Tag Archives: DUI Checkpoints

When St. Patrick’s Day and March Madness Collide…Law Enforcement is on High Alert for DUI

Driver's License SuspensionMarch Madness, the NCAA college basketball tournament, starts this week. March Madness is the college equivalent to the NFL Super Bowl. Fans from all over the flock to the tournament, which is hosted in Houston, Texas, this year. Those fans, who are unable to attend the tournament in person, attend watch parties and other special events.

In Las Vegas several casinos and party venues, including Treasure Island, The Hard Rock Hotel, and the Cosmopolitan of Las Vegas will be hosting special March Madness events and offering luxury events with premium seating, open bar, and other festivities.

As a lone event, March Madness will bring out a large numbers of patrons looking to have a good time, but March Madness occurs the same week as St. Patrick’s Day.

St. Patrick’s Day is a holiday commemorating Christianity’s arrival in Ireland and widely celebrates Irish culture. Commonly, people celebrate the holiday by wearing green, yellow, and white and partaking in traditional Irish foods and beer.

Party venues throughout Las Vegas and surrounding areas will have drink specials to attract the March Madness and St. Patrick’s Day crowds. In light of the celebratory spirit, Las Vegas law enforcement will be on high alert for drunk and impaired drivers.

According to a press release from the Las Vegas Metropolitan Police Department there will be a “Sobriety Saturation” event on St. Patrick’s Day on Thursday, March 17, 2016 from 7:00pm to 3:00am. During Sobriety Saturation events law enforcement focuses considerable effort on identifying drug and alcohol impaired drivers before they are involved in a collision.

With the increased effort by Las Vegas law enforcement, it is important to be aware of the following:

Las Vegas Law Enforcement can Force a Blood Draw with a Warrant

Assembly Bill 67 went into effect late last year.  Assembly Bill 67 requires law enforcement apply for a warrant or other court order directing for the use of reasonable force to obtain a blood sample.

This means if a driver is stopped under the suspicion of drunk or impaired driving, the driver cannot simply refuse to submit to a blood test. The law enforcement officer now has the power to apply for a warrant or court order authorizing the use of reasonable force to obtain a blood sample.

If the driver refuses the blood draw, requires the officer to obtain a warrant, and is later found to have a blood alcohol concentration of 0.08 or above, the driver will not only be charged with DUI but also have his or her driver’s license revoked for  fifteen months.

Assembly Bill 67 makes it pointless to refuse a blood sample. Once a driver refuses, the officer can request a warrant or court order from a judge. With such high profile events in the Las Vegas area, judges will likely be on call around the clock to sign a warrant.

Drunk or Impaired Driving in Nevada is Dangerous 

According to the Center for Disease Control (CDC) 1,0125 people were killed in alcohol related automobile accidents. According to the CDC, the percentage of alcohol related fatalities is slightly lower than the national average, due to law enforcement’s aggressive efforts, including regular sobriety saturation events.

Predicting BAC is Impossible

For legal purposes, intoxication is determined by a driver’s BAC or Blood Alcohol Concentration. In Nevada, a driver age 21 or older can be charged with DUI if he or she has a BAC of 0.08 or higher.

A BAC of 0.08 indicates the driver has 0.8 parts alcohol in his or her blood per 1,000 parts of blood. An individual’s BAC is a result of several factors including the individual’s weight, fat content, metabolism, amount of alcohol consumed, frequency of alcohol consumed, food consumed, amount of time since the last alcohol beverage was consumed, and other factors.

It is impossible to precisely predict whether a beverage will make a person’s BAC reach or exceed 0.08.Many drivers will say they feel fine or do not feel intoxicated with a BAC of 0.08 or higher. It is important to air on the side of caution and not drive after consuming alcohol.

Nevada Imposes Severe Penalties for Drunk Driving

Even for a first-offense DUI, the state of Nevada imposes serious criminal penalties. A conviction for a first offense DUI is punishable by jail time between 48 hours to a maximum of 6 months, or, at least 96 hours of community service.

The court may also impose a fine between $340 and $1,175.00, a mandatory alcohol education course, license suspension,  and the installation of a breath interlock device. The breath interlock device tests BAC before the vehicle can start.

Penalties for second and subsequent DUI are more severe and result in longer jail time and steeper fines.

A conviction for DUI can seriously disrupt aspect of a driver’s professional and personal life. It is better to be safe than sorry this holiday. Designate a sober driving, hire a ride-sharing service like Uber or Lyft, and refrain from driving. The consequences for a DUI conviction are not worth it.

Conclusion

Joel Mann is an experienced DUI defense attorney located in Las Vegas, Nevada. He has nearly a decade of experienced defending individuals faced with all types of DUI charges, including First DUI, Repeat DUI, DUI and Marijuana, Out of State DUI, and Per Se DUI.

If you are arrested and face DUI charges during the March Madness and St. Patrick’s Day festivities, contact an experienced DUI defense attorney immediately. Joel Mann offers free consultations and will begin building your defense right away. Contact The Law Office of Joel Mann at (702) 474-6266 to schedule a free consultation.

Las Vegas Arrests on New Year’s Eve 2015-16

iStock_000003177126SmallIf you are coming to Las Vegas to celebrate on New Year Eve you need to be aware of the dangers in your revelry.  The amount of tourist traveling to nightclubs and gentlemen’s club will substantially increase as many people come to Las Vegas to ring in the New Year. Many club-hoppers, who overindulge in drugs and alcohol, make bad decisions. The loud music, dancing, and crowds often influence people take chances they wouldn’t normally take.  Make sure you do not put yourself another statistic.

Law enforcement officers with the Las Vegas Metropolitan Police Department (“LVMPD”) use this opportunity to crack down on drug crimes and rack up arrests for a variety of related offenses, including DUI.

If you going to a nightclub in Las Vegas on the evening of December 31, 2015, or the early morning hours of January 1, 2016, you should expect local law enforcement officers to be out in full force.

In some cases, overly aggressive bouncers and security officers work with law enforcement to help them arrest a patron of the club. An arrest for using or selling any controlled substance comes with serious consequences under Nevada law.

It is important for you to recognize that the Las Vegas nightclubs have staff watching at every location, especially the bathrooms.  Joel Mann has had many drug cases originate from club staff waiting in the bathroom for any signs of drug use.  Once they suspect you of using drugs they will take you into custody and bring you down to the casino’s holding room, awaiting for Las Vegas Metropolitan Police Department to arrive.

The most commonly used drugs in Las Vegas nightclubs include: marijuana, cocaine, methamphetamine, ecstasy, GHB and heroin.

Defenses to drug crimes after an arrest in a Las Vegas nightclub can include:

  1. The law enforcement officer conducted an illegal search in violation of the Fourth Amendment of the United States Constitution that should lead to the suppression of the evidence at trial;
  2. The law enforcement officer or someone acting in cooperation with the officer manufactured the crime and entrapped the defendant into using or selling drugs when the defendant was not otherwise predisposed to commit the crime; or
  3. The defendant did not actually or consecutively possess the drug because he didn’t know of its presence.

Knowledge often becomes in issue in drug cases in area nightclubs because another person could secretly plant the drugs on the defendant in order to avoid detection.

The penalties and punishments for drug possession in Las Vegas, Nevada, depend on a host of factors including the type of narcotics possessed, the quantity of the narcotics, and the surrounding circumstances.

Under Nevada law, a criminal charge of selling drugs is classified as either a Category C felony or a Category B felony depending on the type of drugs sold. The maximum sentence for these offenses includes a lengthy prison sentence and stiff fines.

For possession with intent to sale, the offense is classified as a Category D felony.

Simple possession of a controlled substance is a Category E felony in Nevada that carries with it one to four years in prison. For first time offenders charged with a possession charge, it is usually possible to avoid any incarceration by completing counseling and probation.

Drug crimes involving marijuana involve an entirely different set of penalties.

The top nightclubs in Las Vegas, Nevada, include:

  • Bellagio:
    • The Bank
    • Hyde
  • The Cromwell:
    • Drai’s
  • Delano:
    • FDR
  • Hard Rock Hotel:
    • Vanity
    • Body English
  • Luxor:
    • Savile Row
    • LAX
  • Mandalay Bay:
    • Foundation Room
    • LIGHT
  • Mirage:
    • 1OAK
  • Palms:
    • Rain
    • Moon
    • Ghostbar
  • Paris:
    • Chateau
  • Planet Hollywood:
    • Extra Lounge
  • SLS:
    • LiFE
  • The Sayers Club
    • Foxtail
  • Wynn:
    • XS
    • Tryst
    • Surrender
  • Venetian:
    • Tao

Additional Resources

Statistics on New Year’s Eve Arrests in Las Vegas – Each year the Las Vegas Metropolitan Police Department (LVMPD) releases final statistics on the number of arrests made on New Year’s Eve. The 2014-2015 New Year’s Eve celebration stood out as one of the most orderly within recent history with 19 people being booked into the Clark County Detention Center on various felony and misdemeanor offenses. Two other people received Class II citations from within the Strip corridor. The Downtown Area Command, which covers the Fremont Street Experience, reported 3 arrests. Only 9 DUI arrests occurred within the Metro’s jurisdiction. By comparison, for the New Year’s Eve celebration four years earlier, 159 people were arrested including 68 arrests for DUI by the police department and another 48 arrests for DUI by the Nevada Highway Patrol.

Conclusion

Joel Mann is an experienced criminal defense attorney in Las Vegas, Nevada. He has extensive experience defending clients charged with drug and alcohol related offenses. He is experienced with the tactics used by officers with the Las Vegas Metropolitan Police Department in drug cases in area nightclubs during New Year’s Eve celebrations.

Joel Mann also knows the importance of obtaining the surveillance video of the incident when it is likely to be helpful to the case. In many cases the surveillance video might help establish important defenses to the charges.

For your New Year’s Celebration, keep in mind that area police will be out in full force. If an arrest occurs, contact Joel Mann to discuss your case and important defense to protect your good name after a criminal charge is made against you. For charges related to drug crimes or DUI, Joel Mann has the experience to help you fight for the best result in your case.

Don’t End Your Summer with DUI Arrest: Las Vegas Police to Use Checkpoints, Saturation Patrols This Weekend

SobrietyCheck

Whereas Memorial Day is the first major holiday weekend of the year in the United States that is frequently considered the start of summer, Labor Day is generally viewed as the last holiday weekend of the season when the days are their longest. As a result, many people throughout the greater Las Vegas area will be looking forward to one last outdoor barbecue or one more late night out that probably involves more than one alcoholic beverage.

The inclination to relax and have additional drinks increases the likelihood of motorists driving under the influence (DUI). As a result, the Las Vegas Metropolitan Police Department (LVMPD) has already stated that it is planning sobriety checkpoints and saturation patrols throughout the Valley for two days of the holiday weekend.

While the number of total DUI arrests by the LVMPD has seen a steady decline since 2012, do not think that this means police officers are not still actively looking for drunk drivers. This past February, Lt. Todd Raybuck of the LVMPD told KNPR-FM that a large majority of DUI arrests are southern Nevada citizens, with officers frequently catching people driving drunk between the Vegas Strip and valley neighborhoods.

It is in your best interest to plan ahead before any activities that will involve alcohol consumption this weekend. Try to arrange a ride or cab if you will be drinking, but it can be even better if you are able to completely stay off the road. Even if you are not planning on drinking, you will still share the road with others who probably have.

The combined efforts of checkpoints and saturations patrols will increase police presence to help stop more alleged drunk drivers. DUI checkpoints are referred to in the Nevada Revised Statutes (NRS) as “administrative roadblocks.” Under NRS 484B.570, such roadblocks must satisfy the following requirements:

  • The roadblock must be established at a point on the highway clearly visible to approaching traffic at a distance of not less than 100 yards in either direction;
  • A sign must be placed near the centerline of the highway at the entrance to the roadblock displaying the word “Stop” in letters of sufficient size and luminosity to be readable at a distance of not less than 50 yards in the direction affected by the administrative roadblock, either in daytime or darkness;
  • At least one red flashing or intermittent light, on and burning, must be placed at the side of the highway at the entrance to the roadblock, clearly visible to the oncoming traffic at a distance of not less than 100 yards; and
  • Warning signs must be placed at the side of the highway, containing any wording of sufficient size and luminosity to warn the oncoming traffic that a “police stop” lies ahead, and a burning beam light, flare or lantern must be placed near the signs to attract the attention of the traffic to the signs (the signs must be placed at a distance of not less than one-quarter of a mile from the entrance to the roadblock if it is in a rural area or 700 feet from the entrance to the roadblock if it is in an urban area).

Saturation patrols, on the other hand, involve large numbers of officers being deployed to specific roadways. Between the obvious checkpoints and the visible increased police presence of saturation patrols, the hope is that many people are discouraged from even getting behind the wheel after consuming alcohol.

If you are planning on drinking this Labor Day weekend, the one surefire way that you can absolutely guarantee you will not be arrested for DUI is to simply not drive drunk. Should you have anything to drink, either stay where you are or arrange to have somebody pick you up.

In the event you have been arrested because you misjudged the amount of alcohol you consumed or you believe the breath test used by police officers produced a false positive, you should immediately contact an experienced Las Vegas DUI attorney. An arrest for drunk driving is not the same as a conviction, and a lawyer can fully investigate your case to determine whether a checkpoint was illegally set up or some other law enforcement error could result in your charges being dismissed.

Las Vegas Law Enforcement to Focus on DUI Until After Super Bowl Weekend

024-0904131528-suspicionlessCheckpointUntil February 2, the Monday after Super Bowl weekend, drivers in the Las Vegas area can expect to see increased checkpoints checking for drunk drivers.  The ramp-up is part of a coordinated effort, and will be the first of six planned increases in patrols over a set period of time in 2015.

The Super Bowl campaign is part of a new “Nevada Joining Forces” program administered by the Nevada Office of Traffic Safety. OTS received a federal grant, which it is passing down to state and local law enforcement agencies for traffic safety campaigns. The Nevada Highway Patrol received one of these grants, and is using the funds for both a public service announcement campaign and to pay for the increase checkpoints

It is actually the third Joining Forces DUI campaign since Thanksgiving of 2014. Future campaigns will focus around holidays. Nevada Highway Patrol Loy Hixson told the Las Vegas Review-Journal that officers typically make about 60 to 70 DUI and DUI-related arrests on Super Bowl weekend.  He said it had traditionally been one of the less busy holiday seasons.

DUI checkpoints may seem daunting, but there are actually a number of regulations under Nevada Revised Statutes 484B.570 that law enforcement must follow in setting them up. There must be a “Police Stop” warning sign at least a quarter of a mile from the checkpoint. At least flashing light at the roadblock must be visible from at least 100 yards away, and the roadblock itself must be visible from at least 100 yards. A stop sign must be visible from 50 yards. If an arrest results from a checkpoint where police failed to follow any of these rules, the arrest may be suppressed, which could lead to charges being dismissed.

The law allows police to briefly stop drivers at the checkpoint. All other traffic stops require reasonable suspicion, which means an articulable set of facts that would cause an objective person to believe criminal activity is afoot. If a driver approaches a roadblock and then turns around and drives the other way, that fact alone does not warrant reasonable suspicion to make a stop. Such a traffic stop may be suppressed after a motion from your attorney.

Even if a driver is arrested at a checkpoint, there are a number of possible defenses. For one, you may still refuse a standardized field sobriety test, breath test, urine test or blood test at a DUI checkpoint. Second, whether the officer was required to get a warrant as the current Nevada’s implied consent law grants a person the right to refuse all testing unless the officer obtained a warrant. Third, whether the SFST may have been improperly administered. Finally, was he equipment in a chemical test properly cleaned or calibrated.

Drivers in Las Vegas should be wary of checkpoints until February 2. If arrested, though, it does not mean a conviction, especially with the assistance of a dedicated Las Vegas DUI lawyer.

Cinco de Mayo DUI Checkpoints in Las Vegas

DUI

While not as widely celebrated as other holidays, Cinco de Mayo still brings celebration to the streets of Las Vegas. In an effort to deter partygoers from driving under the influence and in response to high rates of DUI collisions in the area, the Las Vegas Metropolitan Police Department is setting up a checkpoint on May 5th at:

Charleston Boulevard and Arlington Street

The importance of understanding your rights during a DUI checkpoint stop cannot be stressed enough. Simply being pulled over on suspicion of drunk driving does not mean that you will be convicted. There are many factors that your Las Vegas DUI lawyer can use to pursue case dismissal or favorable motions. For more information about Las Vegas Cinco De Mayo check point arrests, please call (702) 474-6266.

Know Your Rights Before the Las Vegas DUI Checkpoints Halloween Weekend

Sobriety Checkpoint

Las Vegas is a popular destination during the holidays by tourists and Nevada residents alike. DUI checkpoints during these periods are increasingly common, no matter how hotly their constitutionality and effectiveness are debated. Also called sobriety roadblocks, this police operation is intended to find and arrest drug or alcohol impaired drivers. This year, two checkpoints will be created by the Las Vegas Metropolitan Police Department.

According to KTNV, the first checkpoint will be conducted on October 28th during 7pm and 5am near Valley View and Desert Inn. The second will be on October 29th between 7pm and 3am in the Desert Inn and Paradise area. These areas have reported particularly high levels of drunk driving incidents during the past six months. Please keep in mind that there will be a heavy patrol of police officers throughout Las Vegas, not just near these checkpoints. Law enforcement officials from Boulder City, Las Vegas, Henderson, and the Nevada Highway Patrol will also be saturating the roads.

Are these roadblocks legal? That is the current billion-dollar question. In 1990, the United States Supreme Court ruled that these check points did not violate the 4th amendment’s protection against unreasonable search and seizure. However, these checkpoints must be performed under strict guidelines in order to ensure minimal invasiveness.

Under NRS 484B.570, the requirements for an administrative roadblock (including sobriety checkpoints) are established. This statute states that:

  • The roadblock must be created on a highway location that is visible at least 100 yards in both directions
  • A “stop” sign must be placed at the roadblock that is visible at least 50 yards in both directions
  • At least one flashing light must be placed at the roadblock, visible at least 100 yards to oncoming traffic
  • “Police Stop” warning signs must be placed at least a quarter of a mile from the roadblock at the side of the road
  • A flare, light, or lantern must also be placed by the “police stop” warning to attract attention to the sign

Your Las Vegas DUI attorney can use any lack of adherence to this Nevada statute by the police to your advantage. It’s also important to remember that you do have constitutional rights, whether you are stopped at a checkpoint or pulled over elsewhere by a police officer. The police are currently allowed to stop you briefly as part of the checkpoint process, but they do not have the right to search your vehicle without probable cause or your consent. In this situation, probable cause may include one or more of the following:

  • Visible presence of alcohol/ drugs
  • Odor of alcohol/drugs
  • Gaze nystagmus (involuntary eye movements)
  • Blood-shot eyes
  • Slurred speaking
  • Clumsy physical movements
  • Verbal admission of drug/alcohol use
  • Inconsistency in answers

You do have the right to remain silent after providing identification information and registration. This can help you avoid giving the officer additional ammunition to use against you should the stop lead to arrest. You are not required to submit to any field sobriety test, however you can be required to submit to a blood or breath test under Nevada’s implied consent law. In cases where drug use is suspected, a urine sample may be asked for.

Can you refuse to take a blood or breathalyzer test? Yes, but under the state’s implied consent law, Nevada law enforcement still maintains the discretion to forcibly take a blood sample after obtaining a warrant. With the preparation and foresight that goes into a holiday weekend checkpoint, a paramedic, nurse, or other qualified individuals will be on hand to withdraw the blood sample.

If you do submit to the DUI testing, your criminal defense attorney can still help you pursue a favorable outcome. DUI testing is not infallible. There are a variety of ways in which the results could be excluded from evidence or explained by your attorney. This includes a wide range of items such as medical conditions, interference of radio frequencies, lack of maintenance in testing equipment, improper use of testing equipment, use of mouthwash or medicine containing alcohol, and others. Additionally, lack of probable cause and improper roadblock procedure may also be used in your defense.

Whether you are driving in Las Vegas, Henderson, North Las Vegas, or the surrounding communities this coming Halloween weekend, remember to drive safely. No amount of entertainment is worth the risk of injury to yourself or others. The police will also be out en masse. In the unfortunate event that you do find yourself in the stressful experience of a sobriety checkpoint, remember: you do have rights.

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