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Nevada DUI Laws Effective October, 2018

CPK LAW • Mar 02, 2019

On October 1, 2018, the laws regarding DUI offenses drastically changed in Nevada. The recent changes specifically deal with the loss of driving privileges which occur when someone is convicted of a DUI.

Technically, there are two different ways a person can lose their license as a result of a DUI: (1) Through the DMV; and (2) Through the Criminal Court.

If a DMV Hearing Officer makes a finding that a person was driving a motor vehicle with a blood alcohol concentration level at or above .08, that will trigger a 90 day loss of driving privileges.

Beginning October 1, 2018 , if convicted of DUI in a criminal court, a person will now lose their driving privileges a minimum of an additional 180 days. This 180 day loss of driving privileges runs in addition to the 90 day loss imposed by the DMV. Therefore, a DUI could result in a minimum of 270 days of loss of driving privileges.

The loss of driving privileges will increase to a minimum of 12-36 months if the criminal court makes a finding that the driver had a blood alcohol concentration of 0.18 or higher.

If a person is found to be driving while their license is suspended as a result of a DUI, there are significant penalties. A first time offense will result in a three year driver’s license suspension; a second offense will cause a five year suspension.

However, the new changes in laws do allow for a person who has lost their driving privileges to still drive under strict conditions. To continue legally driving, a person would have to first install a Breath Ignition Interlock Device (BIID) on their vehicle and maintain that device, which requires regular calibration, during their suspension period.

In conclusion, it is obvious from our Legislature that our State has chosen to become even stricter on DUI offenders. That is why it is more important than ever to have an experienced DUI attorney. If you’ve been hit by a drunk driver, you need an experienced car accident attorney. Here at Craig P. Kenny & Associates, we have successfully handled both sides of DUI cases and pride ourselves on fighting hard to preserve the rights of our clients.

Call (702) 380-2800 for a completely free, no-obligation consultation today!

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Drinking Under Influence — Las Vegas, NV — Craig P. Kenny & Associates
By admin 03 Nov, 2023
Driving Under the Influence (DUI) is a criminal offense in every State. There are more than 10 different courts in Clark County and 6 courts in the Las Vegas Valley where DUI cases are heard. While each court operates slightly differently, the basic processes and timelines are the same. Most people who are arrested on DUI charges are released from custody (jail) within 24 hours of arrest and do not have to post bail. When one is taken to jail on a DUI arrest, a sample of their blood will generally be taken and sent to a lab for testing. The results are not available immediately and most people are released while the lab processes the blood. This could result in the process taking several months. When one is released from jail, it is common that the next date they would have to return to court is 6 months later. Many clients contact an attorney at this time, which is a smart way to ensure the case is handled properly. During this waiting period between being released from jail and going to court, it is important to take care of any issues with the DMV. The DMV and court system are separate, and the DMV may take action to restrict someone’s driver’s license before they even attend their first court date. An attorney can also help with the DMV process and, in some cases, prevent the license revocation. The first opportunity for the prosecutor to inform the judge if they are filing charges is at the first court hearing. At that time, one of three things will happen: the charges may be filed, the case may be dismissed, or the prosecutor may request more time to decide whether or not to file charges. The prosecutor has 1 year from the date of arrest to file those charges if he/she decides to do so. Most people who have hired an attorney choose not to attend this court date, and their attorney will appear for them. Anyone who does not have an attorney is required to appear in court. Once charges are filed- whether it is at the first court hearing or a subsequent hearing- the person and their attorney are entitled to the evidence in the case which includes the arrest report, the toxicology report, and body camera footage. The court will then give that person another date to come back to court for a hearing or trial, which can range from one month to six months later; depending on the court. A person charged with a DUI can review and discuss the evidence in their case with their attorney once the complaint has been filed. Most cases are “negotiated” at this time which means that the person chooses to accept certain consequences, such as paying a fine and taking driver safety classes. If the person does not wish to agree to particular consequences, they will have to go to trial. At a trial, the prosecutor calls witnesses- like the arresting officer and the toxicology expert- to prove that the person was driving under the influence. The accused and their attorney also get to ask those witnesses questions and present witnesses of their own, if they choose to do so. Once the evidence has been presented, the judge makes a decision as to whether or not the person is guilty. If they do indeed find them guilty, the judge imposes a sentence that could include fines, classes, or even jail time. It is part of an attorney’s duty to help their client understand these possible consequences as well as the likeliness of a judge finding them guilty at trial. The attorney should review the evidence with their client and explain the legal strengths and weaknesses of the case. Sometimes, the law does not match our common understanding of what it means to drive under the influence and an attorney helps translate the law into terms anyone can understand. Many people choose to accept negotiations instead of going to trial to have certainty in the outcome. Any requirements imposed by the judge, whether they were agreed to in negotiations or imposed at sentencing following a trial, must be completed and proof provided to the court in a certain time period. When all the requirements are complete, the prosecutor will check the person's criminal history to ensure they have not been arrested on any new charges since the start of the DUI case. If no new charges have been filed and all requirements are complete, the case can be closed. The time period to complete the requirements can range anywhere from one month to one year. The National Highway Traffic Safety Administration has recorded an increase in fatalities due to driving under the influence around the holidays for several years. As we head into this holiday season, give your loved ones the gift of staying safe on the roads. Don’t drive after drinking, or ingesting marijuana, or any other controlled substances. If you need help call the SAMHSA Helpline at 1-800-662-4357 for free, confidential advice and referrals 24/7, 365 days a year.
Electric Bike Station — Las Vegas, NV — Craig P. Kenny & Associates
By By Leon R. Symanski, Esq. 02 Oct, 2023
When I was a kid I absolutely LOVED to ride my bike. I dreamed of getting the cool Schwinn with 5 speeds, hand brakes, and the banana seat with sissy-bar and shiny chrome accessories for my birthday or Christmas. Riding a bike is a great way to stay in shape and to get you to your destination, whether it be a beach cruiser, a mountain bike, or a touring-type bike. However, over the past few years, the trend has turned to Electric Bikes. But as battery-powered bicycles grow in popularity, safety concerns are growing too. What are E-Bikes? The term "e-bike" refers to two-wheeled electric-motor-assisted bicycles. E-bikes are produced with all the features of a regular bicycle with the addition of an electric motor that generates less than 750 watts. There are basically three types of e-bikes: Class 1: The motor assists the rider only when the rider pedals, and it stops assisting at 20 mph. Class 2: The motor can propel the bicycle without the rider pedaling, up to 20 mph. Class 3: The motor assists the rider only when the rider is pedaling and stops assisting when the bike reaches 28 mph. An e-bike allows riders of any skill or fitness level to reach significant speeds. For reference, Tour de France riders average 25 to 28 mph on flat terrain. Riding an e-bike is significantly different from riding a conventional bike. First of all, e-bikes are much heavier because of the frame, the motor, and the battery. If you are considering purchasing an e-bike for your minor child, please take into consideration your child's ability to manage the weight when steering or in the event of a fall. Also, please take into consideration the acceleration and speed of an e-bike. Don't assume your child can operate an e-bike just because they know how to ride a conventional bicycle. ALWAYS make sure to wear a helmet when riding an e-bike. This protects the brain, head, and face from serious injuries in case of a crash. Make sure the helmet fits properly and that it's strapped on (not just worn like an uncomfortable hat). The helmet should be snug, level, and secure. E-bikes go fast. Riders should be aware of the terrain and road surface. Riding on dirt, sand or gravel is not the same as riding on a paved surface. The weight and speed of an e-bike on an unpaved surface pose a much higher risk for an injury-related crash. Riders must always make sure they obey all traffic safety laws and be cognizant of their surroundings at all times. E-bike riders should utilize hand signals and should be equipped with a headlight, a taillight, and reflectors. E-bikes can be a lot of fun if the rider follows all of the safety requirements listed herein. But they can also cause serious injuries or death if the rider is careless and does not take safety seriously. If you or someone you know has been injured while operating an e-bike, please contact me at Craig P. Kenny & Associates for a free consultation. Thank you very much for your loyalty and your referrals.
Book and Gavel — Las Vegas, NV — Craig P. Kenny & Associates
By Hayley N. Price, Esq. 06 Sep, 2023
If you are someone who was around between 1994 and 2022, you may remember the popular sitcom Friends, which included a good-natured but somewhat unsophisticated character named Joey who famously said. “It’s like a cow’s opinion, it doesn’t matter. It’s Moo”. Although something being “Moo” is clearly not correct legalese, it is actually more common than most people realize to misuse, mispronounce, or misunderstand legal words and concepts. Here is a list of some of the most commonly misused, mispronounced, and misunderstood legal concepts and phrases: 1). ATTORNEY VS. LAWYER : These two words are commonly used interchangeably. However, they actually technically have different meanings. While all attorneys are lawyers, not all lawyers are attorneys. The word lawyer can describe anyone who has completed a law degree while an attorney refers to someone who has passed the bar exam, is eligible to be licensed, and can represent clients in a courtroom. 2). HEARSAY VS. WHAT YOU HEARD SOMEONE SAY : The word hearsay is so commonly used to describe gossip or to describe unverified statements made by someone other than the person repeating them. The correct use of the word hearsay is used to describe a type of testimony (someone speaking under oath). When a person speaking under oath repeats what someone else said or wrote down, this is hearsay. Technically, hearsay is inadmissible in a court hearing because of its unreliable character. However, there are types of speech that have earned enough credibility to qualify as an exception to hearsay which qualifies the speech as an exception to hearsay allowing it to be included as evidence. These types of speech include dying declarations, statements against the interest of the person speaking, business records, etc. 3). NEGLIGENCE VS. RECKLESSNESS : Commonly used similarly in conversation, these two words are actually technical opposites. When someone acts recklessly, that person is said to have known or should have known the risk or danger in what they are doing before continuing to do it. Oppositely, acting negligently refers to someone who simply fails to comply with the standards that a reasonable person would have under the same circumstances whether they acted deliberately with that knowledge or not. 4). SQUASH VS. QUASH : While someone can squash a bug or eat a squash with their meal, the word squash is not the correct phrase to use when attempting to clear a warrant. Rather, the correct phrase is to “quash a warrant”. 5). PAROLE VS. PROBATION : Both terms are used to refer to supervision for someone following a criminal conviction. Probation refers to out of custody supervision granted to someone in lieu of prison time, whereas parole can be granted to someone following the completion of at least some of the prison sentence with the promise that the released will maintain good behavior while free of custody. 6.) ASSAULT VS. BATTERY : Assault and Battery are two separate crimes that are often associated with one another and are often used incorrectly. It is not uncommon to hear someone say, “I was assaulted” meaning they were attacked. However this is an incorrect use of this word. While the crime of battery refers to the crime of actually physically harming someone, assault is the crime of causing someone to have a reasonable fear that they will be harmed imminently. In legal settings, knowing the correct meaning of words is important to ensure accurate communication and understanding. If you have any questions regarding the forgoing or need representations following an accident, injury, or arrest, please feel free to contact me directly at hprice@cpklaw.com.
By Bradley L. Kenny, Esq. 02 Aug, 2023
Maybe...I’ll go into the details so that you can have a better understanding. First, I want to tell you about how you can end up in a situation where you think you’re doing the easy thing, but later on, you realize that you made a mistake. In my experience, insurance adjusters are like car salespeople. If you equate an open file to a car on the lot, you have a better understanding. An adjuster always told me that a happy file is a closed file. And for car sales, a happy situation is a signed contract. Someone injured in a car accident may accept a settlement from an adjuster at the accident scene. Have you ever seen a car that has the insurance company logo all over it on the highway? Some of those vehicles are known as “IRVs” (Immediate Response Vehicles). Like someone selling a car, the adjuster happens upon an accident scene after being called in from the branch office to speak with the injured victim. They promise the moon but deliver next to nothing. Insurance companies encourage their adjusters to settle claims quickly because they know that the longer the claim is open, the more exposure the company faces. The insurance companies start telling accident victims that they are entitled to money (“cash-out” is a term used by the insurance industry). Insurance companies settle cases quickly because the bottom line is that they are trying to save as much money as possible. Insurance companies also offer “open medical” which means they say they will pay for future treatment. However, many times the treatment you may receive might not be deemed “reasonable or necessary” by the insurance company. In which case, you will be on the hook for the medical bills. Here is an actual email that was received recently: The accident only happened a week ago. However, she signed an early offer from the liability carrier saying they will pay for up to $6,000.00 in treatment and then paid her about $2,500.00 on top of that. She signed it, sent it in and then deposited the money. Can this be withdrawn or at this point is she locked in to this deal since she has already agreed to it? Our legislature has tried to put an end to these insurance company tactics. NRS 10.185 provides as follows: 1. A release of liability given in connection with any claim for personal injury sustained by a releasor is voidable by a releasor within 60 days after its signing by the releasor, if the releasor signed the release: (a) Within 30 days after the event that initially caused his or her injury; and (b) Without the assistance or guidance of an attorney. 2. To void the release of liability pursuant to subsection 1, the releasor shall: (a) Sign a written notice disclosing the election of the releasor to void the release; and (b) Within 10 days after signing the notice (1) Send the original notice or a signed copy of the notice to the releasee; and (2) Return any consideration paid by the releasee. 3. A release of liability is void on the date that the notice and any consideration described in subsection 2 are received by the releasee. 4. As used in this section: (a) “Personal injury” means any mental or physical injury. The term does not include property damage. (b) “Release of liability” means an agreement executed between a releasor and releasee. (c) “Releasee” means a party who is being released by the releasor from any claim described in subsection 1. (d) “Releasor” means a party who agrees to release the releasee from any claim described in subsection 1. A release can be set aside under the law if it was signed within 30 days after an accident and the injured person signed it without the help of an attorney. You must send a written notice to the insurance company within 60 days after signing the release. Additionally, the injured party must return any money you received from the company. You have a limited time-frame to do this. Please do not be a victim twice.
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A criminal sentence is the punishment that a judge hands down to an individual accused of committing a crime. Read this blog to gain a better understanding of criminal sentencing.
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One of the most important pre-civil-trial activities is discovery. Learn more about this exchange of information by reading this blog.
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Expert witnesses help with personal injury cases because of their experience. Learn how attorneys use expert witnesses to strengthen their cases.
10 May, 2023
You should file a product liability claim if you sustain injuries because of a defective product. Here's what you need to prove to succeed in your claim.
02 May, 2023
By Billie-Marie Morrison, Esq. Workers' Compensation is a very unique area of law. It is considered Administrative Law because the process is created and controlled by the State of Nevada. Nevada is a no-fault system, which means even if the injury is a result of something you did (for example, you are driving for your job and you create a car/truck accident) your injuries are covered under workers' compensation and you may receive a financial recovery at the end of treatment if your claim is handled properly. Often times there is a 2nd part of a workers' compensation claim. This is known as a 3rd party claim and happens in more situations than people realize. It can be from a vehicle accident when you are not at fault, you are bitten by a dog while on the job, a slip and fall on the premises of a business that is different than the one you work for, you use the restroom in an office building where you work, and the restroom is not inside your office or if it is and it is not maintained and cleaned by co-employees, this could be covered. Many product defect cases are also linked to workers' compensation claims. These include injuries caused by machines that are not properly maintained by an outside company, a washer or dryer that has a design defect and does not turn off when they are supposed to or turn on when they are supposed to. More examples of defective workplace products are cranes, forklifts, elevators, scaffolding, air conditioning units, faulty electronic aspects of equipment, boom trucks, and machines that have safety off switches that cannot be reached in the case of emergency. The list goes on and on. When you have a workers' compensation claim, in 99.9% of the situations you cannot sue your employer, but there may be other entities to sue. To know this, you should always hire a workers' compensation attorney whose practice is primarily workers' compensation and is a certified specialist. I am fortunate because I am certified by the State Bar of Nevada as a Specialist in the area of Workers' Compensation, and also practice personal injury and products liability. If you have a workers' compensation injury, it is always best to hire a workers' compensation attorney immediately. You may lose benefits, and end up with medical providers that are not correct for your particular injuries, which will ultimately mean that you will receive less money in the end. It would also mean that the 3rd party claim is also overlooked. Don't let this happen to you. On the flip side, the disadvantage to you if you hire a personal injury attorney who does not practice Workers' Compensation can cause you to lose accepted body parts, allow the workers' compensation carrier to assign the incorrect average monthly wage to your claim, lose your opportunity to have life-time re-opening rights, and most importantly, you may be encouraged to not pursue the workers‘ compensation claim for wrong reasons; such as the medical treatment in a workers’ compensation claim is not as good as in the personal injury claim. This is absolutely false. Some of the very best doctors in Nevada take workers' compensation claims. My heart surgeon accepts workers’ compensation and I love him will all my heart…(pun intended)… So don't be fooled by this. Also, having practiced in the area of products defect, many attorneys do not recognize the potential product liability case. You can be driving your car or a work vehicle, cause a car accident, get injured by the airbag (or the airbag does not engage at all) and you will have a workers' compensation claim as well as a product injury claim. If you did not cause the accident, you can have a 3rd claim against the person who cause the car accident. All of this being said, if you are injured on the job, please seek the legal counsel of a workers' compensation attorney who is certified by the State Bar of Nevada as a Specialist in the area of Workers' Compensation, such as myself.
By Jimmy W. Howard, Esq. 04 Apr, 2023
One of the most frequent and complicated questions we get from clients is how much money will they get at the end of their case. The answer is always, it depends. And, it depends on a lot of factors, but the two most important factors are (1) what are the client’s injuries and (2) how these injuries impact the client’s life. It should be noted that a third very important factor is how much insurance is available to pay for the client’s damages, but this article will primarily focus on how the law allows us to ask for compensation for a client’s injuries. There are primarily two kinds of damages a person injured through the negligence of another person can collect: compensatory damages and punitive damages. Compensatory damages are damages based on actual losses and are intended to make a person whole again when the person is injured through the fault of another. Let’s say another person drove his car into the rear of your car while you were stopped at a stop light. What compensatory damages could you recover? There are several types of compensatory damages. The first is the cost of repair of your car and the cost of a rental car. In the event you did not get a rental car, then you could recover for loss of use of your vehicle for the time it is in the shop. You might also be entitled to a diminishment in the value of the car. Most law firms will not assist you in making a claim for property damage. The simple reason for this is if the lawyer took part of the money to get your car fixed, you would not have enough money to get your car fixed. Craig P. Kenny & Associates will assist you in getting your car repaired, and more importantly, will not take any fees for that assistance. It is a customer service that we offer. Compensatory damages could also extend to property in your car that was damaged as a result of the accident, which can be almost anything: a child’s car seat, eyeglasses, the property you were carrying in your trunk, etc. when the accident happened. Of course, you need proof of the damaged item and how much it cost. If you are injured in an accident, another compensatory damage is the medical expense of treatment. The driver who caused the accident is responsible for the medical bills incurred as a result of the accident. The treatment must be related to an injury from the accident. Another compensatory damage arising from being injured is pain and suffering. Pain is pretty obvious but very subjective, how much pain were you caused because of the accident. Suffering is broader and can include things like being unable to do chores around the house you normally did before the accident because of your injuries or just the hassle of having to deal with a car accident and go to doctor’s appointments. It could include being bedridden or hospitalized for a period of time. Or, it could include missing a vacation. There is no set formula for how to calculate pain and suffering, so this is a difficult category to predict how much a person would get. Ultimately the question is what would a jury award you for pain and suffering, and different juries can vary greatly in what they would award. Another example of a compensatory damage is lost wages; however, this can often be one of the harder damages to collect. First, it opens you up to a request to see your tax returns from previous years. Second, it can be very difficult to prove things like how much a person would have received in tips, for example. Or if the person making the lost wage claim did not work a set schedule, it can be hard to prove how much time they actually would have worked if the accident had not happened. Lastly, you could be entitled to punitive damages, but this is a very rare damage to recover. Punitive damages are meant to punish a person for reckless or intentional behavior in order to deter them from that conduct in the future. Insurance companies are not responsible for punitive damages because then it would not deter the person’s conduct. The most frequent example of when a person would be entitled to punitive damages is when a drunk driver causes a car accident. The law wants to discourage drunk driving, so in addition to compensatory damages and pain and suffering, the law allows a person in this situation to collect punitive damages directly from the driver. Generally speaking, it is difficult to collect punitive damages unless there is a trial and a jury awards punitive damages. And, even then, it can be difficult to collect them because the person may not have any assets with which to pay the punitive damages.
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