Biggest Little DUI Firm

07/07/2016

Did you know that if you carry a valid Medical Ma*****na Card, you may avoid a DMV revocation if you happen to test positive following a blood test.

If you believe you've been arrest for DUI, you need an attorney who concentrates his practice in that field. If you wish to discuss your case, we provide free consultation and you are only charged if you retain our firm.

10/16/2013

E.A. 'Bo' Pollard :: Attorney At Law :: Home

Thank you for checking out our FACEBOOK page. You can find much more detailed information on the process who are facing if you've been charged with a DUI in either Nevada or California if you go to www.BiggestLittleDUIattorney.com.

As you've probably discovered, Driving Under the Influence has become a very serious matter in recent years. In addition to possible jail time, fines and counseling which the court may impose, your automobile insurance rates can be expected to skyrocket if convicted. You may also face the impound of your vehicle or the costly order to install an ignition interlock device (Intoxylock).

It is good to see you have taken the first step in taking this matter seriously.

There are forms available on the website which you can fill out to get your case started immediately. In addition, I will attempt to answer your questions quickly and completely. Sometimes, this can be done over the website - other times, we may need to discuss issues via telephone in order to get you the information and intelligent options tailored to your particular situation.

If you were ARRESTED IN CALIFORNIA, the MOST IMPORTANT IMMEDIATE ISSUE which you face is the 10-DAY DEADLINE within which to request a hearing and automatic stay of the suspension from the Department of Motor Vehicles. IF YOU FAIL to make your request - or have your attorney do so - within that very short time, you will be denied the automatic stay and likely also the DMV Hearing. DMV Hearings are very important as the arresting officer's testimony can be taken under oath and his testimony locked in for use in defending against charges in the criminal matter. If you fail to request the hearing in timely fashion, you give up a very important tool in preparing the defense of the criminal case.

NEVADA has no such deadline. However, in Nevada, if you took a breath test and hold a Nevada Driver License, they likely confiscated your license and provided you with a NOTICE OF REVOCATION which acts as a temporary seven-day license. In California, you would receive a 30-day license. In either case, we can request an automatic stay of the suspension (California) or revocation (Nevada). But remember, in California, you only have 10 days to make the request.

If you had a Nevada Blood Test - regardless of your licensing state - or a Breath Test and hold a non-Nevada Driver License, you will be notified by mail of the dates of your revocation. We can request a stay and temporary license at that point - or even prior to the date the DMV acts.

Please understand that although any information exchanged between you and this law office is confidential and the attorney-client privilege exists. However, this office will not accept responsibility for handling of your case until such time as we have agreed on the terms of a Retainer Agreement, both signed the document and the office is presented with the initial retainer fee in either a Money Order or Cashier’s Check. At that time, we will begin preparing your defense in this matter.

In many courts, we can also file a Waiver of Appearance which - once approved by the Court - will make it possible for you to avoid needlessly appearing at the earlier hearings in your case. Of course, if you wish to be present, you are certainly welcome to attend the proceedings.

Once this office is in receipt of the executed documents and the Retainer Fees, we will request all information contained in the District Attorney’s files as well as any other information held by the arresting agency in relation to your case and history of the blood-or breath-testing device upon which your sample was tested as well as reviewing the evidence related to the sample of blood which was drawn.

We will also contact the Department of Motor Vehicles to arrange a hearing on your behalf and request that an automatic stay of your license revocation go into effect. In Nevada, the DMV process is civil in nature – rather than criminal – and therefore, you are not subject to the same types of protections that are available in the criminal portion of your case. In California, there are many more defenses available in the DMV hearing process.

For example, in a criminal hearing, the State is required to prove all elements of its case beyond a reasonable doubt. The Nevada DMV however uses a much lower standard of proof called “substantial evidence”. What this means is that the Administrative Law Judge needs to only be “more convinced than not” that the State has satisfied each element in order to uphold the revocation of your driving privilege.

In Nevada, there are also only three relevant issues considered at the DMV hearing:

1. Whether you were driving or in actual physical control of a vehicle;

2. Whether the officer had a reasonable basis to believe there existed the presence of alcohol; and,

3. Whether a test showed you to be .08 or higher at the time of the test.

Adding to the unfairness of the entire process is that the Administrative Law Judge is an employee of the DMV and acts as prosecutor, judge and jury. Winning at the DMV in many cases is the most difficult portion of the case – because of the lack of fundamental fairness involved in the process.

Regardless of which state your DUI occurred in, it is very important that if you have already entered the revocation or suspension period – indicated on the form which may have been given to you by officers as a temporary license or through a certified notice from the DMV – you must not drive until this office notifies you that a stay is in effect.

The punishments in Nevada are very harsh for driving on a revoked license and include a minimum of 30 days to six months in jail, a $500 - $1,000 fine and an additional one-year revocation of your driver’s license.

If you had passengers in your car, please ask them to prepare any recollections which they may have of the entire evening’s events, including their recollections of your drinking patterns, any conversations had and what they witnessed of your encounters with the law enforcement officers. They should do this as soon as possible - as should you - because memories will quickly fade and important details which may seem minor to you may be forgotten. This can sometimes mean the difference between a much more favorable result rather than a conviction.

This office offers a FREE INITIAL CONSULTATION and EVENING and WEEKEND APPOINTMENTS ARE AVAILABLE for your convenience. We look forward to discussing your case and providing you with a realistic appraisal of your options for success.

Which road will you choose if you or a loved one have been arrested, charged or are under investigation for driving under the influence in northern Nevada? You should seek legal representation from a professional Nevada DUI defense attorney immediately. With 25 years of legal experience, attorney E....