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    Can you get a DUI in Nevada even if you’re below the limit?

    Posted on | Category: Useful information

    You can get convicted of DUI in Nevada even if your blood alcohol concentration (BAC) is lawful, which is below 0.08%. Prosecutors would instead have to prove beyond a reasonable doubt that you were impaired by alcohol or drugs while operating a motor vehicle. In my experience, however, prosecutors are unlikely to press drunk driving …

    When are drug crimes in Nevada prosecuted by federal authorities?

    Posted on | Category: Useful information

    Most drug cases in Nevada are handled in state court. However, federal courts have jurisdiction over drug cases that occur on federal land or involve interstate commerce. The federal court system is more formal and often harsher than the Nevada system. It is possible to be prosecuted in both state and federal court for the …

    Tolling of Statute of Limitations for Minors in Nevada

    Posted on | Category: Useful information

    Nevada’s two-year statute of limitations to sue for personal injury generally tolls for victims under 18. Therefore, minor victims typically have until their 20th birthday to sue the at-fault parties (18 plus 2 years). There are exceptions. In medical malpractice cases, the statute of limitations to sue healthcare providers can be as short as one …

    Resentencing – Can I get my sentence modified in Nevada?

    Posted on | Category: Laws

    Getting your Nevada criminal sentence shortened is always an uphill battle, but it is possible. The four methods I use to try to persuade a judge to grant a resentencing are: A motion to modify the sentence; An appeal of the sentence; A commutation; and/or A petition for writ of habeas corpus 1. A Motion …

    “Mutual Combat” Law in Nevada – 3 Key Things to Know

    Posted on | Category: Useful information

    Consensual fights in Nevada are not crimes if they occur within the scope of a lawful activity. Common examples include: Martial arts or boxing training in regulated environments such as gyms or dojos; Military training, such as at Nellis AFB; or Licensed UFC or WWE wrestling matches. Otherwise, mutual combat usually gives rise to criminal …

    Nevada Red Flag Laws – What you need to know

    Posted on | Category: Gun Laws

    5 Reasons Your Guns Can Be Taken Away in Nevada — Red Flag LawsWatch this video on YouTube If a person in Nevada appears at high risk of self-harm or harming others, the state’s red flag law allows police or certain family members to ask the court for a protection order preventing the high-risk person …

    Do you lose your license immediately after a DUI in Nevada?

    Posted on | Category: Useful information

    Getting pulled over for a DUI in Nevada is a frightening experience. One of the first things you wonder is, “Will they take my license away right here and now?” The answer, like most matters involving the law, is not a simple yes or no. In this article I walk you through what really happens. …

    Nevada Corporal Punishment Law – Is spanking allowed?

    Posted on | Category: Child Abuse

    "Is it legal to spank a child in Nevada?" — Nevada Corporal Punishment Laws ExplainedWatch this video on YouTube Under Nevada law, parents are allowed to use reasonable corporal punishment  (such as spanking) on their children. But the law draws the line at injury. If the child suffers physical or mental injury, then the parent …

    Vandalism by Minors in Nevada

    Posted on | Category: Useful information

    Minors (children under 18 years old) who get arrested for vandalism in Nevada are not charged criminally like adults. Instead, their cases are handled in the local Juvenile Court. In Juvenile Court, minors do not get “convicted” of crimes. Instead, the court can find them “delinquent” or “in need of supervision.” Juvenile court prioritizes rehabilitation …

    “Loitering” in Las Vegas – 3 Situations Where It’s a Crime

    Posted on | Category: Useful information

    You can be charged with loitering in Nevada by: hanging out in locations where children gather, remaining in a casino area or being at a bar while under 21, or being in or near public restrooms in order to solicit sex or break the law. Loitering is a misdemeanor in Nevada, typically punishable by: up …

    How To File a Car Insurance Claim After an Accident in Nevada

    Posted on | Category: Car Accidents

    Two sedans after a crash by the side of a road, with desert mountains in the background

    After a car accident in Nevada, you may have to file a claim with your auto insurance company (or the at-fault driver’s insurer) in order to get paid for your losses. Here are five steps to take to make sure you recover what you need: Hire a personal injury lawyer to file the claim for …

    Nevada Mandated Reporting Law – 3 Key Things to Know

    Posted on | Category: Useful information

    What is Nevada's Mandated Reporting Law? Key Things to KnowWatch this video on YouTube Nevada’s mandatory reporter laws require certain professionals to contact police when they learn of: child abuse or neglect; elder abuse, which is abuse, neglect, exploitation, isolation, or abandonment of people 60 years old or older; vulnerable person abuse, which is abuse, …

    What is a “casino marker”? A defense lawyer explains

    Posted on | Category: Casino Marker Laws

    What is a “casino marker”?Watch this video on YouTube Casino markers in Nevada are short-term, interest-free lines of credit that casinos extend to patrons for the purpose of gambling on the premises. Failing to repay casino markers is usually a category D felony, carrying: 1 to 4 years in prison plus Fines and restitution. The …

    Nevada Gun Laws as to Automatic Weapons

    Posted on | Category: Gun Laws

    Diagonal automatic weapon against a white background

    Nevada gun law does not prohibit possessing machine guns (automatic weapons). However, federal law prohibits the possession of machine guns unless they were lawfully possessed and registered prior to May 19, 1986. In order to lawfully transfer a legally-owed machine gun in Nevada, you must obtain a permit from ATF (the Bureau of Alcohol, Tobacco, …

    Does Las Vegas have a vagrancy law?

    Posted on | Category: Useful information

    Homeless man violating the new Las Vegas encampment ordinance.

    The City of Las Vegas has a new vagrancy law under 10.86.010 called the encampment ordinance. This new law makes it a misdemeanor for people to sleep or otherwise camp out in certain areas if there is space available at shelters. Penalties under this new ordinance include up to 6 months in jail and/or up …

    Can I “open carry” a knife in Nevada? A lawyer explains

    Posted on | Category: Useful information

    Can I “open carry” a knife in Nevada?Watch this video on YouTube Yes. People are generally allowed to open-carry knives in Nevada. However, you may not carry dirks, daggers, or switchblades (openly or concealed) at public universities, schools, or childcare facilities. In fact, carrying a dirk, dagger, or switchblade at a school or childcare facility …

    Nevada Driving Record: How do I get it? What does it show?

    Posted on | Category: Useful information

    Nevada Driving Record: How do I get it? What does it show?Watch this video on YouTube You can order a copy of your three-year or 10-year Nevada driving record from the Nevada Department of Motor Vehicles for a $7 fee. Automobile insurance companies typically look back three to five years when calculating insurance rates. You …

    When is “reckless driving” a felony in Nevada?

    Posted on | Category: Useful information

    Overturned sedan following a crash on a rural highway

    Under NRS 484B.653, reckless driving is typically a misdemeanor carrying up to six months in jail. However, if you caused someone to die or sustain substantial bodily harm, then reckless driving is prosecuted as a category B felony carrying: 1 to 6 years in prison and a fine of $2,000 to $5,000. However, the maximum …

    Is it illegal to smoke weed in public in Las Vegas?

    Posted on | Category: Useful information

    Long-haired woman taking a drag of a joint outdoors against a background of trees

    In Las Vegas, it is a misdemeanor carrying a $600 fine to smoke or consume marijuana in public.1 Smoking weed in public remains a crime even though it is now legal for adults 21 and older to possess up to 2.5 ounces of marijuana in a private residence for recreational use.2 If you are cited …

    Is there a petition for factual innocence in Nevada?

    Posted on | Category: Useful information

    Jubilant man in a business suit pumping his fist in victory and holding a legal document after learning that the court has granted his petition for factual innocence

    Yes. If you have been wrongfully convicted of a felony in Nevada, there may be hope for clearing your name through a petition for factual innocence. This powerful tool, established just in 2019, provides a pathway to prove your innocence and vacate your conviction based on newly discovered evidence. In this article I tell you …

    Does UM/UIM cover you if hit by a hit-and-run driver in Nevada?

    Posted on | Category: Useful information

    Car's side mirror showing the reflection a damaged bicycle lying on the road that the car just hit

    Yes. Uninsured / under-insured motorist (UM/UIM) insurance covers you up to your policy limit if you are hit by a hit-and-run driver in Nevada. This is because hit-and-run drivers are treated as uninsured motorists, which therefore triggers your UM/UIM coverage. UM/UIM coverage is optional in Nevada, but I advise you to carry it in the …

    Oral Copulation with a Minor – The Law in Nevada

    Posted on | Category: Useful information

    Sad looking teenaged girl balled up on a therapist's chair

    It is unlawful in Nevada to have penetrative sex such as oral sex (“oral copulation”) with a minor under 16. It does not matter if the minor initiated or wanted the sex because 16-year-olds are too young to consent to sex in the eyes of the law. However, lawmakers recognize that young adults “hook up” …

    Nevada Work Injury Laws – 4 That You Should Know

    Posted on | Category: Workers Compensation

    Hand holding pen filling out workers' comp form

    If you are an employee who sustained a work injury in the state of Nevada, you usually cannot sue your employer for damages. Instead, your “exclusive remedy” is to file a workers’ compensation claim with your employer’s insurance carrier. Here are four things to know about Nevada workers’ compensation laws. Workers’ comp benefits include medical …

    Nevada’s “Statute of Limitations” for “Medical Malpractice”

    Posted on | Category: Medical Malpractice

    For injuries that occur on or after October 1, 2023, the statute of limitations to bring a medical malpractice claim in Nevada is two (2) years from the time you discovered (or should have discovered) your injury or three (3) years from the date the medical provider caused your injury – whichever is sooner. For …

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