Dale A. Hayes Jr.’s Answers

Dale A. Hayes Jr.

Las Vegas Litigation Lawyer.

Contributor Level 7
  1. What is the statute of limitations on dui offenses.

    Answered over 4 years ago.

    1. Dale A. Hayes Jr.
    2. Jonathan Burton Blecher
    2 lawyer answers

    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...

    2 people marked this answer as helpful

  2. Can i get reckless driving expunged off my driving record?

    Answered about 2 years ago.

    1. Dale A. Hayes Jr.
    2. Drew Allan Cicconi
    2 lawyer answers

    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.

  3. Second dui

    Answered about 2 years ago.

    1. Matthew Jeremy Cohen
    2. Dale A. Hayes Jr.
    2 lawyer answers

    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...

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

    Answered over 2 years ago.

    1. Dale A. Hayes Jr.
    2. Philip Daniel Hache
    3. John Lawrence Buckley
    3 lawyer answers

    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...

  5. 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

    Answered over 2 years ago.

    1. Steven J. Karen
    2. Dale A. Hayes Jr.
    3. Christian K. Lassen II
    3 lawyer answers

    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...

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

    Answered about 4 years ago.

    1. Dale A. Hayes Jr.
    1 lawyer 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...

  7. 1st offense of domestic battery?

    Answered over 4 years ago.

    1. Dale A. Hayes Jr.
    1 lawyer 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...

  8. I'm going for arainment for battery (domestic violence) srtangulation what is the sentance for that?

    Answered over 4 years ago.

    1. Dale A. Hayes Jr.
    1 lawyer answer

    It depends. Nevada utilizes a minimum-maximum sentencing scheme for domestic violence. Additionally, the sentence for a domestic violence conviction becomes more severe if you have prior DV convictions inside a seven year period of time. Assuming you have no prior DV convictions and that your GF did not sustain "substantial bodily harm," the charge against you will be a misdemeanor charge with the following mandatory and permissive penalties (if you are convicted): mandatory minimum jail...

  9. How to plea on my arraingment for first dui?

    Answered over 4 years ago.

    1. Dale A. Hayes Jr.
    2. Manny Daskal
    3. Karyn T. Missimer
    3 lawyer answers

    Initially, I agree with the first responder - you need to hire a DUI lawyer to protect your rights. The NCDD website is a great place to start (www.ncdd.com). Walter Fey is a great DUI attorney in Northern Nevada. I practice in Southern Nevada, not Northern Nevada so the below response is more of a generalized answer of your question based on my practice in Vegas. If you do not have time to hire an attorney, I would just show at your arraignment, advise the judge that you are in the process...

  10. I was pulled over for a DUI in NV and want to move back East but my court date isn't til May. Any way to get the date earlier?

    Answered over 4 years ago.

    1. Dale A. Hayes Jr.
    2. Karyn T. Missimer
    2 lawyer answers

    No. You cannot expedite an arraignment. However, your DUI arrest and impending charge should not impact your plans to move back east. If you hire a Las Vegas DUI attorney he or she can represent you throughout your DUI case. In fact, unless your case goes to trial, you will not need to fly back to Vegas at all to appear. Generally speaking, you will not know your BAC until your arraignment as the State (or City of you were arrested within one of the municipal jurisdictions) does not...

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