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.

We posted last month regarding the tragic story of a runner who was killed by a vehicle while he was participating in a long distance race. Even though the driver attempted to flee the scene, he was caught, arrested and charged with DUI resulting in death.  The story has continued to progress, and the defendant had his day in court last week where he pleaded guilty to one charge.

According to the Las Vegas Sun:

“A 25-year-old Henderson man is facing prison time after pleading guilty today to being under the influence of alcohol when he fatally struck a relay runner in October.

Joshua Salayich pleaded guilty to one count of driving under the influence resulting in death or substantial bodily injury in connection with an incident Oct. 10 that left 33-year-old relay runner Jeremy Kunz of Kamas, Utah, dead.

The charge carries mandatory prison time of two to 20 years. A second charge of leaving the scene of the accident will be dismissed as part of the plea agreement, prosecutor Shelly Small said.

Salayich had a blood-alcohol level of .265 at the time of the incident, Small said.

The case is Salayich’s first drunken driving offense. He was arrested after police said he lost control of his vehicle near Horizon Ridge Parkway and Stephanie Street, striking Kunz, who the coroner’s office said died of several blunt force traumatic injuries received as a result of the collision.”

While it appears that the criminal prosecution of this case is all but complete other than the sentencing, it does not prevent the possibility of civil liability arising.  If you or someone you love has been injured or worse in a crash, you need the help of Las Vegas car accidents lawyers with years of experience in holding those responsible for these tragic results accountable.  Contact Jack Bernstein & Associates today to schedule a free initial consultation.

New Year’s Eve is a night that’s celebrated around the world, and few places are more celebratory and festive than Las Vegas.  People come from around the world to ring in the new year in a place that’s made for action, but unfortunately, many people make bad decisions while taking part in the festivities.  As such, it should be no surprise that the number of DUI arrests in the area increased this year when compared to New Year’s Eve of 2009.

According to KTNV:

“Nevada Highway Patrol reports an increase in DUI arrests as partiers continue to get behind the wheel after a night of partying. Tentative numbers put New Year’s Eve/New Year’s Day DUI arrests at 82 and NHP warns that the number will likely rise as all violators are entered into the system.  Last year NHP made 73 DUI arrests.

“They don’t think they’re going to get caught,” says NHP trooper Alan Davidson.  ”They always think it won’t happen to me.”

While some DUI drivers are difficult to spot, Davidson says most are not.

“You know a lot of drunks forget to turn on their lights. They don’t even pay attention. We see that a lot,” says Davidson.”

On the positive side, there have yet to be any reports of serious injuries or fatalities as a result of driving under the influence over the new year, but the increase in the number of incidents remains troubling.  If you or someone you love has been injured or worse in a DUI-related accident, you need the help of Las Vegas car accidents lawyers who have decades of experience in successfully holding those responsible for these injuries accountable.  Contact Jack Bernstein & Associates today to schedule a free initial consultation.