Pending Or Unresolved DUI Charges
In some cases, a prosecutor may file a DUI complaint that includes not only evidence of prior DUIs (relevant to determining the proper level of DUI offense) but also pending DUI charges. Evidence of pending or unresolved DUIs is inadmissible under NRS 48.045(2) which expressly prohibits evidence of other crimes, wrongs or acts to prove the character of a person in order to show that he acted in conformity therewith.
The most appropriate solution to this matter is for the prosecutor to stop filing DUI complaints in this manner. There are a whole host of ethical issues at play with knowingly and purposefully filing court documents in violation of well established law, not to mention it’s unconstitutional. It’s unfair and puts the defendant at an immediate and permanent disadvantage. Another solution is to ask that an amended complaint be filed. However, this is not a perfect fix because the original complaint will still be on file with the inadmissible evidence. More importantly, the proverbial bell has already been rung. That is, the judge’s opinion of the defendant is already tainted once he knows about the other pending DUIs.
Asking that the case be transferred to another court might be another solution. But here again, the court file may still contain the contaminated original complaint. Ultimately, sanctions or the threat of sanctions against the prosecutor might be necessary to stop this injustice.
