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What is a Victim Impact Panel in Nevada?

thevegaslawstg on November 10, 2020

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.

Scott Gragson Sentenced To Prison For DUI

thevegaslawstg on September 14, 2020

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.  

How To Avoid A DUI

thevegaslawstg on September 2, 2020

In the past several years there has become much greater societal awareness regarding the dangers of drinking (or consuming controlled substances) and driving.  According to government statistics, 28 people die every day in the United States due to a drunk driving accident.  The annual costs associated with drunk driving crashes is estimated at $44 billion dollars.  These are sobering statistics that highlight the tragedy that can arise from drunk driving.  Unlike most “crimes,” driving under the influence (“DUI”) doesn’t require a “state of mind” element as part of the charge. Learn how to avoid DUI charges.

In other words, you don’t have to “intend” to be drunk before being charged with a DUI.  Under Nevada law, prosecutors only need to show that you were “impaired to a degree” that rendered you “incapable of safely driving or exercising actual physical control of a vehicle.”  The law is basically the same in every state.    

So, the question that often arises is how can one avoid DUI charges?  The most simple and obvious answer is to not drink at all.  However, this is not always realistic advice.  It’s like telling someone the best way to avoid a sexually transmitted disease is to avoid sex.  Is it true?  Yes.  Is it practical?  No. 

Workplace parties, happy hours after work with friends, sporting events, concerts – alcohol is everywhere.  Like food, social drinking is an experience that brings people together.  But the fact of the matter is, excessive drinking can lead to some tragic consequences.  The vast majority of people that get convicted of DUIs are not bad people.  They’re simply people that made a mistake and exercised bad judgment in a moment of time. 

Here are some practical tips to help you avoid a DUI if you’re going to drink on a social basis:

LIMIT YOURSELF TO 2 DRINKS To Avoid DUI Charges

The legal limit in almost all states is 0.08 percent blood alcohol concentration.  What this means in simple terms is that if you have an amount of alcohol in your blood stream that exceeds this amount, you’re considered legally drunk and subject to criminal prosecution. 

As a general rule, for a man weighing 160 pounds or more, two drinks within an hour will not put him over the legal limit.  For a 120-pound woman, 2 drinks within an hour will put her exactly at the legal limit.  There are always exceptions to these general rules depending upon the size of the person and how quickly the alcohol is consumed. 

To avoid a DUI, the best rule to adopt is to limit yourself to 2 drinks over the course of 2 hours.  Also, if you’re going to drink, you’ll be better off consuming beer or wine than hard liquor because the concentration of alcohol is much lower.

FOLLOW EACH DRINK WITH A GLASS OF WATER

In order to dilute the blood alcohol in your bloodstream, follow each drink of alcohol with a glass of water.  What this will accomplish is dilution of the alcohol in your bloodstream.  It won’t happen right away so make sure you wait a little while before getting in your car after drinking.  Give it some time to allow the alcohol to get diluted. 

USE A RIDE SHARE VEHICLE OR GET A TAXI

You can’t get a DUI for merely being drunk as a passenger.  Thus, if you want to get drunk well past the legal limit, you should make sure you use a ride share vehicle such as Uber or Lyft to get around or call for a taxi.  By no means should you be getting behind the wheel of your own vehicle. 

With the proliferation of ride share vehicles and the significant reduction in costs associated with them, it’s easier than ever to use this type of transportation.  Also, if you have access to public transportation, you can use that as well.  Of course, “acting out” in public could get you charged with public drunkenness but that’s a much less significant charge than a DUI.  So, when possible, always use public transportation or a ride share vehicle / taxi.  You’ll be glad you did.                 

MAKE SURE YOU EAT WHILE YOU DRINK

Eating before or while drinking will dilute the blood alcohol concentration in your system. The “emptier” your stomach, the more quickly the alcohol will absorb into your bloodstream.  Thus, if you’re going to a workplace party or a happy hour, make sure you snack on some food while partaking in social drinking. 

KEEP YOUR VEHICLE IN GOOD CONDITION

If you limit yourself to 2 drinks and decide to drive, you could still get pulled over for suspicion of a DUI.  To avoid this happening, don’t give the police a reason to do so based on the condition of your vehicle. 

For example, a broken brake light or expired license plate could cause a police officer to pull you over which could in turn lead to questioning about your drinking.  Thus, make sure your vehicle is always in good working condition and does not serve as a basis for having you pulled over. 

STAY WITHIN THE SPEED LIMIT

Again, if you’re going to drive after limiting yourself to 2 drinks, make sure you don’t arouse suspicion that can get you pulled over.  The easiest way to get pulled over is to violate the speed limit.  Thus, staying within the speed limit will keep you from potentially being pulled over and then questioned about drinking. 

On this subject, it’s also a good idea to keep breath mints in your car.  These can help reduce the odor of alcohol on your breath so that if you do get pulled over, the officer won’t smell alcohol on your breath.

GET THE VEGAS LAWYERS IF YOU FIND YOURSELF IN TROUBLE

Facing DUI charges can be stressful and potentially damaging to a person’s career.  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.