the Potential Penalties for a Traffic Ticket?

When a law enforcement officer conducts a traffic stop, the law says they must have reasonable suspicion that a law has been violated. A simple traffic infraction, such as speeding, failing to yield, or operating a motor vehicle with an inoperable tail light is a sufficient cause for conducting a traffic stop.

If you are ultimately found guilty of committing an infraction, you will be ordered to pay a monetary penalty along with court costs and fees. The total amount owed will vary depending on the infraction, but can easily approach $1,000. Your car insurance premiums may also increase for several years following some traffic tickets. In addition to monetary penalties and increased car insurance premiums, the Nevada DMV operates a demerit point system that assigns demerit points to your driving record when a conviction notice or notice of infraction from a court is received. If you receive 12 or more points in any 12-month period, your driver’s license is automatically suspended for six months.

What Is the Difference Between a Civil Infraction and a Criminal Traffic Violation?

A traffic stop could result in the issuance of a civil traffic infraction or a criminal traffic violation. A civil infraction is a non-criminal traffic infraction, punishable by monetary penalties and points against your license only. Examples of civil infractions include things such as speeding and failing to signal a turn. You will not be required to appear in court for a civil infraction unless it is your fourth or greater occurrence within three years. A criminal traffic violation is charged as a misdemeanor, potentially punishable by a period of incarceration and/or fines and costs. Examples of criminal traffic violations include reckless driving and driving under the influence (DUI). If you are charged with a criminal violation, you will be required to appear in court.

Can I Challenge a Traffic Ticket in Nevada?

Whether you were issued a civil traffic infraction or were charged with a criminal violation, you have the right to challenge, or contest, the allegations. How you go about doing so will depend on which type of ticket you were issued.

If you were issued a civil infraction, you have the option to pay for the ticket if you do not wish to dispute the allegations. In that case, a record of conviction will be forwarded to the Nevada Department of Motor Vehicles (or appropriate state agency) and points may be assigned to your driving record. If you were charged with a criminal violation, you must appear in court and plead no contest or guilty if you do not want to dispute the allegations.

To challenge (dispute) a civil infraction, you must submit a form to the appropriate court requesting a hearing within 90 calendar days from the date the ticket was issued. You will be required to post a bond in the amount equal to the full payment of the civil penalty, the administrative assessment, and any fees specified for the civil infraction unless you qualify for a hardship waiver. After the court receives notice that you have disputed the ticket, you will be assigned a hearing date. To dispute a criminal violation, you must appear in court on the date and time assigned to your case and plead “not guilty.” The court will then give you a trial date at which you will be able to defend the allegations against you.

What Should I Do If I Want to Challenge a Traffic Ticket in Las Vegas?

If you were issued a traffic citation or were charged with a criminal violation, consult with an experienced traffic ticket lawyer at The Vegas Lawyers as soon as possible to discuss your legal options and defenses. Call us at 702-707-7000 or contact us online.

Many wonder if you can drive with an expired license. Like most states, the State of Nevada requires residents to renew a driver’s license before the expiration date of the license. While making a trip to the Department of Motor Vehicles is probably not something you look forward to, operating a motor vehicle with an expired license is a violation of Nevada law. To ensure that you know your rights, the Vegas Lawyers explain the legal implications of driving with an expired license in Nevada.

When Does My Driver’s License Expire in Nevada?

When you receive your Nevada driver’s license, the Department of Motor Vehicles automatically sets an expiration date for your license. Typically, a Nevada driver’s license is valid for eight years from the date the license was issued. Exceptions to this rule apply to a learner’s permit which expires after one year and to drivers who are 65 years of age and older who must renew their driver’s license every four years.

What Are the Potential Penalties for Driving with an Expired License in Nevada?

Driving with an expired license is the same as driving without a license given that an expired license is not a valid license. NRS § 483.230 makes it a criminal offense to operate a motor vehicle on a public roadway without a valid driver’s license. Driving without a valid license is a misdemeanor offense in Nevada, punishable by up to six months in jail and/or a fine of up to $1,000. In addition, the Nevada Department of Motor Vehicles operates on a point system, assigning points to your driver’s license if you are convicted of a traffic offense, including driving without a valid license. If you accrue 12 or more points within a 12-month period, your driving privileges will automatically be suspended. Finally, you could face increased insurance premiums for several years after being convicted of driving without a license.

Can I Avoid a Conviction If I Forgot to Renew My Driver’s License?

If you forgot to renew your driver’s license, you are hardly alone. Getting pulled over and charged with driving without a valid license was likely just bad luck; however, you undoubtedly want to avoid having a conviction on your driver and criminal history. The good news is that it may be possible to avoid a conviction altogether or to get the charges reduced to a civil infraction if you get your license renewed, and you do not have a problematic driving history.

How Can I Renew My Nevada Driver’s License?

You can renew your license at a Nevada DMV office or you may be eligible to renew online if you are between the ages of 16 and 70, your license expires within the next 60 days or expired within the preceding 364 days, you have a non-commercial license, and you have not had three or more moving violations in the past four years.

What Should I Do If I Have Been Charged with Driving with an Expired License in Nevada?

If you were charged with driving with an expired license in Nevada, consult with an experienced criminal defense attorney at The Vegas Lawyers as soon as possible to discuss your legal options and defenses. Call us at 702-707-7000 or contact us online.

Like most states, Nevada makes a distinction between battery vs domestic battery. If you have been charged with either, you should understand the difference between the charges as well as the potential penalties if you are convicted.

How Is Battery Defined in Nevada?

The criminal offense of battery is governed by NRS 200.481 which defines battery as “any willful and unlawful use of force or violence upon the person of another.” For example, hitting, shoving, or kicking someone could be charged as a simple battery in Nevada.

What Are the Potential Penalties for a Battery Conviction in Nevada?

If the battery did not involve the use of a deadly weapon and the victim does not fall into a protected class (discussed below), the defendant will be charged with a misdemeanor. If convicted, a defendant faces up to six months in jail and/or a fine of up to $1,000.

If the defendant did not use a deadly weapon but the victim sustained substantial bodily harm or was strangled, the defendant may be charged with a Class C felony, punishable by one to five years in prison and up to a $10,000 fine.

If the defendant did use a deadly weapon, and the victim sustained substantial bodily harm or was strangled, the defendant may be charged with a Class B felony and may face a term of imprisonment of two to 15 years and a fine of up to $10,000.

If the battery is committed upon an officer, provider of health care, school employee, taxicab driver or transit operator who was performing his or her duty or upon a sports official based on the performance of his or her duties at a sporting event and the defendant knew or should have known that the victim was acting in his official capacity and the victim suffered substantial bodily injured, was strangled, or a deadly weapon was involved, the defendant faces a Class B felony and may be sentenced to prison for a term of two years to 15 years and a fine of up to $10,000. In the absence of a deadly weapon, strangulation, or substantial bodily injury to the victim, a defendant will be charged with a gross misdemeanor, punishable by up to 364 days in jail and a fine of up to $2,000.

What Makes a Battery a Domestic Battery under Nevada Law?

In Nevada, battery domestic violence (BDV) is governed by NRS 33.018 which makes it a crime to commit a battery, assault, coercion, sexual assault, false imprisonment, pandering, or to engage in a knowing, purposeful, or reckless course of conduct intended to harass the other person if the defendant is or was in a domestic relationship with the victim. The key difference between a battery and a BDV is the relationship between the defendant and the victim. If the alleged victim is any of the following, it may be charged as battery domestic violence:

• Spouse.
• Former spouse.
• Any other person to whom the person is related by blood or marriage.
• Any other person with whom the person has had or is having a dating relationship.
• Any other person with whom the person has a child in common.
• The minor child of any of those persons.
• The person’s minor child or any other person who has been appointed the custodian or legal guardian for the person’s minor child.

What Are the Potential Penalties for a Battery Domestic Violence Conviction in Nevada?

A first or second offense (within 7 years) of battery domestic violence is usually charged as a misdemeanor in Nevada, punishable by two days to six months in jail, 48 to 120 hours of community service, and a fine of $200 to $1,000. A third conviction within seven years can be charged as a Class B Felony, punishable by one to six years in prison and a fine of up to $5,000. In addition, aggravating factors can increase a misdemeanor BDV to a felony, punishable by up to 15 years in prison. Examples of aggravating factors include a pregnant victim or serious bodily injury sustained by the victim.

What Should I Do If I Am Charged with Battery or Domestic Battery in Las Vegas?

If you have been charged with battery or domestic battery in Las Vegas, consult with an experienced criminal defense attorney at The Vegas Lawyers as soon as possible to discuss your legal options and defenses. Call us at 702-707-7000 or contact us online.

If you have been charged with a criminal offense, the most important thing you can do to protect yourself, your rights, and your future is to hire a criminal defense attorney. If you have never before needed a criminal attorney, however, the prospect of choosing one can be daunting. Knowing what to look for in a criminal defense attorney is crucial if you hope to hire the best attorney for you and your situation. To help you get started, the Vegas Lawyers offers six things to look for in a qualified Las Vegas criminal attorney.

1. Experience Practicing Criminal Law

Most people do not realize that law school provides a future lawyer with the foundation needed to practice in most areas of the law but does not allow students to “specialize” in a specific area of the law. Consequently, any licensed attorney can represent a defendant in a criminal prosecution. When your freedom and future are on the line, however, you want an attorney who has gained extensive experience practicing criminal law in the jurisdiction where your case is being prosecuted. You want an attorney who has experience working with law enforcement officers, prosecuting attorneys, and judges who will be involved in your case.

2. Trial Experience

How a criminal case is ultimately resolved is something that cannot usually be determined at the beginning of a case. As a defendant, you have a right to take your case to trial before a judge or jury. For that to be a meaningful choice, you need an attorney on your side who has successfully represented numerous defendants in criminal trials.

3. Communication Skills

A good criminal attorney in Las Vegas needs good communication skills. You need to feel comfortable talking to your attorney about your case and your attorney should be able to explain important aspects of your case to you in terms you can understand. Your attorney should also listen to you and consult you when important decisions need to be made, such as the decision to accept or reject a guilty plea agreement.

4. Aggressive Strategist

Successful criminal defense attorneys are willing and able to implement aggressive strategies when devising a defense. When your future is on the line, you do not want an attorney who is afraid to “ruffle some feathers.” You want an attorney who is willing to fight for you both inside and outside the courtroom.

5. Excellent Negotiation Skills

Preventing a conviction is always the desired outcome for a defendant in a criminal case; however, sometimes a conviction is unavoidable. When that is the case, you want an attorney on your side who is capable of negotiating a favorable guilty plea agreement on your behalf. The same skills may be necessary during a sentencing hearing if you are convicted at trial.

6. The Wisdom to Create an Exceptional Team

A successful criminal defense attorney spends a considerable amount of time in court, meaning his or her staff spends a considerable amount of time communicating with clients, court staff, and prosecuting attorneys. A wise attorney chooses his/her supporting team members (associate attorneys, paralegals, secretaries) carefully because they frequently represent the attorney to the outside world.

What Should I Do If I Need a Criminal Attorney in Las Vegas?

If you have been charged with a crime in Las Vegas, consult with an experienced criminal defense attorney at The Vegas Lawyers as soon as possible to discuss your legal options and defenses. Call us at 702-707-7000 or contact us online.

In the State of Nevada, most criminal charges related to credit card fraud are prosecuted as felony offenses. If you have been charged with credit card fraud, you should take the accusations seriously and be prepared to mount a vigorous defense to avoid a conviction. Understanding the charges against you is paramount to that defense. With that in mind, The Vegas Lawyers discuss five things you need to know about credit card fraud cases in Nevada.

1. Credit card fraud can occur in a variety of ways in Nevada.

In the State of Nevada, credit card fraud is predominantly governed by NRS 205.760. According to that statute, credit card fraud occurs:

• When a person who, with the intent to defraud, does one of the following things:
  • Uses a credit card or debit card to obtain money, goods, property, services, or anything of value without the owner’s permission or with the knowledge that the card is forged, expired, or revoked.
  • Uses the number or other identifying physical or electronic description of a credit account to obtain money, goods, property, services, or anything of value without the consent of the cardholder.
  • Obtains money, goods, property, services, or anything else of value by representing that they are the owner or an authorized user of the card without the owner’s permission.
• When a person who, with the intent to defraud, uses a credit card or debit card to obtain money, goods, property, services, or anything of value using a card in their name that they know has been revoked or expired OR when they know they do not have the ability to repay the extension of credit.

In short, this means that credit card fraud involves using someone else’s card without permission, using an expired or revoked card, or lying on an application for a credit or debit card.

2. Credit card fraud is usually a felony in Nevada.

Most of the time, credit card fraud in Nevada is charged as a class D felony. One exception to the felony classification of credit card fraud charges can be found when the basis for allegations of fraud is that the defendant falsified an application for the card. In that case, credit card fraud can be charged as a gross misdemeanor. Another exception is when an expired or revoked card is used, and the value of the merchandise or services purchased with the card is less than $100. Under those circumstances, credit card fraud is also charged as a gross misdemeanor.

3. You can go to prison if convicted of credit card fraud in Nevada.

Most criminal cases involving credit card fraud are prosecuted as class D felonies. In Nevada, a class D felony carries a minimum sentence of one year in prison and a maximum sentence of four years in prison if convicted. You could also be ordered to pay a fine of up to $5,000 in addition to any restitution you are ordered to pay to the victim. If you are convicted of credit card fraud as a gross misdemeanor, you face up to 364 days in jail and a fine of up to $2,000.

4. Credit card fraud can also be a federal crime.

Credit card fraud can also be investigated and prosecuted by the federal government. Typically, this refers to the use of counterfeit, fictitious, altered, forged, lost, stolen, or fraudulently obtained credit cards and may involve large-scale identity theft, “skimming,” or fraudulent credit card application operations that cross state lines. A credit card fraud conviction at the federal level is punishable by 10–15 years in federal prison and/or fines that can exceed $250,000.

5. There are some common defenses to allegations of credit card fraud.

Only an experienced criminal defense attorney can review the facts and circumstances surrounding your arrest and discuss the applicability of specific defenses with you; however, some commonly used defenses in credit card fraud prosecutions include:

• Lack of intent: Simply using a fraudulent, stolen, or expired credit card is not enough to secure a conviction. The prosecution must prove that you had the “intent to defraud.” Sometimes, the best defense is simply to rely on the fact that the State cannot prove intent on your part.
• Your rights were violated: If the police conducted an illegal search and seizure, for example, or questioned you after you asked for an attorney, any evidence they obtained may be excluded from trial based on a violation of your constitutional rights.
• Consent: You may be able to show that the cardholder did give you consent to use his/her card.
• Mistaken identity: Showing that you are the victim of mistaken identity, not the perpetrator of a crime, may prevent a conviction.

What Should I Do If I Am Charged with Credit Card Fraud in Las Vegas?

If you have been charged with credit card fraud in Las Vegas, consult with an experienced criminal defense attorney at The Vegas Lawyers as soon as possible to discuss your legal options and defenses. Call us at 702-707-7000 or contact us online.

A simple traffic stop can be stressful for the average person; however, the stress level goes through the roof if you are pulled over by a police officer and you have consumed alcohol or another intoxicating substance prior to getting behind the wheel. If that happens and you are ultimately arrested and charged with driving under the influence, do not assume that your arrest will lead to a conviction. An experienced DUI defense attorney may be able to use one of several common defense strategies to increase the odds of getting a DUI dropped or avoiding a conviction at trial.

Improper Stop

The first thing your DUI defense attorney will likely review is the initial traffic stop that led to your arrest. A law enforcement officer cannot stop a motorist on a “hunch” or without a valid legal reason. In the case of a traffic stop, the officer must have ‘reasonable suspicion,” referring to the belief, based on specific and articulable facts, that criminal activity or a traffic violation may be occurring. Although they are increasingly controversial, pretextual stops remain legal. A pretextual stop is one in which the officer uses a minor traffic violation as the reason to initiate a traffic stop when the officer really suspects that something more serious is going on, such as a motorist driving under the influence. If the initial stop is ultimately declared to be illegal, everything that happened after the stop cannot be used against you in court, meaning your DUI will be dismissed.

Rising Alcohol Level

If you were arrested for DUI, you were undoubtedly asked to submit to a chemical breath test once you arrived at the jail or police station. If your blood alcohol concentration (BAC) is above the legal limit (0.08 percent), the State will use the results of that test as evidence to support the allegation that you were driving under the influence. One potential defense to a higher than allowable BAC level is the “rising alcohol level” defense. This defense focuses on how the human body metabolizes alcohol and may be able to be used to argue that your BAC was considerably lower at the time you were operating the vehicle. If you consumed alcohol shortly before getting behind the wheel and there was a significant gap between the time you operated the vehicle and when the breath test was done, the alcohol you consumed could have continued to metabolize inside your body, causing your BAC level to noticeably increase after you stopped driving. 

Challenging the Accuracy of Breath Test Results

While there is substantial scientific data showing the relative accuracy of breath test results, that data is based on the presumption that the machine used to conduct the test is properly calibrated and functioning perfectly, that all proper procedures were followed prior to and during the test, and that the test operator was sufficiently trained and conducted the test correctly. All those assumptions leave lots of room to potentially challenge the accuracy of your breath test results on numerous grounds, including:

• Operator error.
• Failure to calibrate the machine.
• Failing to follow procedures.
• Failing to observe the required waiting period prior to testing.
• Malfunctioning machine.
• Error in reading the test results.
• Medical conditions that impact test results.

Excluding Evidence

If any of your constitutional rights were violated during the traffic stop or DUI investigation that followed, your attorney may be able to get any evidence obtained as a result of that violation excluded from trial. For example, while an officer only needs reasonable suspicion to conduct an initial traffic stop, prolonging the stop beyond the time necessary to address the original reason for the stop without additional reasonable suspicion or probable cause may violate your right against unreasonable search and seizure found in the Fourth Amendment. Consequently, any evidence obtained after that point, including your breath test results, may be excluded and the odds of getting your DUI dismissed increase dramatically.

What Should I Do If I Was Arrested and Charged with DUI in Las Vegas?

If you were arrested and charged with DUI in Las Vegas, consult with an experienced criminal defense attorney at The Vegas Lawyers as soon as possible to discuss your next steps. Call us at 702-707-7000 or contact us online.