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Las Vegas Lawyer for DUI Causing Death
DUI charges are a serious matter in Nevada. A DUI that results in a fatality is the gravest DUI charge you can face. It falls under Nevada law NRS 484C.430, which outlines its definition and penalties. This offense is charged as a Class B felony punishable by two to 20 years in prison, fines of $2,000 to $5,000, the loss of your driver’s license for three years, and mandatory installation of an ignition interlock device for one to three years as a condition of reinstating your license.
If you are facing such a charge, Goodman Law Group can help with invaluable guidance through each stage of the legal process. Our Board-Certified trial lawyer is well-known for his honed legal skills with prosecutors, witnesses, and juries in the courtroom. His goal is to aggressively protect your rights, mitigate your charges, and limit a conviction’s impact on your life.
Book a complimentary consultation with our Las Vegas attorney DUI causing death by contacting us online or at (702) 825-7854.
DUI Causing Death in Nevada
You can be charged with this felony under various scenarios, such as:
- Driving with a blood alcohol concentration (BAC) of .08 percent or higher
- Driving under the influence of alcohol that has rendered you unable to safely operate a vehicle regardless of your BAC,
- Driving under the influence of a controlled substance, such as street drugs, prescription medicines, or even over-the-counter medicines that compromise your driving capabilities,
- Driving under the influence of both drugs and alcohol,
- Driving with an illegal amount of a prohibited substance in your system.
In such cases, however, you cannot be charged with murder.
Factors that can “aggravate” your case, impacting your sentence, include driving with a minor under 15 when arrested or having three previous DUI convictions on your record. In the latter case, you can face a vehicular manslaughter charge, a Class A felony punishable by up to 25 years or life in prison.
Potential Defenses Against DUI Causing Death
Defending these charges requires fighting against the allegation that you were driving while under the influence of alcohol and/or drugs and the assertion that you were the cause of the fatality.
Prospective defenses can include:
- Incorrect Administration of Field Sobriety Tests: Law enforcement must follow specific procedures when administering field sobriety tests. If these protocols are not correctly followed, the results may be challenged.
- Faulty Breathalyzer: Breathalyzer results can be influenced by various factors, including device calibration, the officer's training, and the time between the alleged offense and the test; this can include having “rising blood alcohol” that reaches illegality because of failing to test until an hour or two after being pulled over.
- Challenging the DUI Allegation: The defense might argue that the defendant was not under the influence at the time of the accident by providing various facts. For instance, specific medical issues can result in false test results.
- Proximate Cause: The defense could argue that the driver was not the proximate cause of the passenger or pedestrian's death. For instance, if another factor, such as the victim's actions or a third party's involvement, was the primary cause of the accident, this could be used as a defense.
- Violation of Constitutional Rights: Any evidence obtained through illegal search and seizure or without a proper warrant may be dismissed. Similarly, if law enforcement did read the defendant’s Miranda rights, any statements made might be excluded from the case.
- Inaccuracy of Blood Test Results: The results might be contested if the blood test was improperly administered or the samples were incorrectly handled or stored.
Charges can be reduced if either the DUI or the death cannot be proven beyond a reasonable doubt. Where DUI impairment cannot be established, this element is removed from the proceedings and any consequences. Where causation of death cannot be proven, but intoxication is proven, the DUI generally becomes a misdemeanor.
At Goodman Law Group, we investigate all available evidence, from eyewitness accounts to medical records, GPS data, police reports, surveillance video, and expert witness testimony, to create a comprehensive defense.
Call (702) 825-7854 to schedule your consultation.
Why Choose Us: Expertise, Dedication, Results
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Comprehensive Criminal DefenseWhether facing charges for DUI, violent crimes, or white-collar offenses, Goodman Law Group provides aggressive representation with a focus on achieving the best possible outcomes for clients in both state and federal courts.
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Local Expertise, National ImpactAs a lifelong Las Vegas resident, Ross C. Goodman’s deep knowledge of local laws, courts, and legal professionals gives his clients a distinct advantage, while his nationally recognized legal skills elevate his reputation beyond the state.
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Proven Track RecordWith nearly 30 years of experience and a history of high-profile victories, Ross C. Goodman is a top-tier criminal defense attorney, known for securing dismissals, "Not Guilty" verdicts, and favorable resolutions.
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Personalized, Successful DefenseEvery case at Goodman Law Group is handled with meticulous attention to detail, ensuring personalized strategies that have resulted in reduced sentences, acquittals, and alternative legal resolutions for thousands of clients.
Client Success Stories
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"We are extremely grateful!"Ross Goodman and his team took care of us during a very uncertain time and helped to guide us through the entire legal process. We greatly appreciate how his team, especially Tiffanie, communicated with us and went above and beyond on our behalf. We are extremely grateful! Thank you Ross!- Susan L.
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"He really saved my future and reputation!"So thankful for Mr. Ross Goodman taking on my case. Sometimes bad things happen even to good people and you're left to make decisions that could affect your livelihood. I knew going into my case I wanted the best lawyer defending me and the best is Ross.- Taniel C.
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"His professional and knowledge of Las Vegas law is impeccable."Ross Goodman has got to be the best attorney in the Las Vegas area. When we needed a lawyer to represent our son, Ross appeared in court on his behalf and had his DUI reduced to reckless driving. His professional and knowledge of Las Vegas law is impeccable. I would recommend Ross to anyone who want excellent representation.- Avis A.
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"I am eternally grateful for his professional service."Mr. Ross Goodman is a true professional. His knowledge and dedication to me as a client was unparalleled! Mr. Goodman and his assistant Tiffanie were a beacon of hope to my family and I during a time when my options appeared limited and the likelihood of a
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"He got me an excellent result, better than I could have expected."I can't say enough good things about Ross and his team. He kept me fully informed, answered my questions promptly and personally, and was just there for me. I'd definitely recommend him without any hesitation.- Howard R.
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"He makes things happen, and he has all the connections for the best outcome."Ross is a phenomenal lawyer!! He helped us out of a rough situation and we will be forever grateful. The charges were reduced greatly and we only have to complete classes following a DUI, which was 3x over the limit. He makes things happen, and he has all the connections for the best outcome. We are ecstatic over the outcome of our case. We will always recommend Ross, to anyone and everyone!
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"Above and beyond my expectations."
Being faced with such a difficult situation was overwhelming, but your strategic approach and guidance provided both comfort and hope. Your commitment to my daughters case went above and beyond my expectations, and I am truly thankful for all the hard work you put into securing my daughters release from jail.
Your legal acumen and advocacy skills are truly remarkable, and I feel fortunate to have had you and Ross by my daughters side throughout this ordeal. Your guidance not only helped my daughter regain her freedom but also provided me with a better understanding of the legal process.
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"Attorneys of Ross Goodman’s caliber are few and far between and certainly hard to find."He fights for his clients and I truly thank him for that. I feel fortunate to have made his acquaintance and had his representation. The outcome he was able to secure was a blessing in my life.
