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.

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.

Ignition Interlock Devices: An Overview

If you are convicted of drunk driving in the state of Nevada you will face a number of consequences. Sentencing can include fines, community service, incarceration, and, in some cases, the installation of an Ignition Interlock Device (IID) in your vehicle.

Installation of an IID is required when a driver is convicted of DUI with a BAC of .18% of greater. If your BAC was .18% or greater, the judge will likely sentence you to install an IID for 1 to 3 years. If your BAC was less than .18%, the court can order you to install an IID for 3 to 6 months, though it is not a mandatory part of sentencing.

What is an IID?

An IID is a device that hooks into a car’s ignition control system and checks for alcohol on the driver’s breath. The IID sends reports back to the service provider of whether or not the driver’s BAC was over the limit. In order to start the vehicle, the driver must breathe into the IID. The IID will prevent the car from starting if it detects a BAC of .02% or greater.

The vehicle will start if the IID does not detect alcohol on the driver’s breath; however, the driver must periodically have their breath retested while driving in order for the vehicle to continue running. This prevents drivers from having another person blow into the IID to start their cars. If the IID detects alcohol on the driver’s breath while the vehicle is in use, the device will shut the engine off.

What is required of the driver?

If the use of an IID is ordered as part of your sentence, you will be required to pay for the installation of the device in any vehicles you operate.  This means that the court could order you to have an IID installed not only in your vehicle, but also a vehicle owned by your partner, your roommate, your parent, or your child.

You will also be responsible for paying for the IID service and maintenance of the device. Your IID must be installed by a certified service provider, and the service provider must also inspect the device regularly to ensure that it is functioning correctly and that the device has not been tampered with in any way.

In addition to the many harsh consequences imposed for DUI, an IID will severely restrict your personal freedoms. With so much on the line, you should make sure that you have a powerful defender in your corner. If you are charged with drunk driving in the Las Vegas area, don’t wait to contact the proven defense attorneys at De Castroverde Law Group!

Drunk Driving: Possible Defenses

Conviction for DUI will lead to harsh penalties, so it is important that you fight your charges aggressively. Although every situation is different, there are various defenses that can used to challenge the prosecution’s evidence. Your answers to the following questions could have a significant impact upon your DUI defense:

Did the officer have probable cause to pull you over? 

According to state law, an officer must have probable cause to pull you over for suspected drunk driving. Examples of probable cause include weaving between lanes, driving well over or below the speed limit, or driving at night without headlights.

Was the field sobriety test administered correctly? 

The National Highway Transportation Safety Administration (NHTSA) outlines specific testing procedures for the walk and turn, one leg stand, and horizontal gaze nystagmus tests. The officer’s failure to follow the procedures could make the results of the test invalid.

Did outside factors affect your field sobriety test results? 

There are numerous reasons a person could have difficulty with a field sobriety test, even if they are completely sober. Some of these factors include being extremely nervous or embarrassed, wearing heels or other unstable footwear, gravel or another slippery substance on the ground, being distracted by the noise and lights of oncoming traffic, or being unable to understand the officer’s instructions because of difficulty understanding English.

Did the officer observe you before administering the breath test? 

Breathalyzers are intended to measure the amount of alcohol on a person’s deep lung tissue. If you burped or vomited shortly before taking the breath test, the results could be erroneous. To prevent invalid results, officers must observe the suspected drunk driver for at least 15 minutes before administering the breath test.

Was the Breathalyzer properly maintained and calibrated? 

If the breath machine used to measure your BAC was not routinely cleaned and maintained, the results could be severely impacted. Likewise, if the officer was not properly trained in the administration of breath tests or if the machine was not calibrated correctly before the test, the results could be ruled invalid.

Were you read your Miranda Rights? 

Upon being arrested for DUI, the officer is legally required to read your Fifth Amendment rights to you. If you were not properly Mirandized by the officer and made aware of all your rights, the court could rule that any incriminating statements made after the arrest are inadmissible as evidence.

Find out about other defenses by checking out the Beat Your DUI page on our website. If you were arrested for drunk driving in the Las Vegas area, contact De Castroverde Law Group today to learn about the defenses available in your case.

BAC and Impairment: How Much Can I Drink?

Blood alcohol content (BAC) measures the percentage of alcohol in a person’s blood, and this measurement is most commonly obtained through breath tests and blood tests.

Your BAC and how quickly you will become intoxicated is based upon a number of factors, including:

• The amount of alcohol you have consumed
• The type of alcohol you have consumed
• The length of time you have been drinking
• If you ate while drinking, and how much you ate
• Your gender
• Your weight
• Your age
• Your tolerance for alcohol
• If you are taking certain medications

Alcohol affects everyone differently, but there are certain impairments that commonly occur when a person’s BAC reaches specific percentages. People typically exhibit the following signs of impairment the more alcohol they consume:

• 0.01% to 0.02% BAC – You will appear normal, but you will exhibit subtle effects from the alcohol, which can be detected with specialized tests.
• 0.03% to 0.05% BAC – Your ability to concentrate will be affected.
• 0.06% to 0.09% BAC – Your ability to reason will be impaired and you will also notice effects on your depth perception, peripheral vision, and glare recovery.
• 0.10% to 0.19% BAC – Your speech will be slurred and you may stagger, and your reaction time, reflexes, and gross motor control will be impaired.
• 0.20% to 0.29% BAC – You will exhibit severe motor impairment, and may sustain memory blackout or lose consciousness.
• 0.30% BAC or Higher – When an individual’s BAC is 0.3% or higher, they are at risk of alcohol poisoning and severe physical harm.

Arrested for an alcohol-related crime in Las Vegas? Call De Castroverde Law Group for experienced representation and visit our DUI Defense section for more information. 

When is Drunk Driving a Felony?

Nevada harshly prosecutes all types of DUIs, and in some cases, drunk driving can even be charged as a felony offense. If you are arrested for driving under the influence, you could be charged with a felony if:

• You were convicted of drunk driving twice in the past 7 years
• You were previously convicted of felony DUI
• In the course of driving under the influence you seriously injured a victim or caused a fatality

What are the penalties for felony DUI?

If you are convicted of felony DUI, your penalties will be based upon the factors involved in your offense.  Below is an overview of the typical sentences given for felony drunk driving.

Third DUI Offense – Category B Felony

• Incarceration in state prison for 1 to 6 years
• $2,000 to $5,000 in fines
• Installation of a breath interlock device in your car for 1 to 3 years
• License suspension for 3 years

DUI Following a Felony DUI Conviction – Category B Felony

• Incarceration in state prison for 2 to 15 years
• $2,000 to $5,000 in fines

DUI Causing Injury or Death – Category B Felony

• Incarceration in state prison for 2 to 15 years
• Fines of $2,000 to $5,000

If you are charged with DUI causing injury or death and you have already been convicted of drunk driving at least 3 times, your charges will be increased to vehicular homicide, which is a Category A felony. Conviction for vehicular homicide will result in incarceration in state prison for 25 years or life in prison, with the possibility of parole after serving at least 10 years.

If you are charged with felony DUI, it’s important to understand your defense options and to retain an experienced criminal lawyer for your trial. Visit the DUI Defense section on our website for more information.

DUI Checkpoints in Las Vegas

The LVMPD sets up sobriety checkpoints throughout the valley during the holiday season in an effort to catch drunk drivers. DUI checkpoints are unique because they are the exception to the probable cause rule. Although law enforcement officers normally must have probable cause to stop drivers and test them for intoxication, probable cause is not required at sobriety checkpoints, also known as roadblocks. If a person is arrested for drunk driving after being stopped at a checkpoint, their charges could be ruled invalid if the officers did not follow a set of strict guidelines.

Nevada law requires that:

• Checkpoints are set up on a highway where they are clearly visible to oncoming traffic from at least 100 yards away.
• Officers set up a sign with the word “Stop” near the center divider of the highway, and the letters must be big enough and bright enough to be read at least 50 yards away.
• There is at least one flashing red light set up near the checkpoint, and it must be visible to oncoming traffic from at least 100 yards away.
• Warning signs are set up on the side of the highway at least a quarter mile from the checkpoint so that oncoming drivers are notified that a roadblock is up ahead. The signs should be big enough and bright enough to be read by drivers and there should be bright or flashing lights around them to attract attention.

In the event that you are driving during the holidays and see warning signs for a roadblock up ahead, you are allowed to take any available legal detours to avoid going through the checkpoint. For example, you can turn onto a side street to avoid the checkpoint, but you cannot make a sudden U-turn into oncoming traffic to avoid it.

If you were arrested for drunk driving at a checkpoint in the Las Vegas area, it’s important that you retain knowledgeable legal counsel right away. Your attorney can determine if law enforcement followed all requirements for the roadblock and may b

e able to get your charges dropped if they did not.

De Castroverde Law Group fights drunk driving charges for clients throughout Clark County, NV. Visit the DUI Defense section on our website to learn more about your rights and options.