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DUI mistakes part 1

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Top 10 Nevada DUI Mistakes

1. Not taking the DUI charge seriously. This is a charge that will follow you for the rest of your life if you are convicted. The DMV will keep track of it until you are dead. It has to make sure to take your license away from you for 3 years if you have 2 DUI convictions within 5 years. They will take your license away for 5 years if you have 3 major traffic offense convictions in a 5-year period of time.

The additional insurance charges alone could cost you thousands of dollars. If your your license is taken away, you have to prepay for an SR-22 endorsement to your policy. If you do not maintain your insurance, your insurance company must notify the DMV in advance. It will also raise your rates based on your conviction.


2. Not hiring a DUI lawyer. DUI law is complex and you need competent representation. You must raise the right defenses at the right time or you will lose them. Facts will disappear, memories fade and witnesses vanish. A winnable case can quickly become a loser. What should you do? You need legal advice and fast. You want an attorney who knows how to handle your case, so get one and get one now!


3. Hiring a DUI lawyer based on the amount of the fee alone. The State has almost unlimited resources when it comes to your case. You need to hire an attorney and pay a fee which will allow him to put time and effort into your case to counter the prosecution. Attorneys must earn enough in the time they spend on your case in order to keep their doors open and make a living wage. If you go too low, your attorney will not be able to put in the time necessary to protect you. Look for a reasonable, predictable fee, not the lowest.


4. Not obtaining a temporary license and requesting a hearing at the DMV within 10 days, if your license was taken when you failed or refused to take an alcohol test. If you do not request a hearing, you will not be able to drive until after a hearing or for 90 days to a year. Driving during this time is a serious traffic offense, regardless of whether you need to drive for work or personal reasons.


5. Not requesting that the officer be present at your motor vehicle hearing. If the officer audio or videotaped his contact with you, you will have to subpoena him to bring that evidence, otherwise he will not bring it. Further, if there is more than one officer present during your contact with the arresting officer, that officer will need to be subpoenaed as well. The DMV subpoenas only the arresting officer and/or the officer who took your breath sample. Many things can be learned at this hearing by your attorney if the officer is present. If the officer fails to appear or justify what was done, you get your license back.


Nevada Lawyer Tips Part 2...

The State Bar does not certify any lawyer as a specialist or expert. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

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