Tag Archives: Reckless Driving

Hit and Run Crashes on the Rise in Las Vegas

Dangerous city traffic situation

Hit and Run Crashes on the Rise in Las Vegas

Studies show that automobile accidents, specifically those involving fleeing the scene or hit and runs, have been on a steady increase on a national scale for the past few years now. To no surprise, hit and run incidents occurred most often in larger suburban cities. And more often than not, the fleeing suspect did so to evade stiff DUI/DWI charges.

In an effort to boost traffic safety and lower fatalities for motorist and pedestrians, the Nevada legislature was one of the first to propose bills that would make offenders think twice before fleeing the scene of an accident.

In March of 2015 the Nevada State Legislature introduced a bill that called for stiffer penalties on drivers who have left the scene of an automobile accident that resulted in serious bodily injury, property damage and/or death. The bill was passed and went into effect on October 1, 2015 as  NRS 484E.010.

NRS 484E.010 states that if you have been involved in an automobile accident that has resulted in bodily injury, property damage or death:

  • All parties should immediately stop his/her vehicle(s) at the scene of the crash, or as close as safely possible, and remain at the scene of the accident until all measures outlined in NRS 484.030 – Duty to Give Information and Render Aid – have been fulfilled
  • All stops must be made without further hindering traffic

Under this new law, a driver found fleeing the scene of an accident that has caused bodily injury, property damage and/or death will be penalized with a category B felony. Punishments mirror those placed on convicted DUI/DWI offenders and include:

  • a fine of no less than $2,000 and no more than $5,000; and a
  • mandatory sentence of two years served in state prison (maximum term set at 15 years)

Prior to the passing of this law, penalties in Nevada for fleeing the scene of an automobile accident resulting in property damage could be as miniscule as a misdemeanor carrying a maximum of six months in jail time.

Las Vegas “Hit and Run”  Cases Shock the Nation

Legislators have a valid purpose for proposing that “hit and run” laws have harsher penalties. Being only two months in to 2016, Las Vegas law enforcement has already responded to several fatal hit and run accidents.

On February 7th, 2016 North Las Vegas Police responded to a fatal hit and run. Witnesses of the event described the suspect as a middle aged man driving a white panel van who had struck an individual attempting to cross the street prior to fleeing the scene. The victim, two year old Evelyn Green, was rushed to North Vista hospital where she later died of her injuries. A suspect has not been identified.

The month prior to the death of Baby Evelyn, Lakeisha Holloway became one of the first individuals to be tried under NRS 484E.010 for a crime she committed in December 2015. Holloway was facing over 70 charges, including fleeing the scene of an accident, for repeatedly driving her 1996 Oldsmobile into the busy Las Vegas strip sidewalk at 30-40 miles per hour with her three year old child present in the vehicle. Holloway’s actions claimed the life of one pedestrian and severely injured nearly 40 others. Rather than stopping, Holloway fled approximately one mile from the scene before pulling over and calling 911. Toxicology reports later revealed that marijuana was found present in Holloway’s blood.

Since her arrest, Holloway has been held without bail at a Las Vegas jail. Holloway’s defense team recently announced that she planned to plead not guilty. She is scheduled to appear in court on February 18th, and if convicted Holloway could face over 1,000 years in prison.

With Las Vegas, Nevada – specifically the strip – being the most toured destination in the U.S. bringing in a record breaking 42 million visitors in 2015 alone, the news of these heinous crimes quickly spread and sparked nationwide outrage against hit and run cases.

Hit and Run Statistics

Statistics from the Nevada Department of Public Safety and Highway Patrol (NHP) released earlier this year shed insight on the rise of Hit and Run accidents within Las Vegas, Nevada. According to the Nevada Department of Public Safety and Transportation, overall traffic accidents resulting in deaths in 2015 increased by nearly 10 percent from the previous year for a total of 321 fatalities. To no surprise, this increase nearly doubled for Clark County at a soaring 18.9 percent (207 fatalities). Of the thousands of hit and run cases reported there were over 700 reported fatal hit and run instances in 2015 (including auto-pedestrian cases).

Though drunken driving fatalities in the Clark County area dropped by nearly 20 percent, studies found that drugs and alcohol are to blame for an overwhelming amount of automobile incidents involving a fleeing party.

Conclusion

If charged with a hit and run or fleeing the scene following an accident, it is imperative to contact an experienced criminal defense attorney. An individual charged with fleeing the scene may also face related charges, such as DUI or possession of a controlled substance.

Joel Mann is an experience, trial proven criminal defense attorney. He has extensive experience representing individuals facing charges of fleeing the scene and other criminal offenses. Call the Law Office of Joel M. Mann at (702) 474-6266 for a confidential attorney review of your case.

 

Using a Cell Phone or Texting while driving in Nevada

As some of us may be aware the Nevada Legislature passed a law that prohibits and/or limits a person from using a cell phone while driving.  Since everybody these days relies on a cell phone I have been getting a lot of questions about what a person can do while in the car.  The law NRS 484B.165 went into affect in its full force on January 1, 2012.

The law applies to a person operating a motor vehicle on a highway in the State of Nevada.  The term highway means any road, street, freeway, etc. that the public has access to.  It can be argued that this would can also be applied to parking lots.

PROHIBITS

The law prohibits the use of texting, searching the internet, reading email, instant messaging, etc. while operating a vehicle.  So technically even if you are stopped at a light you would be breaking the law if you were reading your emailing.  So there is no reading or typing while operating a vehicle.

PERMITS

The law does allow for a person to use a cellphone while operating a vehicle if they are using an accessory that allows the use of the phone to be handsfree.  Therefore any bluetooth device or earpiece will allow you to follow the law and talk.  But many of the questions I received are regarding the question of, can I touch my phone to answer, to call, etc?  The law specifically states that a person is allowed to use the phone  “to activate, deactivate or initiate a feature or function on the device.”  This can be argued that initiating  a phone call is acceptable.  I also see a lot of people holding the cell phone and using the speaker function while driving.  This would not meet the definition of handsfree and therefore would be illegal.  You can call and put the call on speaker but must then put the phone down.

As with any law there are exceptions to those people who must follow the law:  Law enforcement, Emergency Medical personnel, etc.

FINES

If you get a citation and you just pay it you will be pleading guilty to a misdemeanor in Nevada.  The Statute requires the following fine schedule:

First offense within 7 years is $50, and is not considered a moving violation.

Second offense within 7 years is $100, moving violation

Third offense within 7 years is $250, moving violation

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