Driving under the influence of alcohol or other intoxicants is a serious crime in Nevada even if the person who is arrested for it does not cause an accident. However, the penalties and potential liability for a defendant becomes much more severe if a DUI accident occurs and especially if a person is injured or killed as a result. Such appears to be the case with a local woman who was arrested in connection with a fatal Las Vegas DUI accident that killed a man last Friday when her vehicle rear-ended the victim. The defendant appeared in court and bail was set at $100,000.00. The woman has a history in this regard as well, as she was convicted of a Nevada DUI in 2001.
The Nevada statute that governs this situation is relatively clear:
“NRS 484C.430 Penalty if death or substantial bodily harm results; exception; segregation of offender; plea bargaining restricted; suspension of sentence and probation prohibited; affirmative defense; aggravating factor. [
1. Unless a greater penalty is provided pursuant to NRS 484C.440, a person who:
(f) Has a prohibited substance in his or her blood or urine in an amount that is equal to or greater than the amount set forth in subsection 3 of NRS 484C.110, and does any act or neglects any duty imposed by law while driving or in actual physical control of any vehicle on or off the highways of this State, if the act or neglect of duty proximately causes the death of, or substantial bodily harm to, another person, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years and must be further punished by a fine of not less than $2,000 nor more than $5,000. A person so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.”
Aside from the obvious criminal liability the woman faces, she could also face civil liability if the family of the deceased seeks help from a Las Vegas wrongful death lawyer. If someone you love has suffered the same untimely fate, you need the help of a Las Vegas DUI accident lawyer who understands how to hold those responsible for these acts accountable. Contact Jack Bernstein & Associates today to schedule a free initial consultation.
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[...] differing degrees of damage that’s done. We posted last month about a tragic case where a man was killed after being slammed from behind by a drunk driver, killing him. Now comes word that the woman, who was arrested and charged with several crimes, [...]