I was arrested for 3rd dui or above in the state of nevada, but have an az drivers license, i have two questions 1. the court at my arraingment did not know what to charge me with, but set my court date for 6/14/12, How do I find out the D.A assigned to my case and 2. can I still drive to work on my az license?
You can call the DA's office to find out who the prosecutor is but they may not have assigned it yet. As far as your license goes please see my previous answer to this question.
Mystified in Nevada:
First of all, you were arraigned on some charge. There is no way that the court would have you enter a plea without something to plea to. The charge is driving under the influence, not whether you had a Nevada License.
Under Nevada DUI laws (NRS 484C.110) it is illegal to operate a motor vehicle on a highway or a publicly accessible road under any of the following circumstances: 1) If the driver is under the influence of alcohol and/or drugs; or 2) If the driver has a blood alcohol concentration (BAC) of .08 or greater at the time of the driving; or 3) Is found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have a concentration of alcohol of 0.08 or more in his or her blood or breath, to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access.
A DUI in Nevada is normally charged as a misdemeanor, but it will be charged as a felony if 1) the incident resulted in someone getting seriously hurt or killed, or 2) you've already been convicted of DUI twice in the last seven years. Were you charged with a felony?
There is an administrative hearing process conducted by the Nevada DMV for the suspension of a DUI driver's license. However, the state of Nevada lacks jurisdiction to suspend drivers licenses issued by other states. An out-of-state license holder who suffers a Nevada DUI conviction (or loses his DMV hearing) will simply see a suspension of his or her privilege to drive in Nevada. However, the Nevada DMV will also report the local suspension to the DMV or Department of Transportation of your home state under the IDLC. That is, by virtue of an agreement among the states called the Interstate Driver's License Compact, your home home state of Arizona will most likely honor Nevada's suspension. Arizona has been a member state since 1963.
If you are living and working in Nevada, why do you still have a Arizona driver's license? Was your Nevada license suspended or revoked? Do not answer that question in this forum. In Nevada, you have 30 days to get a Nevada Driver's License after moving to the State, and 60 days to register your vehicle.
You need to hire an attorney promptly BEFORE you even think of talking to the DA.
Drew Allan Cicconi,
Attorney at Law
Disclaimer: This is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. This is not intended to be legal advice in your specific case. It's impossible to give detailed, accurate advice based on a few sentences on a website. You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information in your case.
You did not say what jurisdiction you were arrested in, but if you were arrested in Clark County it is very typical that the State would not file charges at your initial arraignment. The DA's office most likely still has the case in screening so they probably need additional time to review the charges. Bottom line is not to get excited-you will probably still get hit for a third offense DUI.
As to your license, you would need to contact Az DMV. They will be able to tell you what the status of your license is. However, my guess is that if they were going to take some sort of action against you, they would've sent you some sort of notice to whatever address they have on file for you.
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