Being involved in a motor vehicle accident is not a criminal offense. However, if you were involved in a motor vehicle accident and failed to wait at the scene, you may wonder, “Is hit and run a felony in Nevada?” Whether a hit and run can be charged as a felony in Nevada depends on whether anyone was injured in the crash.

Nevada Law: Duty to Stop at the Scene of an Accident

Nevada law requires a driver to stop after being involved in a collision if the crash resulted in damage to a vehicle or injury to a person. The potential penalties for failing to stop depend on the accident’s severity.

NRS 484E.020 imposes a duty on all drivers involved in a crash that results in property damage to a vehicle to stop at the scene, move their vehicle if it obstructs traffic, and exchange contact information with the other driver(s). You can be charged with a criminal misdemeanor for failing to stop at a property damage-only accident.

When Is Hit and Run a Felony in Nevada? 

If you are involved in an accident in Nevada and fail to stop at the scene, you could face felony criminal charges. Failing to stop at the scene of an accident involving bodily injury or death is governed by NRS 484E.010. Under that statute, a driver involved in a crash on a public roadway is legally required to stop and remain at the crash scene, exchange contact information, and render aid, if the collision resulted in bodily injury or death. If you fail to stop (hit and run) at this type of accident scene, you could be charged with a category B felony.

What Are the Potential Penalties for a Felony Hit and Run in Nevada?

If you are charged and convicted of felony hit and run in Nevada, you will face a sentence that includes a term of imprisonment of two to 20 years in prison and/or a fine of $2,000 to $5,000. Nevada law allows you to be charged and sentenced separately for each person injured or killed in the crash. For example, if there were three people injured in the crash, you could be charged and convicted of three separate category B felonies. Furthermore, a sentence imposed for felony hit and run cannot be suspended, nor can probation be granted, meaning you face at least two years in prison for each felony hit and run conviction.

What Should I Do If I Have Been Charged with Felony Hit and Run in Nevada?

If you have been charged with a felony hit and run, or you have reason to believe you are a suspect in a felony hit and run in Las Vegas, the key to protecting your rights and your future is to consult with an experienced criminal defense attorney at The Vegas Lawyers right away. Contact us to schedule a confidential consultation by calling 702-707-3000 or contacting us online.

Your chances of getting your first DUI charge dismissed in Nevada depends upon many factors. However, one thing is clear, getting a first-time DUI charge dismissed is much harder now than it used to be.

With that in mind, yes – it’s difficult, but it’s not impossible to get first-time DUI charges reduced or dismissed.

That’s especially true if you have a skilled attorney on your side. An experienced Las Vegas DUI lawyer can analyze the evidence, search for weaknesses in the prosecution’s case, and build a strong defense strategy on your behalf.

Continue reading and watch my video below to learn more about first offense DUI charges in Las Vegas, Nevada.

What Happens When You Get A DUI For The First Time in Nevada?

If you’re convicted of driving under the influence for the first time in Nevada, the judge must impose a minimal sentence. The penalties for 1st offense DUI include but are not limited to:

• Minimum two days in jail, but up to 26 weeks OR 96 hours of community service instead of jail time

• Fines starting at $400

• One year Drivers license suspension

• Mandatory DUI school at your own cost

• Attendance at Victim Impact Panel

• Alcohol treatment program (depending on the case)

Suppose your BAC was over 0.18 at the time of the breathalyzer or blood draw. In that case, you can expect harsher penalties, including higher fines, mandatory installation of an ignition interlock device (at your own expense), and a 3-year license suspension.

Is A DUI A Felony In Nevada?

Generally speaking, a first-time DUI is a misdemeanor offense. However, a first offense DUI resulting in substantial bodily harm or death is a category D felony. A category D felony carries the following penalties:

• Minimum 1-year imprisonment, but up to 4-years in prison
• Fines up to $5,000

What Happens To My License Following DUI Charges?

The Nevada DMV must suspend your license for a minimum of 185-days if you’re convicted of a 1st offense DUI in Nevada. If charged with a 1st offense DUI, the defendant is given a 7-day temporary license. During that time, they can request a DMV hearing.

In many cases, the defendant may keep their restricted license pending the conclusion of the hearing. However, DMV hearings are tough to win. Additionally, the DMV automatically suspends your license if you’re convicted of a criminal DUI defense.

With that in mind, you may still be eligible for a restricted license (pending the installation of an ignition interlocking device). A restricted license allows you to travel for work, school, groceries, and medical appointments. You are not allowed to drive anywhere otherwise.

Can A Nevada DUI First-Time Offense Be Dismissed?

Yes, a first DUI charge can be dismissed. However, it’s not easy nor does it occur with frequency.  Nevada courts take DUI charges very seriously. Navigating complex DUI laws in Nevada, investigating evidence, drafting motions, negotiating with the prosecution, etc., can be especially challenging without an experienced attorney.

Hiring a proven Las Vegas DUI lawyer drastically improves your chances of a successful outcome in your case. Learn about commonly used first-time DUI defense strategies below.

How To Fight A DUI Charge In Las Vegas

There are three possible outcomes in all DUI cases: Conviction, reduced/amended charges, or dismissal. In many cases, obtaining a dismissal for a DUI (even if it’s the first offense) is an uphill battle.

If the prosecution has overwhelming evidence against you, your attorney can still argue for community service instead of jail time. However, at The Vegas Lawyers, our goal is always to dismiss or reduce charges, first – decrease penalties, second.

A skilled attorney can seek dismissal while working hard for amended charges (if dismissed charges aren’t possible). Potential defense strategies for driving under the influence can include:

• Errors made during the arrest or DUI procedure
• Faulty breathalyzer equipment
• Contaminated breath or blood test results
• Illegal traffic stop
• Other violations of rights

How To Fight A Nevada DUI Charge For Prescription Drugs

It’s important to remember, DUI’s are not just alcohol related.  You can also face first time DUI charges in Nevada if you take certain prescription drugs before driving. That’s true even if a licensed physician-prescribed those drugs to you. That’s because many prescription drugs are considered controlled substances under Nevada law.

Unlike alcohol-related DUI’s, there is no minimum threshold for the amount of prescription drugs you’re allowed in your system before driving. That means that you could be convicted of driving under the influence for the first time even if you have very small traces of the drug in your blood.

Possible defenses for prescription drug DUI’s in Nevada include:

• You were not “under the influence” of your prescription drug
• You did not exhibit behaviors that suggest an impaired driving ability
• The was a problem with the testing facility or method
• You did not have any prescription drugs in your system
• You were unknowingly “slipped” a prescription drug before driving

Sealing A DUI Record In Nevada

In most cases, fist-offense DUI misdemeanor convictions can be sealed seven years after the case closes. However, if it’s a felony DUI conviction, the record can never be sealed.

If your DUI attorney gets your charges reduced to something like reckless driving, your case may be eligible for a record seal just one year after the case closes. Dismissed first time DUI charges can be immediately sealed in Nevada.

When you live in the United States, you’re expected to obey the laws.  Failure to obey the laws has consequences from the criminal justice system.  And if you’re an immigrant, failure to obey the laws can also result in consequences regarding your immigration status. 

If an immigrant is caught drinking and driving, the immigration consequences will depend on the underlying crimes the immigrant is convicted of and whether it triggers criminal liability under immigration laws.  A DUI conviction – even one where someone was seriously injured or killed – does not usually meet the criminal requirements for deportation.  However, there may be other attendant circumstances that taken together with the DUI conviction could result in deportation.

If you or a loved one face DUI charges with the potential for immigration consequences, it’s extremely important to have both a good criminal defense attorney and a skilled immigration lawyer by your side.  At The Vegas Lawyers, we can help you navigate the complexities of criminal charges that carry immigration consequences.  Call us today at (702) 707-7000 for a free and confidential consultation.       

Crimes That May Trigger Deportation Under Federal Immigration Laws

Immigration laws specify that immigrants can be deported for conviction of any crime involving “moral turpitude” or which is defined as an “aggravated felony” by immigration statutes.

• What Is A Crime Of Moral Turpitude?  Generally speaking, moral turpitude crimes involve “both reprehensible conduct and a culpable mental state.”  They’re crimes involving specific intent to do an act, deliberateness, or recklessness.

• What Qualifies As An Aggravated Felony?  There are more than 20 types of conduct that qualify as “aggravated felonies.”  One aggravated felony that has been the subject of interpretation by the courts is a “crime of violence.”  Courts have determined that a crime of violence is one that has “use of force” as an element of the crime.  Crimes of violence can also include offenses where there is a “substantial risk that force will be used.” 

A DUI conviction is not generally considered a crime of moral turpitude.  And driving while under the influence of alcohol is not listed as an aggravated felony.  But in the case of a motor vehicle accident involving serious bodily injury where an immigrant is convicted of DUI, can that conviction be a crime of violence and thus an aggravated felony?  The question was addressed by the United States Supreme Court in 2004.  

A DUI Is Not A Crime Of Violence

In , the Supreme Court decided that DUI offenses are accidental and do not require a person to use or anticipate using force so they do not violate federal immigration laws.

In that case, Duan Le, a citizen of Vietnam, was convicted of a DUI that caused serious bodily injury in an accident.  Deportation proceedings were initiated against him under immigration laws categorizing the DUI as a “crime of violence” and thus an aggravated felony.  The Supreme Court, with conservative Chief Justice William H. Rehnquist writing the majority opinion,  determined that a “crime of violence” is one where the nature of the crime itself suggests that force toward a person or property will be used or will very likely be necessary in order to accomplish the objective of the criminal conduct. 

Although the consequences of a DUI can result in force being used against another person or property, the use of force is not contemplated in order to commit the crime.  Rather, it is only incidental to the crime itself.  In other words, a DUI can be committed without the use of force and, therefore, it’s not considered a violent crime for immigration purposes.

Based upon its ruling in the Leocal case, the Supreme Court has determined that DUI offenses, except when involving purposeful intent, are considered accidental and not “crimes of violence” under federal immigration laws.  

How A DUI Can Affect Immigration Status

Under current immigration laws, getting a DUI should not result in deportation.  But getting a DUI in combination with other illegal conduct just might.  DUI convictions can be evidence of the quality of a person’s character.  And you still have to follow the rules even though immigration laws may have changed in your favor regarding an old DUI.

DUI that involves other criminal conduct – If a DUI includes driving while impaired by a controlled substance – such as marijuana – it can result in a deportable crime.  Many people forget that, although marijuana use is legal under many state laws, it’s still considered a Schedule I narcotic under federal law. 

Similarly, if a DUI includes the illegal possession of a firearm, it too can lead to deportation.  The key in these scenarios is that the DUI by itself is not what leads to the deportation, it’s the DUI in combination with other illegal activity.     

Good moral character – In 2019, US Citizen and Immigration Services (USCIS) adopted as policy the Attorney General’s opinion in Matter of Castillo-Perez.  When an immigrant is applying for an immigration benefit that requires good moral character, having 2 or more DUIs creates a presumption that the person does not have good moral character.  The presumption must be overcome by the immigrant showing evidence of good moral character or the immigration benefit will be denied.

Invalid removal does not justify illegal re-entry – For the immigrants deported for a DUI prior to Leocal vs. Ashcroft, it will not be a defense to illegal re-entry that your removal order is now invalid.  The Supreme Court recently decided in United States vs. Palomar-Santiago that an invalid removal order does not negate the need to go through the prescribed process to challenge the validity of the original deportation. 

Get The Right Legal Advice If You Get A DUI

Getting a DUI as an immigrant can seriously impact your immigration status.  How the crime is charged and your prior criminal history can affect your eligibility to obtain future immigration benefits.  Good legal advice and representation will be critical to effectively dealing with both state criminal laws and federal immigration laws. The resolution of your DUI can have significant consequences on your immigration status both currently and in the future.

Eligibility for a DUI jury trial depends on whether you’re charged with a misdemeanor DUI or a felony DUI in Nevada.  If you face misdemeanor DUI charges, you’re not entitled to a trial by jury.  

However, per a United States Supreme Court ruling (Blanton v. North Las Vegas) issued more than three decades ago, defendants charged with felony DUI’s are eligible for a jury trial.

If you’ve been arrested for a DUI, it’s in your best interest to consult with an experienced DUI attorney before deciding between a bench trial vs. a jury trial.

When Are You Entitled To A Jury Trial For A DUI?

Only defendants who face felony charges are eligible for a DUI trial by jury. In Nevada, you can be charged with a felony DUI offense for:

1. A Third-DUI charge within seven years
2. DUI-related crashes that cause serious injury or death

Otherwise, misdemeanor DUI charges (regardless of the potential penalties) are not eligible for a jury trial for DUI.

Bench Trial vs. Trial By Jury

A bench trial is heard and decided by a judge. A DUI jury trial involves 12 people randomly selected from the community to render a decision and recommend penalties (in some cases). Whether a bench trial or a jury trial is best for your case depends on the circumstances.

Overall, both options have advantages and disadvantages. For example, a judge’s in-depth understanding of the law can be a benefit in certain cases. In others, it could increase the likelihood of conviction.

Additionally, a jury can be screened for bias. However, you never know how the details of your case will affect a juror’s decision-making process. In contrast, a judge is a bit more predictable.

If you face felony DUI charges, it’s your Constitutional right pursuant to the Sixth Amendment to demand a jury trial for DUI.  However, it’s recommended that you consult with an attorney before making a final decision.

What Are The Chances Of Winning A DUI Jury Trial?

Generally, your chances of winning a jury trial for DUI depend on the circumstances of your case. Many defendants opt for a jury trial over a bench trial because:

Are There Any Jury Trial Statistics?

There aren’t many readily available jury trial statistics. A major reason for the lack of data is that DUI cases rarely go to trial. The majority of DUI cases end in a plea agreement or case dismissal. Most defendants don’t want to risk the consequences of a conviction.

Currently, estimated conviction rates of crimes that go to trial surpass 95%. For that reason, it’s crucial to work with a DUI lawyer who is familiar with the prosecution and knows how to negotiate.

How To Win A DUI Court Case

Nevada prosecutes DUI offenses to the fullest extent of the law. Winning a DUI case often requires a skilled DUI attorney and an ironclad defense strategy. A few of the most commonly used defenses that result in reduced or dismissed charges include:

The difference between a successful DUI defense strategy and an unsuccessful defense usually depends on the caliber of the DUI attorney you work with and the circumstances of your case.

Overall, DUI cases via a bench trial or jury trial present challenging issues and high-stake consequences if convicted. If you’ve been charged with a DUI, it’s in your best interest to work with a DUI attorney you can trust.

DUI arrests and convictions in Nevada can remain on your record indefinitely. It can appear during background checks for employment, loans, housing, and more.

With that in mind, most Misdemeanor DUI records are eligible for a record seal within seven years after the case closes. That means that the DUI arrest and/conviction stays on your record, but it’s sealed from public view.

However, if you’re convicted of a felony DUI, your record may never be sealed.

Record Seal vs. DUI Expungement In Nevada

A DUI expungement and a DUI record seal are essentially the same things in Nevada. They seal your DUI record from public view. Lawmakers just prefer the term “record seal” over “expungement” in Nevada. With that in mind, not every DUI conviction is eligible for a record seal.

Only first and second offense misdemeanor DUI convictions are eligible for record seal in Nevada (7 years after the case closes). Eligibility for a DUI record seal requires:

• First time DUI conviction (within seven years) that causes no significant injuries
• Second DUI conviction within seven years that causes no serious injuries

It’s important to note that it’s impossible to seal a felony DUI conviction in Nevada.

Why Is It Important To Have A DUI Record Sealed Nevada?

A criminal conviction for driving under the influence in Las Vegas can carry lifelong consequences. If your DUI record isn’t sealed, a conviction and sometimes DUI arrests can have lifelong consequences.

Potential long-term consequences (beyond the criminal penalties) include but are not limited to:

• Decreased employment options due to a criminal DUI record
• Higher auto insurance rates
• Difficulties finding housing due to a criminal record
• Rejection from higher education institutions and revoked scholarships

How Long Does A DUI Stay On Your Record In Nevada?

If you do nothing, all DUI convictions and arrests stay on your record forever in Nevada. However, misdemeanor DUI convictions in Nevada are eligible for a record seal seven years after the case closes.

That means that a DUI record seal is only possible seven years after you serve jail time, complete probation, pay all fines, etc. Take a look at the table below to learn more about how long it takes to seal a DUI record in Nevada.

Offense	Eligible for DUI Record Seal	Time to Seal DUI Record
Misdemeanor DUI	Yes	Seven years after case concludes
Felony DUI	No	Never
DUI arrest (not convicted)	Yes	Immediately
DUI reduced to misdemeanor reckless driving	Yes	One year after the case concludes

It’s important to note that DUI arrests and convictions are not automatically removed from your record. You must apply for a DUI record seal when you’re eligible. Otherwise, it will remain on your criminal record indefinitely.

If the court denies your request for a DUI record seal in Nevada, you must wait at least another two years before applying for a DUI record seal again. If your DUI record seal application is accepted, you can expect the record sealing process to take a few months to conclude.

How To Get DUI Removed From Record Sooner

If you’re convicted of a DUI in Nevada, you must wait at least seven years after your case officially closes before you can be eligible to have your record sealed. However, if the prosecution drops or reduces your DUI charges, your record can be sealed much sooner.

With that in mind, the Clark County District Attorney takes DUI charges very seriously. Having your charges reduced or dropped can be a challenging process, but it’s not impossible. Working with a proven DUI lawyer in Las Vegas can drastically increase your chances of avoiding a DUI conviction. Continue reading to learn how.

Do DUI Charges Ever Get Dropped?

At The Vegas Lawyers, it’s always our goal to get DUI charges dismissed or reduced to a misdemeanor reckless driving charge.

An experienced DUI attorney in Las Vegas can increase the likelihood of dismissal or reduced charges by deploying the following defense strategies (where applicable):

• Lack of probable cause for the DUI traffic stop
• Improperly executed field sobriety tests
• Faulty DUI breathalyzer equipment or improper use
• Lack of credible evidence
• Contaminated blood samples
• Inconsistent evidence
• Violation of rights during arrest

Depending on your case, there are countless defense strategies that your DUI lawyer can use to help get your charges reduced or dismissed.

The use and purchase of marijuana is legal in Nevada. While it’s great to enjoy newfound freedoms, it’s also essential to understand its limitations.  For example, you obviously shouldn’t drive while high under any circumstances. For some reason many people seem to take lightly the consequences of driving while high believing that somehow, it’s less serious than driving while intoxicated with alcohol.  This is misguided thinking.  Being convicted for a marijuana DUI in Las Vegas is serious.

People convicted of driving under the influence of drugs (DUID) face similar penalties to those convicted of drinking and driving. If you’ve been charged with a marijuana DUI in southern Nevada, it’s in your best interest to consult with an experienced Las Vegas DUI lawyer as soon as possible.

How can the police tell if I’m high?

It can be difficult for a police officer to spot a person guilty of DUI with marijuana in Las Vegas. However, if a police officer observes erratic driving or pulls you over for breaking another traffic law, they may suspect a DUI with marijuana if:

• They observe the smell of marijuana.
• See marijuana in your car.
• Your eyes are dilated.
• Your behavior is unusually “relaxed.”
• Observe other questionable behavior.
• Find you eating multiple twinkies or “White Castle” burgers (just kidding on this one!)

If a police officer suspects you of driving under the influence, he will likely ask you to take a preliminary breath test (PBT). If you pass the PBT, but the officer still thinks you have drugs in your system, you can be placed under arrest.  In some cases, the police officer will wait for an officer with a specialization in drug recognition and evaluation to join the investigation.

If the officer believes there is probable cause, he can arrest you for DUI with marijuana and take you to the police station for a blood draw. Driver’s with more than the legal amount of marijuana allowed in their system will be formally charged with DUI with marijuana.

What if I have a “Medicinal Marijuana Card?”

While a medicinal marijuana card has many benefits, none of them apply to driving under the influence of marijuana. Nevada DUI laws prohibit anyone from driving a vehicle while “high” on marijuana.  However, it does allow you to purchase and own more marijuana than the average citizen. So, if you have more than an ounce of marijuana but less than 2.5 ounces, then you may not be charged with a drug offense.

What are the penalties for a Marijuana DUI in Las Vegas?

The penalties for DUI with marijuana are similar to alcohol-induced DUIs. However, there are a few differences. For example, the typical first-time DUI conviction leads to a 185-day license suspension. 

On the other hand, first-time DUI with marijuana convictions incurs a maximum license suspension of 90 days in most cases. It should be noted that there are a few exceptions. In all, the consequences of Marijuana DUI include, but are not limited to:

• Mandatory jail time or community service
• $400 – $5,000 in fines
• Attendance of Nevada Impact Panel and DUI school
• 90-day to 3-year license suspension (some drivers can be eligible for a restricted license earlier)
• Potential drug and alcohol evaluation

Penalties for a DUI with a marijuana conviction depend on the number of times you’ve been convicted of a DUI, where the DUI occurred, if it caused injuries or death, and other factors of your case.

How long does a Marijuana DUI stay on my record in Nevada?

Individuals found guilty of a misdemeanor marijuana DUI offense can have their records sealed 7-years after their case closes. If the charge was reduced to reckless or careless driving, the record could be sealed after a year. It’s important to note that felony DUI convictions can never be sealed, so it will stay on your record for life.

For this reason (and many others), it’s imperative that you consult with an experienced marijuana DUI criminal defense lawyer in Las Vegas before going to trial or accept a plea bargain. 

What are the defenses to a Marijuana DUI Charge?

Marijuana DUI charges in Las Vegas are not that easy to prosecute. With the help of a skilled lawyer, many people have their charges reduced or dismissed. Generally, there are a few defenses that your criminal defense attorney can deploy depending on your case’s circumstances. They include, but are not limited to:

• Faulty testing equipment
• Lack of probable cause
• The driver was not under the influence of marijuana

It’s important to note that Nevada’s legalization of marijuana or owning a medicinal marijuana card is not a viable defense to DUID charges.

Can a lawyer help me with a Marijuana DUI?

The answer is “yes.”  Having an experienced attorney that is familiar with all the defenses available can make a huge difference in your case.  While driving intoxicated because of drug use has always been a crime, the fact that marijuana is more prevalent in society now with much less stigma due to its legalization offers significant defenses than were previously available.  In criminal law, every case turns on the facts.  Therefore, having the right lawyer to develop those facts is not just important, its crucial.

As the former Chief Judge of the DUI Court and now a DUI defense attorney, I’m often asked by clients about the requirement of a Victim Impact Panel.  Here’s what you need to know: drivers convicted of DUI in Nevada must attend a Victim Impact Panel (VIP). That’s true regardless of the DUI offense.

The Victim Impact panel allows DUI offenders the opportunity to learn about the potentially fatal and life-altering consequences of driving under the influence by listening to the stories of DUI victims and survivors.  Hearing these stories is intended to “impact” offenders by causing them to understand the potential real-world consequences of their actions.  This is why it’s called a Victim Impact Panel.   

Members of the panel discuss how DUI-related events impacted the lives of themselves and their families. Generally, DUI offenders have little to no interaction with the panel members, aside from observing and listening to them.  However, by listening, the impact is felt.   

Victim Impact Panels are often presented by the Mothers Against Drunk Driving (MADD) organization. In certain situations, DUI offenders may attend VIP courses online if circumstances don’t allow for in-person gatherings.

If you’ve been charged with a DUI in Las Vegas or the surrounding areas, attending a Victim Impact Panel (at your own cost) is just one of the penalties you face. DUI convictions also incur jail time, fines, DUI classes, license suspension, and more.

Don’t gamble with your future. Contact The Vegas Lawyers or give us a call at (707) 702 – 7000 to schedule your free initial consultation today.

What Are The Goals of a Victim Impact Panel?

The goals of a Nevada Victim Impact Panel are clear. They include:

• Allowing the victims and survivors to share their experiences
• Increase awareness about the dangers of driving under the influence
• Give DUI offenders real-life examples of how their behavior can affect others
• Help to decrease and eventually prevent DUIs

Victim Impact Panels do not advocate shaming DUI offenders or blaming them. On the contrary, the panel’s primary goal is to educate the individual and increase their awareness of the dangers of intoxicated driving.

What’s The Difference Between DUI School and a Victim Impact Panel?

Judges typically order DUI offenders to attend a Victim Impact Panel as well as Nevada DUI school. It’s important not to get these two confused, as they are both compulsory. If you fail to attend either, you could face serious consequences.

A few major differences between the two include:

• A judge can sentence you to an 8-hour, 16-hour, or 24-hour DUI school course. VIPs are only about 1-2 hours long
• DUI school includes lectures, discussions, activities, quizzes, and a test. The Victim Impact Panel just requires participants to listen to the panel members
• Victim Impact Panels typically cost less than Nevada DUI school

Some DUI schools offer free Victim Impact Courses when you enroll. However, it’s essential to check with your Las Vegas DUI lawyer to ensure that the court will accept your selected course.

Contact The Vegas Lawyers Today – We Can Help

If you’ve been charged with a DUI offense in Nevada, you don’t have to fight alone, we’re here to help. We’ve developed a reputation as one of the best DUI law firms in southern Nevada because we understand what’s at stake; your life.

Don’t gamble with your future when you don’t have to. Our team of skilled DUI attorneys and paralegals can help you to receive the least amount of penalties possible under the circumstances.

Contact The Vegas Lawyers or give us a call at (702) 707-7000 to schedule your free initial consultation today.

Prominent Las Vegas businessman Scott Gragson was sentenced on September 4, 2020 to a term of 8 to 20 years by Clark County District Court Judge Michael Villani as part of a criminal case alleging felony DUI charges involving death and substantial bodily injury.  This case highlights, in the most tragic terms, how a person’s life can change in an instant based upon poor decisions and reckless behavior.  Scott Gragson, the grandson of former Las Vegas Mayor Oran K. Gragson, was well known in real estate and business circles as a highly successful and well-connected person.  With a reputation as a prominent community leader that had contributed to a number of charitable causes, Mr. Gragson now faces the possibility of two decades in prison. 

A TRAGEDY RESULTING IN DEATH

According to news accounts, on May 30, 2019 Mr. Gragson left a charity golf tournament after consuming several drinks and drove in a reckless manner at an excessive speed causing him to lose control of his vehicle in the Summerlin area of Las Vegas and crash into several trees.  With four passengers in his vehicle, one of them, Melissa Newton, was killed and the others suffered significant life-altering injuries.  Leaving behind three children, Ms. Newton died at the scene of the accident.   

To describe this event as a tragedy is an understatement.  Undoubtedly, Mr. Gragson did not wake up on May 30, 2019 thinking that he was going to alter the trajectory of his life and the lives of so many others.  The inconceivable pain and suffering experienced by the family of Ms. Newton and the other victims truly brings home the senseless nature of driving while intoxicated and the consequences that can result from such behavior. 

When most people get behind the wheel of their vehicle after drinking at a “happy hour” or other social event, they don’t think of themselves as engaging in potentially criminal behavior.  Death or bodily injury to others is not something most people seek to cause when they’ve been drinking.  However, as demonstrated in Scott Gragson’s case, unimaginable tragedy can happen based upon poor split second decisions.  This case is a cautionary tale to everyone of the truly tragic and heartbreaking circumstances that can occur based upon poor decisions following consumption of alcohol.

WHAT IS FELONY DUI?

When most people think of DUI offenses, they think of a misdemeanor crime.  While that’s generally true since, thankfully, most DUIs don’t result in death or bodily injuries, it’s important to be aware that if a death or bodily injury does occur, as it did so tragically in Scott Gragson’s case, then Nevada law requires criminal charges be upgraded to a felony.  Specifically, Nevada Revised Statute 484C.430 provides that a DUI resulting in death or substantial bodily injury carry a minimum criminal sentence of 2 years and a maximum sentence of 20 years in prison. 

Do you think Scott Gragson woke up on May 30, 2019 intending to kill a mother of three children, seriously injure three of his other friends/colleagues and, in the process, ruin his own life and that of his family?  Of course not.  However, that’s exactly what happened due to the very poor choice of getting behind the wheel of his vehicle and driving recklessly because he was drunk.  This case is simply another in a long line of heartbreaking tragedies that should inform all of us about the very serious and tragic dangers associated with drunk driving.  Getting a DUI is not just about “you,” it’s also what can happen to others.     

HOW TO AVOID A TRAGEDY

The best way to avoid a tragedy is to recognize that it can occur based upon the most unintended consequences of one’s actions.  Thus, this means that you should always avoid getting behind the wheel if you’ve been drinking.  However, if you are going to consume alcohol at a work or social event, limit yourself to only 2 drinks and make sure you give enough time to dilute the alcohol in your bloodstream before getting behind the wheel.  There are a number of things you can do to make sure you avoid putting yourself in the position of getting a DUI and potentially harming yourself or others. 

Call The Vegas Lawyers If You Find Yourself In Trouble

Facing DUI charges can be stressful and potentially damaging to a person’s career and life.  It’s extremely important to have the right lawyer in your corner.  If you find yourself facing DUI charges, get The Vegas Lawyers.  Our team is among the best at handling these types of cases.  Call us direct at (702) 707-7000.