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Las Vegas Criminal Law Blog

NEVADA ASSSEMBLYMAN APPEALS DUI CHARGES

The end of January will see a prominent assemblyman attempt to overturn a drunk driving conviction, according to local news. Nevada Assemblyman Richard Carrillo is appealing his DUI conviction following an incident in which he was arrested last February. The lower court sentenced the politician to community service, an $800 fine and ordered him to refrain from possessing any firearm for one year.

According to the police report from Feb. 27, Carrillo was found sleeping in a planter box not far from a bar where he told officers he had been drinking. He apparently told officers he had a ride coming to pick him up. He was found a short time later by the same officers, sleeping in his parked vehicle in front of the bar with the engine running.

Legal representation for Carrillo argued that there was no evidence that the man had driven his vehicle at all between being awoken by officers and falling asleep again. They argued that, in order for a drunk driving conviction to be valid, the prosecution would have to prove beyond reasonable doubt that the man had actually driven while intoxicated. The prosecution countered by citing a 1989 Nevada Supreme Court case in which it was ruled that even an unconscious person could be considered in control of a motor vehicle.

Nevada prosecutors have argued Carrillo was “in control” of his vehicle at the time of his arrest. However, it remains to be see how the appellate court will decide this DUI dispute. The appeal underscores the fact that, even when a criminal conviction is obtained, important legal issues may be raised on appeal in an attempt to right a perceived injustice.

Source: nevadaappeal.com, “Assemblyman Richard Carrillo DUI appeal set for January“, Geoff Dornan, Dec. 22, 2015

Skillful Defense Against Any Type Of PCS Or Marijuana Possession Charge

My only concern is securing the best available result for each client I serve. I am diligent If you are found in possession of cocaine, heroin, methamphetamine, marijuana, a medication for which you have no doctor's prescription, club drugs or drug paraphernalia, I will present the strongest possible case to show that the drugs were not yours or that the police had no grounds to perform the search that led to the discovery of the drugs.

If the prosecution has compelling evidence in your case, I will pursue every available option in an effort to avoid a conviction on your record. Depending on the circumstances surrounding your case, it may be possible negotiate 3363 treatment that would allow for your case to be dismissed after you complete court-ordered classes or drug treatment.

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I will do everything in my power to secure the best possible resolution in your case. Contact my office for a free attorney consultation. I offer on-site appointments at the jail or another location that is convenient for you if you are not able to come to my office. I will meet you at any time, day or night. You can reach me by phone at 702-545-7592 for an immediate response or via email for a response on the following business day.

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