Examples of Las Vegas DUI/DWI Defenses

Motion To Suppress Evidence [Motion 1538.5]
One of the best defenses that can be applied to a DUI charge would be that the officer in question did not have proper grounds to directly contact you. Basically if the judge that you are assigned to is convinced of this fact though motion 1538.5m then you case will be dismissed without the need of a trial.

Scientific Defense of Rising Blood Alcohol
With the rising blood alcohol defense, the law requires that your blood alcohol level is not greater than a level of .08% at the time of driving.  The blood alcohol levels before and after driving is completely irrelevant, if you can prove that when you were driving, that you alcohol level was below the .08% threshold.  In most cases, you can have an expert testify on your behalf, depending on your pattern of drinking. Even though you tested higher than the .08% threshold, but you were actually below the threshold at the time of driving. This also has been a very successful defense. 

Las Vegas Criminal Defense Attorney: Focused on DUI/DWI PDF Print E-mail

If you hire "The Traffic Ticket Lady of Las Vegas to represent you on your traffic ticket, what happens next?

First:  We contact the Prosecuting Attorney and the court for that jurisdiction.  We negotiate a new Court date so that you will not have to attend Court on the date the peace officer wrote on your ticket.  The Attorney attends the new court date, you do not!

Second:  We discuss and negotiate your case with the Judge and/or prosecuting attorney in an attempt to have your moving violation lowered to a non-moving violation. We do this in order to minimize the DMV "points" that could be assessed, and attached to your driving record.  We also attempt (often aggressively) to have your fine lowered as much as possible.

What about a non-moving violation, like no proof of insurance or no registration?

Often we can have these violations dismissed or reduced depending on the documents we receive from you.

How will you find out about the outcome of your case after the attorney resolves it on your behalf?

You will receive a phone call from our office informing you about the results of your case.  The phone call will also be followed up by a letter with specific instructions about how much your fine is, where to make your payment and what date the payment is due.

In most cases individuals who hear the words driving under the influence, relate it to being under the influence of alcohol. Most people do not think about drugs. However, the penalties for driving under the influence of drugs are very similar, and could be harsher than driving under the influence of alcohol. If an individual is found guilty and convicted of driving under the influence of drugs, he or she is subjected to the same consequences as someone convicted of drinking and driving. One possible penalty may be losing your driving privileges indefinitely. The criminal court may have your license suspended or revoked. Other penalties that you may face include community service, loss of employment and jail time.

 

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Questions asked by individuals who face a DUI conviction is whether or not they should hire a DUI defense attorney and whether or not they can afford an attorney to represent them. Although the answer to this question will vary depending on an individual's situation, hiring an experienced DUI defense attorney is a smart idea. Particularly if this is not your first or only offense. If this is your first DUI arrest and there are no additional or aggravating circumstances such as, DUI with a minor in the vehicle, reckless driving or extremely high blood alcohol content you could get through the legal process without a DUI defense attorney.

However, before come to that conclusion, get need to acquaint yourself with all of the DUI laws, penalties and fines in Nevada to make an informed decision. Please keep in mind that a DUI defense attorney could have information that you may not know. You are not a DUI defense attorney and may have only limited knowledge of the laws in your state. This information may be useful to your case and could and impact the fines and/or jail time that you receive. If this is not your first offense, you should seriously consider hiring a DUI defense attorney.

Do not try to take on the judicial system alone. Let one of our experienced DUI defense attorneys evaluate your case and work on defending your rights. If you think you cannot afford the legal representation you deserve, we offer several payment plans and methods of payment. Repeat offenders will undoubtedly face higher penalties and jail time than first time offender. You cannot afford to take this chance; your best bet is to be represented by a DUI defense attorney.

Contact us to arrange for your free consultation and see how we can assist you with your legal concerns.

 
 

DUI Defense Attorney Las Vegas

DUI/DWI Arrest in Las Vegas! Relax Tonya Heers, Attorney at Law can save you money and time!

A DUI arrest can be a terrifying and confusing event in a person's life. Many individuals accused of driving have never had any issues with the law before and do not know what to expect from the criminal justice system. That is why an arrest for drunk driving requires legal help. Many drivers accused of DUI have no clue how to select an attorney with experience in drunk driving defense. Our experienced DUI defense attorneys located in Las Vegas know what to do to defend your rights. That’s why so many accused DUI drivers turn to us for help.

Finding and working with a lawyer can be a really difficult job. However, in Las vegas Nevada there are many critical issues which can arise that require aggressive and capable legal representation.

At our firm  - Tonya Heers, Attorney at Law, we are known as The Traffic Ticket Lady of Las Vegas, we are dedicated to making your experience as easy and straight forward as possible. We have years of experience in the Clark County Criminal and Traffic Law fields.  We are here to assist you with your traffic and any other legal needs you may have.

Our Firm's focus is you! We will work hard to:

Save you money by:

  • Keeping as many DMV demerit "points" off your driving record as possible, thereby keeping your insurance rates down.
  • Having fines reduced (if possible)

Save you time by:    
 

  • Making sure you avoid lengthy lines at Court Windows
  • Helping you avoid Court Appearances (if possible)
  • Helping you avoid traffic school (if possible)

Las Vegas DUI Facts

Las Vegas DUI and Drug Charges Attorney!

If a peace officer pulls over an individual, the officer may arrest that person if they have a reasonable belief that they have committed, or are about to commit a crime. "Probable Cause" stems from the belief that there is sufficient evidence at the scene to support the fact that a DUI did occur and may legally justify a DUI arrest. Even if a person refuses to submit to a chemical test or it is not possible to administer one, the officer may deduce, based on several implicating factors that a DUI has occurred. A peace officer may pull over a person who is driving a vehicle erratically. If the officer observes empty beer bottles in the car and is able to smell alcohol on the driver's breath, he or she can make an arrest based on those observations. Even though the driver will not agree to a Breathalyzer test, the officer may arrest him or her based on a probable cause belief that a DUI.  When faced with a DUI charge, it is important that you contact a DUI defense attorney as soon as possible.

Las Vegas Criminal Defense Charges

Las Vegas Ticket Lady Answers Your Questions.

If a peace officer witnesses you committing DUI, the officer may lawfully arrest you. For example, if a peace officer pulls over a person who is driving a vehicle erratically, he will administer a Breathalyzer test to determine if the driver's alcohol intoxication level is above the state's legal limit for safe operation of a motor vehicle. If the test reveals that the driver alcohol is above the legal limit, the peace officer can legally arrest the driver for DUI. Do not resign yourself to the belief that there is nothing you can do. Contact one of our experienced DUI defense attorneys. We will put your mind at ease and help you through the legal process.

What is the Las Vegas point system all about"?  How are they assigned and by whom?  How do they affect you?

"Points" are assessed to your driving record by the State of Nevada Department of Motor Vehicles.  Each time you pay or plead guilty to a traffic ticket for a moving violation such as speeding or running a red light, the DMV "punishes" you by placing Demerit Points on your driving record.  These points remain on your record for one year from the time they are placed on your record.  Each type of infraction is assigned a specific amount of "points".  For example, failing to stop at a stop sign is a four point violation.
 
Having these "points" on your driving record can cause problems in most areas of your life.  For instance, insurance companies often increase your premium rates based on the amount of points you have.  Also, employers often request a driving history report during the application process and in some cases having "points" can preclude someone from getting the job.  In addition, the DMV keeps track of your "points" and if you receive twelve or more "points" in any twelve month period they will suspend your driver's license.
 
It is important to understand that these difficulties are IN ADDITION TO any fines, traffic school or other requirements which may be placed on you by the Courts.  The Court which handles the prosecution of your traffic ticket and the DMV are completely separate.  One has no control over the other.
 
We help you with both the DMV and the Court.  This is done by negotiating your MOVING violation down to a NON-MOVING violation, such as a parking ticket.  This "gets rid of" your points because the DMV is not concerned with NON-MOVING violations.  Once your "speeding" ticket becomes a "parking ticket" the DMV does not find out about it because a parking ticket is a zero point violation and does not trigger DMV involvement.
Your best source for information on this subject is the Nevada Department of Motor Vehicles itself.  Their website has helpful information and forms for issues with your Driver's License, Driving Record and Vehicle Registration.  The link below will take you directly to their web site.

Nevada Department of Motor Vehicles
The DMV and its Demerit Point system can be very confusing.  If you have additional questions or want to know how all of this affects your specific case, please contact us.  We are here to help and would like to discuss it with you.