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The DUI and DMV hearings are separate entities. If your suspension is from DMV for having a blood/breath alcohol level above .08 or a prohibited substance above a certain level, i.e. marijuana, then you can receive a restricted license after 45 days of suspension. BUT, if you suspension occurred as a result of your second DUI CONVICTION within seven years, then the suspension will be for a full year and you cannot get a restricted license. Considering that you state that the second dui is...
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Many times in your particular court, the Prosecutor will discuss with your attorney the possibility of a resolution that allows you to have the charges dismissed. If the charge is dismissed, under Nevada law, you could have the matter sealed from your record - very important. You should discuss your options with an attorney and do so BEFORE the initial court date.
A DMV hearing is not the criminal case. You should know that the amount of proof necessary for a DMV is significantly lower than a DUI conviction. Do not let that event discourage you. You should interview several attorneys in your City and decide whether to hire an attorney. Remember you do not want any attorney, you want the right attorney for you.
If you have the court records, you need to look at the court record for the date that you entered into your negotiation. It is possible that you entered into a plea of no contest and did not realize you would still have a conviction. Remember that you can order the court transcript to see if the court clerk made an error. If the transcript shows that the case should have been dismissed, you can go back to court to correct the error. Until you do so, you will have this conviction on your record.
You need to contact an AZ attorney and straighten this out. First, you are probably in warrant - not good. Second, your license is most likely suspended, so you are driving illegally. Under NV law you, NV will not issue a valid license until you clear your AZ problem. Then again, if you are able to get a NV license, it means that AZ does not have a hold on your privileges.
DMV is correct - if your BAC was .08 or more the DMV will suspend your license for 90 days. If you are still in the suspension period, then you can request (or better have an attorney request) a DMV hearing. This will allow you to challenge the finding. Because, if you do nothing then the suspension will go on your DMV record and you will need to get an SR-22 insurance for 3 years before you can reinstate your license. While you challenge the DMV you can get a temporary license. Finally,...
You should definitely interview some attorneys - 2 to 5. Many attorneys will sit down with you at no charge and generally discuss what to expect on your DUI case. You should know your exact court and prepare a short summary of the event and have a list of specific questions that you want answered. I expect to spend between 15-30 minutes with a potential client and generally do not charge for an initial conversation. When interviewing the attorney, you should see whether you are...
A dui that results in substantial bodily harm or death carries a mandatory minimum of 2 years in prison and a maximum of 20 years in prison. If the person had a prior dui felony that the penalty can be even more severe.
The police can question your child at school. The real issue would be, why did they question your child? Is your child a suspect or a witness? Did the questioning involve anything about you or your family members? So, the concern, if any, should center on what exactly the police asked your child.
If you were given an own recognizance release, the terms are that you appear in court for your hearings. Normally no other restrictions apply so leaving the state would be fine. You will need to appear for the preliminary hearing or trial. The best thing to do is consult with your attorney to make sure that you have no restrictions on your ability to leave the state.