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Dale A. Hayes
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Dale Hayes’s Answers

13 total


  • Can i get reckless driving expunged off my driving record?

    I recieved a reckless driving charge in the state of Nevada for doing 70 in a 45 (it was a highway that apprently reduces its speed limit down to that speed and i didnt see it) i have taken the class and paid the fines to deal with said ticket. my...

    Dale’s Answer

    You can have the conviction "sealed" but, depending upon your future employer/position (government versus private), the offense may still be discovered by your employer.

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  • Can judge deny community service recommendation and make me do jail time?

    Convicted of driving while suspended and was given 20 days slap time. The jail said it was a conflict of interest because I am a correction officer so the warden sent a letter recommending community service being that the closest county to my home...

    Dale’s Answer

    Yes. The Judge has final sentencing discretion.

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  • Second dui

    i got stopped for driving without my headlight. they ask me if i have anything to drink i told them i had 3 drinks, one officer did half of the test while the other was in my car looking around. i passed the test with the first officer and asked h...

    Dale’s Answer

    You should never plea to a DUI without first investigating all potential defenses. Even if you are offered a DUI first, this second "first offense DUI" may still be used to enhance a subsequent DUI to a third offense. Third offense DUI's are very serious - they are felony charges that involve mandatory (non-probationable) prison time. Have you subpoenaed the blood data from LVMPD? Have any experts been consulted with? Your attorney should be able to investigate all potential problems with the blood data for relatively cheap.

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  • If I was released on O R. Will I b tested at my arraignment? For a drug DUI and posesion of pot cookies.

    Had two cookies in possession not eaten, was pulled over for speeding. Smelt weed, but only had cookies.

    Dale’s Answer

    I am licensed in Nevada but practice in Las Vegas. I have never heard of a defendant being subjected to a drug test at an arraignment. The purpose of an arraignment is to inform you of the charges against you and have your initial plea entered. In Southern Nevada, most Judges will require you to retain an attorney or appoint the public defender (if you qualify) before you enter your plea.

    You should definitely hire a Reno DUI attorney. Call Walter Fey. However, without knowing the specifics of your case and criminal background, I would say it is highly unlikely you will be drug tested at your arraignment. Facts that would cause me to be concerned that you might be subjected to a test include: you being on probation or a "stay out of trouble" term from a separate case, you having a specific history before the Judge that will be presiding over your arraignment, you walking into Court high as a kite, etc.

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  • I live n nevada and was involved in an accident and sustained injuries that lead to a 4 day hospital stay. The officerthat was a

    involved in auto accident where i was accused of dui. did not receive any tickets or citations

    Dale’s Answer

    Your question appears incomplete. Generally speaking, officers arrest all persons whom they have probable cause to believe committed DUI. The exception is motorists who injure themselves in accidents and require medical attention. You may not have been conscious or coherent, but your blood was likely drawn at the direction of a NLVPD officer shortly after your arrival at the hospital. NLVPD utilizes a private lab to analyze their DUI blood samples. If your blood was indeed collected by a NLVPD officer, you may not hear anything for months. I was hired recently by a NLV Muni DUI defendant who did not even know her blood was drawn. She discovered she had a pending criminal matter months after her accident (a NLVPD officer stopped by her house when she was not home with a warrant for her arrest).

    You need to hire an attorney (or at least speak with one) if you feel a DUI investigation has been opened. Your attorney can contact NLVPD and/or NLV Muni or Justice Court to determine whether a criminal case has been opened against you. Call my office tomorrow (702-656-0808) and we can schedule a free consultation for you.

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  • DUI Field Tests Not Conducted Properly

    I was stopped for allegedly speeding 10 miles over the limit, eventually charged with DUI. The officer claimed I had a strong alcoholic odor, slurred speech (my passenger who had 0 drinks says I was not slurred), and bloodshot eyes. - I had co...

    Dale’s Answer

    They are definitely potentially valid. The NHTSA manual indicates that the FST's should be conducted on a "reasonably" level surface. So this issue will depend on how "sloped" the surface was where you were tested. As for the HGN, the lights are definitely concerning as you should not be looking into flashing lights while being subjected to this test. The glasses is probably less of an issue. The officer should have removed them but this is only so he can see what your eyes are doing better. The officer will be able to easily sanitize this by testifying he saw your eyes just fine. Visit www.NCDD.com, locate a DUI attorney in your jurisdiction, and he or she will be able to reach out to an FST expert to assist with your defense.

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  • Does the arresting officer have to write the alcohol reading on the ticket ? Plus, the machine wasn't working at the station.

    I was just wondering if maybe we could beat this on a technicality. My son-in-law really wasn't drunk. Just got caught in a road block & he had only consumed 2 beers over a 3 hour period.

    Dale’s Answer

    I agree with my colleague. I am licensed in Nevada, not MS. However, all (or nearly all) states utilize two types of breath tests, the preliminary breath test ("PBT") and the evidentiary breath test. PBT's are administered roadside while the evidentiary tests are generally administered at the station/jail (some of the newer models are mobile and some states have "DUI Vans" that travel around town equipped with evidentiary machines). Police reports usually have a blank to insert PBT results but the arresting officer is not required to write a PBT result on a ticket or report. As my colleague pointed out, PBT results are generally inadmissible (unless to establish probable cause (“PC”) for the underlying arrest). The evidentiary test typically has a "breath test card" that it prints out at the conclusion of the test. If the PBT machine was not working properly then that is not too relevant. PBT tests are used to supplement PC evidence, they are not mandatory to establish PC for an arrest (at least not in Nevada – in fact, it is not uncommon for Las Vegas officers to completely skip the PBT with DUI investigations/arrests). If the evidentiary machine “was not working properly” (which appears to be your case as you mentioned the machine “at the station”) then your son-in-law would have a much stronger defense. He should hire an experienced DUI defense attorney who can assess the case and then possibly retain an expert to establish that the machine was not working properly at the time. Visit NCDD.com for an experienced DUI defense attorney in your area. However, even if the test results get thrown out, your son-in-law may still be prosecuted under “the impairment theory” which does not require any BAC reading at all. This appears to be unlikely in the case you described because it sounds like there will not be too much “impairment” evidence (random roadblock stop, 2 consumed beers, etc.) Either way, your son should hire an attorney as DUI convictions are serious and can be used to enhance subsequent offenses as well.

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  • What are the basic penalties of "contributing to the delinquency of a minor" in Nevada?

    what are the basic penalties of "contributing to the delinquency of a minor" in Nevada? are does age gap matter?

    Dale’s Answer

    In Nevada, contributing to the delinquency of a minor is a misdemeanor. The penalties are up to 6 months in jail and/or up to a $1,000 fine. I practice in southern Nevada, not Reno. You may also be required to attend classes and/or counseling. House arrest and/or community service might be available as alternatives to jail time and the fine as well. Age gap does not matter as it relates to the actual crime but it could be used during negotiations with the prosecutor and/or as argument to the Judge when he or she sentences you.

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  • What is the statute of limitations on dui offenses.

    I live in Nevada. I had a dui in Florida in 1987. They are trying to apply it to the a pending case to enhance it. Is there a legal time frame that applies to this situation. I've already served my time in Florida for that case.

    Dale’s Answer

    The statute of limitations for a DUI offense in Nevada is one year for a misdemeanor DUI (first or second offense) and 3 years for a felony DUI. I do not think that is the question you are asking.

    Generally speaking, the underlying offense for your prior DUI conviction must have occurred within seven years of your present (principal) offense for Nevada's enhancement statute to apply. However, the foregoing seven year enhancement schedule only applies if your prior conviction was a misdemeanor conviction. If your prior conviction was a felony DUI conviction, there is no time frame limitation to trigger enhancement in Nevada. You need to find out whether your FL DUI conviction was a felony conviction. Given your reference to “serving time” for your FL offense, it appears your FL conviction may very well have been a felony. I strongly recommend that you hire an experienced DUI attorney immediately.

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  • 1st offense of domestic battery?

    I live in Reno Nevada. My fiance' went to jail for domestic battery. He got bailed out by his parents. How long can he spend in there if i didn't press charges and it was his first offense? I also HAD to get a temporary protection order so i didn'...

    Dale’s Answer

    Nevada law requires anyone ARRESTED for domestic violence to stay in jail for a minimum of 12 hours before he or she can be released on bail or on their "own recognizance." If CONVICTED of first offense (misdemeanor) DV, your fiancé faces a mandatory jail sentence ranging from a minimum of 2 days to a maximum of 6 months. I say "mandatory" but a lot of times the judge will give a DV convict "credit for time served" meaning he will not have to go back to jail. However, I do not practice in Northern Nevada and your description of the event is not too detailed. Your fiancé could be facing much more severe penalties, including a lengthier jail sentence, if you sustained "substantial bodily harm" or a "deadly weapon" was involved. You are not in control of the charges that may or may not be asserted against your fiancé. Although you would most likely be the State's star witness, the State of Nevada (or City of Reno if you are in muni court) will decide whether charges are made and a DV conviction is pursued against your fiancé. That being said, you not wanting to testify against your fiancé could definitely impact the prosecutor's decision to pursue the DV charge versus allowing his to plea to a lesser offense. However, the prosecutor can subpoena you to testify and you must tell the truth at trial. If you refuse to testify, you could be held in contempt of court. I think you meant to ask about the chances of him not getting convicted (instead of "arrested" as you state because he was obviously already arrested). Your fiancé should hire a criminal defense attorney from Reno. His chances depend on a number of things, i.e., did you sustain substantial bodily harm, did he use a weapon, etc. He will probably have to attend DV classes and maybe anger management whether he gets convicted of DV or not (even if he is allowed to plea to a lesser offense, he will still likely be sentenced to the minimum DV penalties (but will probably get "credit for time served" for the jail sentence. Your fiancé needs to hire an attorney.

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