What Can A Prosecutor Say About You In A DUI Trial?
Within the context of DUI, the Nevada Supreme Court defines a prosecutor’s statements as prosecutorial misconduct if those statements, “so infected the proceedings with unfairness as to result in a denial of due process.” To assist with the analysis, the Court identified four factors it will look at: 1) a prosecutor may not vouch for [...]
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 [...]
Personal Websites As DUI Sentencing Enhancement Tools
Defense attorneys should strongly consider urging their clients to remove any personal pages after a DUI arrest. Personal Websites like Facebook and MySpace are becoming increasingly problematic for criminal defendants because prosecutors are now using them as sources of photos and comments during the penalty phase for DUI. In one case, a young woman from [...]
Nevada Law On Reckless Driving
What precisely constitutes Reckless Driving under NRS 484.377? Unfortunately, it is again the least favorite answer: it depends. As a general rule, what constitutes reckless driving is to be determined from all the surrounding circumstances, at least where the statute does not specifically declare what particular acts shall constitute the offense. What constitutes reckless driving [...]
