Las Vegas DUI Attorney Reveals Big Mistakes to Avoid

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( — July 16, 2015) Las Vegas, NV — Mistake No. 1: Not taking the matter seriously. If you are convicted then you need to realize that this is a charge that will follow you for the rest of your life. The Motor Vehicle Division will keep track of it until you are dead.  The additional insurance charges alone could cost you thousands of dollars. If your license is taken away, you have to prepay for an SR-22 (high risk) endorsement to your policy. It will also raise your rates based on your conviction.

Mistake No 2: Not hiring an attorney. The law is complex and you need competent representation. You must raise the right defenses at the right time or you will lose the right to them. Facts will disappear, memories fade and witnesses vanish. A winnable case can quickly become a loser. And if you lose, your very livelihood may disappear.

Mistake No. 3: Hiring an attorney based only on the amount of the fee. The State has almost unlimited resources when it comes to your case. You need to hire an attorney and pay a fee, which will allow him to put time and effort into your case to keep you from a DUI conviction. That doesn’t mean you should pay an extraordinary fee. It’s just that attorneys must earn enough in the time they spend on your case in order to keep their doors open and make a living wage. If you go too low, your attorney will not be able to put in the time necessary to protect you. Look for a reasonable, predictable fee, not the lowest.

Mistake No. 4: Not obtaining a temporary license and requesting a hearing at the Motor Vehicle Department within 7 days of the date, if your license was taken or when you were informed that your blood alcohol level exceeded the legal limit. If you do not request a hearing, you will not be able to drive for 90 days to a year. Driving during this time is a serious traffic offense criminal penalty 30 days in jail, regardless of whether you need to drive for work or personal reasons.

Mistake No. 5: Driving after your license has been revoked. You have no right to drive after revocation and driving then is more serious an offense than your original charge. There are no provisions for you to drive for work or personal reasons. After a period of time, you may qualify for a restricted license. If arrested for driving during this time, you may have to post a HUGE bond just to get out of jail. If convicted, you face a minimum 30 days in jail.

Mistake No. 6: Not Exercising your right to your attorney at the DMV hearing.  You will not hear how the officer will testify. Many things can be learned at this hearing by your attorney, if the officer is present. If the officer fails to appear or justify what was done, you get your license back.

Mistake No 7: Taking the District Attorney’s first offer. The first offer is usually not a bargain; it’s just to get rid of your case with the least amount of work. Very few cases are dismissed or reduced to a non-alcohol charge at this stage. Equally as important, if you accept this offer, you do not give the judge an opportunity to rule on constitutional challenges. You give up your right to raise these issues and make the State prove its case, which may save your license.

Mistake No. 8: Failing to appear in Court. If you don’t appear, the Court will issue a bench warrant for your arrest and revoke any bond. The next time you are stopped for a traffic infraction, you will be spending some time in jail and posting a bond to insure your future appearances.

Mistake No. 9: Talking to anyone but an attorney about your case. Anything you say to anyone, including anyone in the justice system (such as the prosecuting attorney)-can be used against you.

Mistake No. 10: Thinking that talking to numerous attorneys will help you handle it on your own. Look at it this way, would you operate on yourself after talking with a surgeon. Not if your livelihood (or life) depended on it. You need to have an attorney go to Court with you.

I hope this bit of information I’ve provided you is helpful.

About Mace Yampolsky, Las Vegas DUI Attorney

Criminal Defense, DUI, Domestic Violence, Personal Injury

Mace Yampolsky, Las Vegas DUI Attorney

625 S. 6th St.
Las Vegas, NV 89101
United States