Steps to Prevent Bicycle Accidents this Spring

Whether for exercise, recreation, or traveling to work, there are numerous reasons why you might choose to ride a bicycle. Whatever the reason you decide to ride a bike, there are important precautions to take in order to help you avoid being hit by motor vehicles. While these types of accidents can give rise to personal injury claims, allowing you to potentially recover compensation for injuries you sustain, it is much less painful to avoid these accidents in the first place.

Riding in the Road

You are perfectly within your legal right to ride a bicycle in the road, and motorists must share the road with you. Indeed, in many places, you are not even allowed to ride your bicycle on the sidewalk, thus forcing you onto the road. However, when riding in the road, the same responsibilities placed on motorists are placed on bicyclists. Adhering to these responsibilities can decrease the chances that you will be hit by a vehicle.

When entering a road, you must yield to oncoming traffic. It is particularly dangerous when a bicyclist enters the road from a driveway, alley, or from between parked cars. A motorist will not be expecting that in any sort of traffic, including a bike, will be entering from the middle of the block. Before entering the road, be sure to stop and check both ways to ensure it is safe.

It is also safer, as well as required to ride with traffic. Drivers do not expect traffic to be coming from the wrong direction, so riding against traffic can be very dangerous. As a result of the unexpectedness of a bicyclist riding in the wrong direction, coupled with the smaller size of a bicycle, a motorist may not see you approaching.

Riding your bike in a uniform and predictable manner will also help to avoid accidents. This means you should ride in a straight line and avoid swerving. When you wish to change lanes or make a turn, you should use hand signals to alert motorists. It is also important to obey all traffic laws, signals, and signs. In other words, you should ride your bicycle in the same manner as you would drive a vehicle.

Riding at Night and After Drinking

If at all possible, you should avoid riding a bike at night, as motorists often have difficulty seeing bicyclists when it is dark. The National Highway Traffic Safety Administration (NHTSA) reported that 48% of bicyclist deaths occurred between 4 p.m. and midnight. However, if you cannot avoid riding a bike at night, you should wear bright clothing and some sort of reflective clothing. Further, your bike should be equipped with a headlight and a rear reflector.

It is also helpful to avoid drinking alcohol and riding a bike. Balance, coordination, focus, and reaction time are all affected when a cyclist is under the influence of alcohol. After consuming alcohol, the best choice is find another means of transportation.

If you have been injured as a result of a bicycle-related accident, contact an experienced Las Vegas personal injury attorney. The team at De Castroverde Law Group has the experience to help you with your case today.

Underage Drunk Driving in Nevada

In Nevada, underage drivers who are caught operating their vehicles with even a small amount of alcohol in their systems can face serious consequences under NRS 484C.350. As per state law, a person under the age of 21 can be charged with driving under the influence if their BAC measures .02% or higher.

Nevada’s zero tolerance policy will result in arrest for any underage driver with a BAC of .02% or more, regardless of whether they are intoxicated. If you or a loved one has been charged with an under 21 DUI, it’s important to enlist the defense of a skilled attorney who can help you fight the charges and serious consequences. Penalties for underage DUI include:

• First Offense: 2 days to 6 months of jail time, $400-$1000 in fines, 90 day license suspension, and a mandatory evaluation to determine if they have a substance abuse problem
• Second Offense: 10 days to 6 months of jail time, $750-$1000 in fines, and a 90 day license suspension

Aside from the legal penalties, if you are charged with underage drunk driving you could also face suspension or expulsion from your high school or college. Additionally, your insurance rates will increase significantly with a DUI arrest on your record.

Fighting Under 21 DUI Charges

Being arrested for DUI does not mean that you will automatically be convicted; you have the right to fight your charges. Depending on the specifics of your case, there may be a number of different defenses you can use to challenge the charges and evidence. Possible defenses for under 21 DUI charges include:

• The traffic stop was done without legal justification
• The breath test equipment that the officer used was faulty
• Outside factors negatively impacted your ability to perform the field sobriety test
• You were not drinking alcohol and something else caused the BAC reading

Make sure you hire an attorney who has the experience and skill needed to effectively fight your charges. At De Castroverde Law Group we provide aggressive defense for clients charged with all types of DUI offenses in Las Vegas. Contact our team today to learn how we can protect your rights and fight for you!

DUI Causing Injury or Death

If a person drives under the influence in Nevada, according to state law they will likely be charged with a misdemeanor if it is a first offense and there were no aggravating factors involved. However, if the DUI resulted in an accident that caused another person to be severely injured or killed, the driver will face serious felony charges.

A driver can be charged under NRS 484C.430 if, while under the influence of alcohol or drugs and in actual physical control of a vehicle, their action or failure to act proximately caused the death of or serious bodily harm to another person.

DUI causing death or bodily harm is charged as a category B felony. If convicted of this offense, the possible penalties include:

• Incarceration in state prison for 2-20 years
• Fines between $2,000 and $5,000

If the defendant has previous DUI convictions, they may receive a more severe sentence.  

Fight Felony DUI Charges

The defendant can only be convicted of this felony offense if the prosecution can prove their guilt beyond a reasonable doubt. With the defense of an experienced and skilled legal team, however, the defendant can challenge the prosecution’s evidence and fight to have their charges reduced or even dropped.

Possible defenses to DUI causing injury or death include:

• The injury or death was not a result of intoxicated driving but an outside factor
• Police misconduct occurred during the arrest
• The equipment used to test the driver’s level of intoxication was faulty
• The driver was not under the influence of drugs or alcohol

If you or a loved one is charged with DUI causing injury or death or another felony offense in the Las Vegas area, call De Castroverde Law Group to speak with our proven defense team. At our family-run firm, we are committed to aggressively defending clients’ rights and interests while providing the outstanding representation they deserve. Contact our team today to learn how we can fight your felony DUI charges. 

Challenge Breath and Blood Test Evidence

Contrary to what prosecutors and law enforcement may want you to believe, failing a breath or blood test does not mean that you are guaranteed to be convicted of drunk driving. Although these forms of BAC testing may be more accurate than field sobriety testing, they are not without their flaws.

Below we will cover some of the different defenses that can be used to challenge the breath or blood evidence the prosecution tries to use in your DUI case.

Breath Test Evidence

The results of your breath test could be inaccurate if any of the following factors were involved:

• The officer was not certified in administering the breath test
• The breath machine was calibrated incorrectly
• The breath machine was not properly maintained
• The breath machine was broken or functioning incorrectly
• The officer did not observe you for 15 minutes before administering the test to ensure that you did burp or vomit prior to being tested
• The officer administered the test more than two hours after you were arrested
• The breath machine picked up alcohol in your mouth, rather than alcohol on your deep lung air
• You have a physiological condition such as acid reflux or heartburn which caused a false reading

Blood Test Evidence

There are strict regulations that must be followed when a person’s BAC is measured through blood testing. Your results could be erroneous if any of the following occurred:

• The sample was taken too long after your arrest to give an accurate reading
• The technician who drew or tested your blood was not properly certified
• The technician cleaned your skin with an alcohol-based product before drawing your blood
• Your blood sample was incorrectly labeled
• Your blood sample was stored incorrectly and the sample was compromised
• The chain of custody for the sample was broken, during which the sample could have been mixed up or contaminated

If you are facing DUI charges in Las Vegas or Clark County, it’s important that you talk to a lawyer before making any legal decisions. De Castroverde Law Group’s DUI attorneys can evaluate your situation to discover errors made in your case and determine which defenses are available to you. Contact us today to speak to our team!

Field Sobriety Tests – Fight the Evidence

When drivers are stopped for suspected drunk driving, one of the most common methods used by officers to determine whether or not they are intoxicated is administering field sobriety tests. If you consent to field sobriety testing, the officer will administer any of the following tests:

Horizontal Gaze Nystagmus – checks for involuntary jerking of the eyes when intoxicated.

One-Leg Stand – tests the driver’s ability to divide their attention between simple tasks, as they must stand on one leg while counting out loud.

Walk-And-Turn – tests the driver’s ability to follow directions while dividing their attention, because they must take nine heal-to-toe steps while walking on a straight line, then turn on one foot and return to the start in the same manner.

Evidence obtained from field sobriety testing is not bullet proof, and there are numerous factors that could negatively impact a sober person’s results. Some of the factors that could have affected your ability to correctly perform the tests include:

• You were unable to hear the officer’s instructions over the noise of traffic
• The officer’s instructions were unclear
• You were distracted by the noise and lights of passing traffic
• You did not understand the officer’s instructions because of a language barrier
• You were extremely nervous or embarrassed
• The ground was slippery, wet, or covered with a substance that made it difficult to walk on
• You were wearing unstable footwear, such as high heels or sandals, which made the tests difficult to perform
• You had trouble performing the tests because you have a physical disability or are overweight
• You suffer from a preexisting medical condition that negatively impacted your test results

Failing your field sobriety tests does not mean that you will automatically be convicted of DUI. It’s important to understand that you have the opportunity to fight the charges. Your attorney can evaluate your specific situation and determine your defense options.

We encourage you to contact De Castroverde Law Group to learn how our experienced defense lawyers can help you challenge DUI charges in the Las Vegas area.