In this section, our attorneys explain Nevada’s criminal laws and legal concepts, A to Z
Criminal Law A to Z
In this section, our attorneys explain Nevada’s criminal laws and legal concepts, A to Z
Crimes by NRS Section
Every crime in Nevada is based in a section of the Nevada Revised Statutes (NRS). For each crime, our attorneys explain the laws, penalties and best defenses to fight the charge.
Nevada DUI
Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Nevada DUI Laws to learn more.
Post-Conviction
Even if you’ve already been convicted of a crime, there is still much you can do to seal your record and restore your rights. Our attorneys explain how.
Please note: Our firm only handles criminal and DUI cases, and only in California. We do not handle any of the following cases:
And we do not handle any cases outside of California.
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In Nevada, physicians and advanced practice registered nurses (APRNs) are required to notify the DMV if your epilepsy severely impairs your ability to safely drive a car or motorcycle. This notification must occur within 15 days of them determining that you should not be driving.1
Once a physician or an APRN in Nevada makes the determination – in their professional judgment – that you cannot drive due to your epilepsy, they must inform you of the dangers of driving in your condition.
In addition, the physician or APRN must then sign a written statement verifying that they informed you of the dangers. They should then give a copy of this statement (considered a healthcare record) to you.
It is this written statement that the physician or APRN must then provide to the Nevada Department of Motor Vehicles within 15 days of determining that your epilepsy should prevent you from driving. The DMV will then use this otherwise confidential statement to strip you of your driving privileges.2
Doctors and APRNs may use this official DMV “DLD-7” form as their written statement.
In Nevada, doctors and APRNs are required to notify the DMV about your epilepsy only if they determine that you should not be driving. If you are managing well and can drive safely, then the doctor or APRN does not need to tell the DMV about you.3
When doctors or APRNs notify the Nevada DMV about you being a road safety risk, you cannot sue them unless they acted with:
Note that doctors and APRNs are also immune from liability for not notifying the DMV about you unless you are too impaired by epilepsy to drive safely.4
If you have epilepsy or insulin dependent diabetes, you may still be able to drive depending on your particular case. The DMV uses designated colors to differentiate the driver’s licenses of epileptics and diabetics from the general driving population.5
If you were falsely accused of drunk driving or drugged driving in Nevada because the police mistook your seizure as intoxication, I would use your medical records to show the D.A. that the police made a mistake. Once prosecutors see this evidence, hopefully they will drop the charge completely.
The Department of Safety is supposed to educate police officers on how to distinguish between people suffering from seizures and people under the influence of alcohol or drugs. In my experience however, epileptics and diabetics continue to be accused of DUI by officers who fail to tell the difference.6
It is a misdemeanor crime to drive in Nevada if a physician or APRN informed you that your epilepsy would severely impair your ability to safely operate a motor vehicle. Misdemeanors carry up to:
If your physician or APRN finds out that you are continuing to drive anyway, they can submit a written report to the DMV. They are immune from liability whether they submit a report or decide not to submit one.7
For more in-depth information, refer to these scholarly articles:
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.