Frequently Asked Questions

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Nevada Injury FAQ

The below information is provided our lawyers in Las Vegas, NV to provide general information to questions regarding motor vehicle collisions and accidents. The questions refer to the term “accident” as this is the term that insurance companies push through their marketing and one that most individuals use when referring to a motor vehicle incident. However, the reality is that when one party damages another through their negligence or recklessness, it is not an accident, but rather a collision causing injury to another.

Every case is unique and the below answers to general questions and are not intended to provide legal advice for your specific case, but rather general information. For your specific case, we recommend that you contact our office for a no charge initial consultation with our attorneys in Las Vegas at the Drummond Law Firm to review the specific facts and circumstances of your case and get you the appropriate advice for your case.

The Day of The Accident

Call 9-1-1 and they will assess the need for assistance

  • If it’s safe, take a video of the position of the vehicles & a 360 degree video of the entire accident/roadway/location before the vehicles are moved.
  • Do not discuss the accident with the other drivers or witnesses

Write down (or take a photo with your phone):

  • The damage to all vehicles
  • The license plate number and year, make and model of all vehicles
  • The insurance card, driver’s license and telephone numbers of all individuals
  • The name, address, and telephone number of any witnesses to the accident

In Nevada, if the police do not appear at the scene, you must file an accident report yourself with the Department of Motor Vehicles within 10 days after the accident occurred. The form is called an SR-1 and the following attachments must be included with the form:

1. a copy of your insurance that was in effect on the date of the accident for the vehicle involved;
2. an estimate of repairs or a statement of total loss if there was $750 or more in vehicle or property damage (of any one person); and
3. a doctor’s statement of injury for each person injured in your vehicle (if the accident resulted in bodily injury or death).

The SR-1 form can be found at: http://www.dmvnv.com/pdfforms/sr1.pdf

If you are injured you should seek medical treatment as soon as possible. If injured, at a minimum, you should get to a medical professional for a physical evaluation to document any injuries and pain.

Call 9-1-1 and they will assess the need for assistance. If there are no injuries, you may be asked to take the following steps:

  • Pull over out of traffic when it is safe to do so;
  • Take a picture, if it is safe to do so, to visually document the damage;
  • Exchange information with the other driver (SAMPLE drivers exchange information form);
  • Obtain all personal information from the other driver(s) involved, including name, address, phone number, driver’s license number and state of issuance;
  • Obtain insurance information from the other driver(s) including the name of the insurance company, policy number and expiration date of the policy;
  • Obtain the year, make, model and license plate number, including state of issuance of all vehicle(s) involved. Also obtain the name and address of the registered owner and the (VIN) Vehicle Identification Number;
  • Obtain the name(s) and phone number(s) of passengers in the vehicle, along with the name(s) and phone number(s) of any witnesses to the crash;
  • If you have a smartphone, see if your insurance company has an app that you can use to help you gather accident information.
  • Contact your insurance company as soon as possible.

If you are injured you should seek medical treatment as soon as possible. Even if you feel fine after the accident, it’s a good idea for you and the passengers to be evaluated by a doctor. The doctor may recognize injuries that are not apparent to you and some injuries may take a day or two before you feel the pain or realize that your body has suffered trauma. Further, if you are later seeking a claim for injuries suffered as a result of the incident it will be important that the injuries were properly documented by a medical professional and related to the accident.

Do not discuss the accident with the other drivers or witnesses because any and all statements may be misunderstood or attempted to be used against you at a later date. You should give the facts of the incident to law enforcement, however other than exchanging information with the other driver(s), you should refrain from further communications.

Call 9-1-1 and they will assess the need for assistance.

Write down (or take a photo with your phone):

  • The damage to all vehicles.
  • The license plate number and year, make and model of all vehicles.
  • The insurance card, driver’s license and telephone numbers of all individuals.
  • The name, address, and telephone number of any witnesses to the accident.
  • If you have any visible bruising or injury on your body take a number of pictures of your body and the bruising.

Yes, contact your insurance company as soon as possible and provide them the basic facts of the incident. Your own insurance company may ask you to give a detailed statement about the even or injuries that you suffered. It is best to first discuss this with an attorney before giving any detailed statement to your own or the other insurance company.

Medical Treatment

If you are injured you should seek medical treatment as soon as possible. If injured, at a minimum, you should get to a medical professional for a physical evaluation to document any injuries and pain.

If you require medical treatment, we have an extensive network of medical professionals that we work with to ensure that you get the care and treatment that you need. The medical professionals that we work with will treat you on a lien basis where you pay little or no money up front. The medical professionals will then wait until the end of your case to be reimbursed for their bills out of the recovery in your case.

Not everyone can afford a doctor and not everyone has medical insurance. Fortunately, in a Nevada personal injury case, it does not matter whether you have medical insurance or can afford a doctor. To be treated on a lien basis means that your doctor will not require you to have medical insurance or to pay up front or at the time of treatment. Instead, your doctor or other medical provider will treat you and wait to be paid after your personal injury case is completed. In exchange, you will grant the doctor a lien against your recovery in your personal injury case, as a form of security for the doctor so that he or she is assured that they will be paid out of any financial recovery in your case. If you require medical treatment, we have an extensive network of medical professionals that we work with to ensure that you get the care and treatment that you need.

For questions regarding whether medical treatment on a lien is a good option in your case, or the repayment terms of a specific lien, you will need to discuss this matter with our team at the Drummond Law Firm.

Generally, you have to reimburse your health insurance provider out of any recovery you receive for care provided in relationship to an injury. Additionally, state and federal government, health insurance programs and hospitals can assert a claim against your personal injury settlement, as well as for the collection of certain workers compensation benefits.

Your health insurance provider may also issue a lien to your attorney or the other side to recover any money it spends on your personal injury accident treatment. You may be required to pay back these medical expenses. This is a process known as subrogation, whereby insurance providers can seek repayment from your settlement. The extent of the subrogation claim depends upon the language used in the policy and the type of insurance plan that you have. The law on health insurance subrogation is constantly changing and is very fact-specific towards the individual health plan. Iit is wise to hire an attorney to assist in the negotiation and settlement of your injury claim to ensure that all proper lienholders are paid out of the recovery so that they do not try to later go after you personally in an attempt to collect payment or reimbursement for medical treatment.

Repair of My Car

There are 2 options for who will pay to repair your car. The first option is the insurance company of the other driver that was at-fault for the accident. Note that even though the other driver may have been cited as at-fault the insurance company is not required to repair your vehicle if they dispute the liability. If the other insurance denies liability and refuses to pay the property damage, you can have the claim processed through your own insurance company. Do not alter, trade, sell or repair your vehicle while you are waiting for the insurance company (yours or the other) to inspect your vehicle.

If you have collision or comprehensive coverage on your vehicle, you can process the property damage claim through your own insurance. In this case you will be responsible for paying your deductible. Because you would have to pay the deductible, you only want to go through your insurance company if 1) it was a hit-and-run or if the other driver didn’t have insurance, 2) the at-fault insurance company has denied liability and refuses to pay, 3) the other driver doesn’t have enough insurance to pay the full value of your claim, 4) the at-fault insurance company has made an unfair offer to settle the claim. Nevada drivers are only required to carry a minimum of $10,000 for property damage coverage and often times that is not enough, especially in a multiple-vehicle accident.

You are entitled to recover the Fair Market Value of your property damaged or destroyed in the accident. Fair Market Value is what a willing buyer would pay a willing seller for the property immediately before the accident. Factors that go into this determination include the year, make, mileage, previous damage and general condition of your vehicle prior to the accident. Obtaining multiple repair estmates from various auto body shops will give you a good idea on whether or not the claims adjuster is trying to shortchange you on your compensation.

A car owner is entitled to loss of use damages when the owner has lost the use of her personal vehicle as a result of damages to her automobile, whether or not a substitute was obtained, as the owner has suffered compensable inconvenience and deprivation of the right to possess and use her chattel. Loss of use damages may be awarded for the inconvenience of loss of use based on individual circumstances, to which the party can testify. Simply stated, in order to establish loss of use damages, expert testimony is not required. None of the cases involving loss of use damages requires expert testimony to establish value, and courts have permitted the party to testify about rental car rates as long as that person had some basis for the valuation. Loss of use damages may also be awarded for the inconvenience of loss of use based on individual circumstances, to which the party can testify.

Nevada law is clear that “[a] party to a lawsuit may testify as to the value of [their] personal or real property when that value is an issue in the case, and expert testimony is not required.” Further a party may be awarded damages for diminution in value [loss of value to a vehicle because it was repaired] as a party may “present evidence about both the value of her car before and after the accident.” Dugan v. Gotsopoulos, 117 Nev. 285, 22 P.3d 203 (2001).

The fair market value of a vehicle is its value immediately before the accident. The salvage value is its value immediately after the accident. A vehicle is considered a total loss if the repair cost AND salvage value is more than its fair market value. If the vehicle is not a total loss by this standard, then the insurance company will generally pay to have your car repaired.

This is a common source of frustration. You know the accident wasn’t your fault, but the other driver’s insurance company won’t “accept liability” and put you into a rental car. This is usually because the carrier has not been able to contact their insured driver to obtain their version of the accident. The insurance company has a contractual obligation to their insured to investigate prior to paying benefits. Normally this entails getting their driver’s version of events, even in clear liability collisions. The best way to get around this is to get a rental under your own collision policy, if it is covered, or to pay out of pocket for a rental and get reimbursed once liability is accepted.

The insurance companies will normally not place you in a rental unless you have a credit card. This is because the rental agency requires a credit card in order to rent the vehicle. Sometimes a person can get into a rental without a credit card but this occurs only with certain insurance companies and their car rental agencies. Thus, if you do not have a credit card, you may not be able to rent a vehicle.

The insurance company will only rent the vehicle to the owner of the damaged vehicle. For example, if you are in a friend’s car or your parent’s car, the insurance company will only pay for a rental for your friend or parent, not for you.

If your car is damaged, but driveable, then you are only entitled to a rental vehicle when your vehicle is taken to the shop for repairs. You must make sure that the parts are in the repair facility to fix your car. You will not be paid for a rental car while your own vehicle sits waiting for parts to come in.

You will normally be entitled to a rental until the repairs to the vehicle are completed or until the insurance company issues you a payment for the total loss of the vehicle. Generally, this time period is not longer than thirty (30) days. You should also check with your own insurance company to see if you carry rental car coverage as they may provide you a vehicle if the insurance company for the other side does not. If there is a delay in this process, sometimes the insurer will agree to a reasonable extension of the rental to allow for it.

No. You can have your vehicle repaired anywhere you choose. However, the insurance company will only pay what it thinks is the reasonable cost of repair. If the repairs run over price, or additional work is required, the shop will have to get approval from the insurance company to make sure they will be paid for their work. Often it is more convenient to use the insurance company’s approved repair shop because they have an easier time working through these kinds of issues with the carrier.

Client Fee Agreement

We work on a contingency fee basis on injury cases, which means that you do not pay us any up-front fees as we are paid out of the amount of your recovery. Our fees are always fair and reasonable and we will explain in detail up-front how we are paid, and, more importantly, how you will be paid, before we take your case.

We work on a contingency fee basis on injury cases, which means that you do not pay us any up-front fees as we are paid out of the amount of your recovery. In a contingency arrangement, the lawyer agrees to accept a fixed percentage of the recovery, which is the amount finally paid to the client. If you win the case, the lawyer’s fee comes out of the money awarded to you. If you lose, neither you nor the lawyer will get any money, but you will not be required to pay your attorney for the work done on the case. If you lose, you may still be required to pay the attorney’s costs paid in the case, which include the court filing fees, deposition costs and other fees paid out by the attorney’s office on your case.

We believe our fees are always fair and reasonable and we will explain in detail up-front how we are paid, and how you will be paid, before we take your case.

Settlement Negotiations

Every case is different and unique. We must first get you the treatment you need to recover. There are many factors that determine the value of a case including; the amount of your medical bills, the amount of time you were away from work and if any of your injuries are permanent or if you will require medical treatment in the future.

The Nevada Supreme Court has consistently held that any loss actually or proximately caused by the negligence of another can be recovered, including medical and hospital bills, ambulance charges, loss of wages, property repair, replacement costs or loss of use. See Hornwood v. Smith’s Food King No. 1, 107 Nev. 80 (1991). In Nevada “no definite standard or method of calculation is prescribed by law which to fix reasonable compensation for pain and suffering.” See NV Jury Instruction 5PID.2; Canterino v. The Mirage Casino Hotel, 117 Nev. 19, 16 P.3d 415 (2001).

An injured party is also entitled to recover damages for any aggravation of such pre-existing condition or disability proximately resulting from the injury. This is true even if the injured party’s condition made them more susceptible to the possibility of ill effects than a normally healthy person would have been, and even if a normally healthy person probably would not have suffered any substantial injury. 22 AM. JUR. 2d Damages § 791 (2008); Grover C. Dils Medical Center v. Menditto, 121 Nev. 278, 112 P.3d 1093 (2005); Otis Elevator Co. v. Reid, 101 Nev. 515, 706 P.2d 1378 (1985).

Punitive damages are for the losses suffered due to the harm caused by the defendant. Punitive damages are a way of punishing the defendant in a civil lawsuit and are based on the theory that the interests of society and the individual harmed can be met by imposing additional damages on the defendant. Punitive damages are not awarded, or even available, in many injury cases.

In Nevada, for punitive damages to be recovered the law requires clear and convincing evidence that defendant is guilty of oppression, fraud or malice, express or implied. Nevada Revised Statute 42.005(1); Countrywide Home Loans v. Thitchener, 124 Nev. 725, 192 P.3d 243 (2008). Violation of known safety procedures may also give rise to a punitive damages claim to be able to be presented to a jury. In Leslie v. Jones Chemical Co., 92 Nev. 391, 551 P. 2d 234 (1976) the jury awarded plaintiffs punitive damages totalling $250,000 due to the defendant’s conscious disregard of known safety procedures and the Supreme Court of Nevada upheld the verdict based on the violation of known safety procedures.

The most common punitive damage awards in accident cases are where the adverse driver was drunk or under the influence of drugs or narcotics. Nevada Revised Statute 42.010 deals with the punitive damages available for DUI injuries and specifically holds that the normal limitations of punitive damages do not apply to cases of injury after the consumption of alcohol or a controlled substance:

NRS 42.010 Exemplary and punitive damages: Injury caused by operation of vehicle after consumption of alcohol or controlled substance.

1.  In an action for the breach of an obligation, where the defendant caused an injury by the operation of a motor vehicle in violation of NRS 484C.110, 484C.130 or 484C.430 after willfully consuming or using alcohol or another substance, knowing that the defendant would thereafter operate the motor vehicle, the plaintiff, in addition to the compensatory damages, may recover damages for the sake of example and by way of punishing the defendant.

Nevada requires that automobile liability insurance policies carry minimum coverage of $20,000 for bodily injury or death of one person in any one accident; $40,000 for bodily injury or death of two or more persons on any one accident; and $10,000 for injury to or destruction of property of others in any one accident.

Insurance coverage must be validated by an insurance company authorized to do business in the State of Nevada. A Nevada insurance policy must cover all who use the vehicle with permission of owner, even if that user is specifically excluded under the policy. Federated Am. Ins. v. Granillo, 108 Nev. 560, 835 P.2d 803 (1992); NRS §485.3091(1).

You may be able to collect for damages from your own insurance company if you carried medical payments coverage or uninsured or underinsured coverage. It is best to review your specific policy with the Drummond Law Firm to determine if there are specific benefits under your policy that may allow you to collect money damages for your injuries.

The Insurance Research Council (IRC) estimates that 1 driver out of every 7 drivers in the United States is currently uninsured. If the other driver doesn’t have insurance or doesn’t have enough insurance, your uninsured or underinsured (UIM) will help protect you. It can cover the difference between your bills, pain and suffering and the drivers coverage.

Insurance companies doing business in Nevada must offer UM/UIM coverage to an insured that is equal to the limits of bodily injury coverage or UM/UIM coverage will be increased by law to liability limits. See Ippolito v. Liberty Mutual Insurance, 101 Nev. 376, 705 P.2 134 (1985).

Moreover, in Nevada, pursuant to the cases of Mann v. Farmers Ins. Exchange, 108 Nev. 648, 836 P.2d 620 (1992) and Shaw v. Continental Ins. Co., 108 Nev. 928, 840 P.2d 592 (1992) the underlying adverse insurance policies need not be exhausted before UM/UIM claims are required to be paid as the UM/UIM carrier has a duty to fully evaluate the claim even before an adverse payment is made.

Further, pursuant to the Nevada Supreme Court in Maxwell vs. Allstate Insurance Co., 102 Nev. 502, 728 P.2d 812 (1986) any medical payments subrogation/offset clause in an insured’s auto policy are contrary to public policy except to limit double recovery to the insured. In Nevada, generally it would violate public policy to allow an insurer to collect a premium for one type of coverage and then allow the insurer to subrogate its interest, thereby denying the insured his or her benefits.

Medical payments coverage may provide for the reimbursement of medical expenses billed for your injuries related to the subject accident. Many insurance policies have medical payment provisions and provide for reimbursement of $1,000.00 or $5,000.00 for medical bills related to the accident.

Nevada law requires that all casualty insurance policies issued in Nevada to contain medical payment coverage in the amount of $1,000.00, unless there is a written waiver of coverage. Nevada Revised Statute 687B.145(3).

In many instances, the Drummond Law Firm can request that this payment be held on behalf of the client in trust until the case is completed to possibly negotiate the medical bill amount to increase the recovery for the client. This practice is normally authorized pursuant to State Bar of Nevada Ethics Opinion No. 42 (June 24, 2009). As such, it is important that you discuss any medical payment provision with the Drummond Law Firm team prior to submitting a claim to your insurance company, or requesting that a medical provider bill your medical payment coverage directly.

Every personal injury case is unique. A personal injury case can last anywhere from a few months to a few years. A few months is unfortunately not the normal amount, and it is very rare for a personal injury case to take that short of a time frame. Some attorneys advertise that they get “quick” or “fast” recoveries, however oftentimes the insurance companies offer very low amounts of money in the beginning and it takes time through investigation or litigation to learn and communicate the value of your case in order to get them to offer a true, fair, and significant amount of money to pay an injured person of their damages.

Additionally, it is important to make sure that you are fully healed, or know the costs of future medical treatment, before settling. You do not want to settle a case and then later find out that you need future treatment because the adverse party will have likely already been settled and released from the action.

The bottom-line on how quickly the case settles is this: the Drummond Law Firm does not get paid until you get paid. We want to get the money you deserve in your pocket as quickly as possible. We will do everything that we can to move your case along. Unfortunately, insurance companies want to hold onto their money as long as they can, however our goal is to get you the fastest resolution possible.

Trial

When you sue another party, you file a complaint. It is the first document filed with the court that begins the litigation process in your case.

Craig W. Drummond is a highly experienced trial attorney who has tried over 50 jury trials to verdict. Craig will normally remain on as the trial counsel in your case and will proceed with your case through a trial, if necessary. Depending on the facts and circumstances of your case, Craig may bring on an associate counsel to assist at trial. If this happens, Craig will pay the other attorney out of his fee and you will not be charged any additional fees to have additional attorneys fighting for your rights at trial.

Every contested civil case filed in District Court flows through the Alternative Dispute Resolution (“ADR”) Office. The ADR Commissioner examines over 6,500 files each year to determine whether a case remains in District Court or is directed to arbitration or other form of ADR. If the face value of your case is $50,000 or less, the Clark County ADR Commissioner automatically puts your case into a non-binding arbitration program. The purpose of the arbitration program is to provide a simplified procedure for obtaining a prompt and equitable resolution of certain civil matters. See Nevada Arbitration Rule 2.

An arbitrator attorney acts as a judge and hears both sides of the case. They then issue a decision which usually settles the case. However, either side may disagree with the arbitrator’s decision and decide to proceed to a trial. If the value of the case is clearly more than $50,000 from the outset, the attorney can request an Exemption from Arbitration early on in the process to demand a trial in the matter.

Depositions: when the lawyers on each side take testimony under oath from parties and witnesses.

Depositions normally do not take place in courtrooms. Instead, depositions usually take place in attorneys’ office’s conference rooms. The attorneys will ask the witness, or deponent, questions about the facts and events related to the lawsuit with the entire deposition recorded word-for-word by a court reporter. The court reporter is present throughout the session and will produce a typed transcript at a later time. A deposition can also be videotaped and portions may be played at trial. All parties to the case may attend the deposition and a deponent often has his or her attorney present in case any issues arise.

Generally, deposition questions can be broader than what is allowed in court. Attorneys for the deponent or parties to the lawsuit may make objections to some inquiries, but the deponent is usually obligated to answer all proper questions despite objections, which will get ruled on later since judges are not normally present at depositions. The deponent themselves do not ask any questions. He or she only gives answers. A deposition can be as short as fifteen minutes, however generally go 2-3 hours. All depositions are very serious matters and what’s said at a deposition is very important. Deponents should listen to the questions carefully and answer them precisely. Remember, deponents are under oath and if someone lies they could be held liable for the crime of perjury or face other repercussions. The actual text of Nevada Rule of Civil Procedure 30 governing Depositions in Nevada is below:

  1. When Depositions May Be Taken; When Leave Required.
    1. A party may take the testimony of any person, including a party, by deposition upon oral examination without leave of court except as provided in subdivision (a)(2) of this rule. The attendance of witnesses may be compelled by subpoena as provided in Rule 45.
    2. A party must obtain leave of court, which shall be granted to the extent consistent with the principles stated in Rule 26(b)(2), if the person to be examined is confined in prison or if, without the written stipulation of the parties:
      1. the person to be examined already has been deposed in the case; or
      2. a party seeks to take a deposition before the time specified in Rule 26(a), unless the notice contains a certification, with supporting facts, that the person to be examined is expected to leave the state and be unavailable for examination in this state unless deposed before that time.
  2. Notice of Examination: General Requirements; Special Notice; Method of Production of Documents and Things; Deposition of Organization; Deposition by Telephone.
    1. A party desiring to take the deposition of any person upon oral examination shall give reasonable notice, not less than 15 days, in writing to every other party to the action. The notice shall state the time and place for taking the deposition and the name and address of each person to be examined, if known, and, if the name is not known, a general description sufficient to identify the person or the particular class or group to which the person belongs. If a subpoena duces tecum is to be served on the person to be examined, the designation of the materials to be produced as set forth in the subpoena shall be attached to or included in the notice.
    2. The party taking the deposition shall state in the notice the method by which the testimony shall be recorded. Unless the court orders otherwise, it may be recorded by sound, sound-and-visual, or stenographic means, and the party taking the deposition shall bear the cost of the recording. Any party may arrange for a transcription to be made from the recording of a deposition taken by nonstenographic means.
    3. With 5 days’ notice to the deponent and other parties, any party may designate another method to record the deponent’s testimony in addition to the method specified by the person taking the deposition. The additional record or transcript shall be made at that party’s expense unless the court otherwise orders.
    4. Unless otherwise agreed by the parties, a deposition shall be conducted before an officer appointed or designated under Rule 28 and shall begin with a statement on the record by the officer that includes (A) the officer’s name and business address; (B) the date, time and place of the deposition; (C) the name of the deponent; (D) the administration of the oath or affirmation to the deponent; and (E) an identification of all persons present. If the deposition is recorded other than stenographically, the officer shall repeat items (A) through (C) at the beginning of each unit of recorded tape or other recording medium. The appearance or demeanor of deponents or attorneys shall not be distorted through camera or sound-recording techniques. At the end of the deposition, the officer shall state on the record that the deposition is complete and shall set forth any stipulations made by counsel concerning the custody of the transcript or recording and the exhibits, or concerning other pertinent matters.
    5. The notice to a party deponent may be accompanied by a request made in compliance with Rule 34 for the production of documents and tangible things at the taking of the deposition. The procedure of Rule 34 shall apply to the request.
    6. A party may in the party’s notice and in a subpoena name as the deponent a public or private corporation or a partnership or association or governmental agency and describe with reasonable particularity the matters on which examination is requested. In that event, the organization so named shall designate one or more officers, directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each person designated, the matters on which the person will testify. A subpoena shall advise a nonparty organization of its duty to make such a designation. The persons so designated shall testify as to matters known or reasonably available to the organization. This subdivision (b)(6) does not preclude taking a deposition by any other procedure authorized in these rules.
    7. The parties may stipulate, or the court may upon noticed motion order that a deposition be taken by telephone or other remote electronic means. For the purpose of these rules, a deposition taken by telephone is taken at the place where the deponent is to answer the questions propounded. Unless otherwise stipulated by the parties: (A) the party taking the deposition shall arrange for the presence of the officer before whom the deposition will take place; (B) the officer shall be physically present at the place of the deposition; and (C) the party taking the deposition shall make the necessary telephone connections at the time scheduled for the deposition. Nothing in this paragraph shall prevent a party from being physically present at the place of the deposition, at the party’s own expense.
  3. Examination and Cross-Examination; Record of Examination; Oath; Objections.  Examination and cross-examination of witnesses may proceed as permitted at the trial under the provisions of Rule 43(b). The officer before whom the deposition is to be taken shall put the witness on oath or affirmation and shall personally, or by someone acting under the officer’s direction and in the officer’s presence, record the testimony of the witness. The testimony shall be taken stenographically or recorded by any other means ordered in accordance with subdivision (b)(2) of this rule. All objections made at the time of the examination to the qualifications of the officer taking the deposition, to the manner of taking it, to the evidence presented, to the conduct of any party, or to any other aspect of the proceedings, shall be noted by the officer upon the record of the deposition; but the examination shall proceed, with the testimony being taken subject to the objections. In lieu of participating in the oral examination, parties may serve written questions in a sealed envelope on the party taking the deposition and the party taking the deposition shall transmit them to the officer, who shall propound them to the witness and record the answers verbatim.
  4. Duration; Sanction; Motion to Terminate or Limit.
    1. Grounds and Procedure.  At any time during a deposition, the deponent or a party may move to terminate or limit it on the grounds that it is being conducted in bad faith or in a manner that unreasonably annoys, embarrasses, or oppresses the deponent or party. The motion may be filed in the court where the action is pending or, if the action is pending out of the state, where the deposition is taken. If the objecting deponent or party so demands, the deposition must be suspended for the time necessary to obtain an order.
    2. Order.  The court may order that the deposition be terminated or may limit its scope and manner as provided in Rule 26(c). If terminated, the deposition may be resumed only by order of the court where the action is pending.
    3. Award of Expenses.  Rule 37(a)(4) applies to the award of expenses incurred in relation to the motion.
  5. Review by Witness; Changes; Signing.  If requested by the deponent or a party before completion of the deposition, the deponent shall have 30 days after being notified by the officer that the transcript or recording is available in which to review the transcript or recording and, if there are changes in form or substance, to sign a statement reciting such changes and the reasons given by the deponent for making them. The officer shall indicate in the certificate prescribed by subdivision (f)(1) whether any review was requested and, if so, shall append any changes made by the deponent during the period allowed.
  6. Certification by Officer; Exhibits; Copies.
    1. The officer shall certify on the deposition that the witness was duly sworn by the officer and that the deposition is a true record of the testimony given by the witness. This certificate shall be in writing and accompany the record of the deposition. Unless otherwise ordered by the court, the officer shall securely seal the deposition in an envelope indorsed with the title of the action and marked “Deposition of {here insert name of witness}” and shall send it to the party who arranged for the transcript or recording, who shall store it under conditions that will protect it against loss, destruction, tampering, or deterioration. Documents and things produced for inspection during the examination of the witness, shall, upon the request of a party, be marked for identification and annexed to and returned with the deposition, and may be inspected and copied by any party, except that if the person producing the materials desires to retain them the person may (A) offer copies to be marked for identification and annexed to the deposition and to serve thereafter as originals if the person affords to all parties fair opportunity to verify the copies by comparison with the originals, or (B) offer the originals to be marked for identification, after giving to each party an opportunity to inspect and copy them, in which event the materials may then be used in the same manner as if annexed to the deposition. Any party may move for an order that the original be annexed to and returned with the deposition to the court, pending final disposition of the case.
    2. Unless otherwise ordered by the court or agreed by the parties, the officer shall retain stenographic notes of any deposition taken stenographically or a copy of the recording of any deposition taken by another method. Upon payment of reasonable charges therefor, the officer shall furnish a copy of the deposition to any party or to the deponent.
  7. Failure to Attend or to Serve Subpoena; Expenses.
    1. If the party giving the notice of the taking of a deposition fails to attend and proceed therewith and another party attends in person or by attorney pursuant to the notice, the court shall order the party giving the notice to pay to such other party the reasonable expenses incurred by that party and that party’s attorney in attending, including reasonable attorney’s fees, unless good cause be shown.
    2. If the party giving the notice of the taking of a deposition of a witness fails to serve a subpoena upon the witness and the witness because of such failure does not attend, and if another party attends in person or by attorney because that party expects the deposition of that witness to be taken, the court shall order the party giving the notice to pay such other party the reasonable expenses incurred by that party and that party’s attorney in attending, including reasonable attorney’s fees, unless good cause be shown.
  8. Expert Witness Fees.
    1. A party desiring to depose any expert who is to be asked to express an opinion, shall pay the reasonable and customary hourly or daily fee for the actual time consumed in the examination of that expert by the party noticing the deposition. If any other attending party desires to question the witness, that party shall be responsible for the expert’s fee for the actual time consumed in that party’s examination. If requested by the expert before the date of the deposition, the party taking the deposition of an expert shall tender the expert’s fee based on the anticipated length of that party’s examination of the witness. If the deposition of the expert takes longer than anticipated, any party responsible for any additional fee shall pay the balance of that expert’s fee within 30 days of receipt of a statement from the expert. Any party identifying an expert whom that party expects to call at trial is responsible for any fee charged by the expert for preparing for and reviewing the deposition.
    2. If a party desiring to take the deposition of an expert witness pursuant to this subdivision deems that the hourly or daily fee of that expert for providing deposition testimony is unreasonable, that party may move for an order setting the compensation of that expert. This motion shall be accompanied by an affidavit stating facts showing a reasonable and good faith attempt at an informal resolution of any issue presented by the motion. Notice of this motion shall be given to the expert. The court shall set the fee of the expert for providing deposition testimony if it determines that the fee demanded by that expert is unreasonable. The court may impose a sanction pursuant to Rule 37 against any party who does not prevail, and in favor of any party who does prevail, on a motion to set expert witness fee, providing the prevailing party has engaged in a reasonable and good faith attempt at an informal resolution of any issues presented by the motion.

There are several phases of discovery. Discovery is the process by which opponents in a lawsuit get information from each other to establish facts in the case. The process of discovery and intermittent court appearances can take months and even years.

Discovery includes written questions and answers being exchanged, as well as depositions where parties and witnesses testify under oath. The process allows both sides to gather all of the relevant information that they can prior to trial. In Nevada, discovery is regulated by both the District Court Judge and the Discovery Commissioner who all attempt to protect the rights of both sides.

During discovery, the Drummond Law Firm team will draft all discovery requests, responses and if you are deposed, Mr. Drummond or his team will be present at the deposition to protect you and to protect your rights.

Request for admissions are a part of the discovery process. It is a list of questions which the answering party must admit, deny or state why they can’t admit or deny. Pursuant to Nevada Rule of Civil Procedure 36(b), at trial “any matter admitted under this rule is conclusively established…” Getting a straight answer will be important so that the Defendant does not try to skirt away, or evasively deny facts at trial and then argue to the effect of “well, that is not what I really meant…”

A refusal to admit without specific denial or detailed reasons why a party cannot truthfully admit or deny, is the equivalent of and admission. If the truth can be ascertained by reasonable inquiry, the responder must admit or deny. Dodd v. Cowgill, 85 Nev. 705, 463 P.2d 482 (1969).

The actual text of Nevada Rule of Civil Procedure 36 governing Requests for Admission is below:

  1. Request for Admission.  A party may serve upon any other party a written request for the admission, for purposes of the pending action only, of the truth of any matters within the scope of Rule 26(b) set forth in the request that relate to statements or opinions of fact or of the application of law to fact, including the genuineness of any documents described in the request. Copies of documents shall be served with the request unless they have been or are otherwise furnished or made available for inspection and copying. Without leave of court or written stipulation, requests for admission may not be served before the time specified in Rule 26(a). Each matter of which an admission is requested shall be separately set forth. The matter is admitted unless, within 30 days after service of the request, or within such shorter or longer time as the court may allow, or the parties may agree to in writing, subject to Rule 29, the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter, signed by the party or by the party’s attorney. If objection is made, the reasons therefor shall be stated. The answer shall specifically deny the matter or set forth in detail the reasons why the answering party cannot truthfully admit or deny the matter. A denial shall fairly meet the substance of the requested admission, and when good faith requires that a party qualify an answer or deny only a part of the matter of which an admission is requested, the party shall specify so much of it as is true and qualify or deny the remainder. An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless the party states that the party has made reasonable inquiry and that the information known or readily obtainable by the party is insufficient to enable the party to admit or deny. A party who considers that a matter of which an admission has been requested presents a genuine issue for trial may not, on that ground alone, object to the request; the party may, subject to the provisions of Rule 37(c), deny the matter or set forth reasons why the party cannot admit or deny it. The answer shall first set forth each request for admission made, followed by the answer or response of the party. The party who has requested the admissions may move to determine the sufficiency of the answers or objections. Unless the court determines that an objection is justified, it shall order that an answer be served. If the court determines that an answer does not comply with the requirements of this rule, it may order either that the matter is admitted or that an amended answer be served. The court may, in lieu of these orders, determine that final disposition of the request be made at a pretrial conference or at a designated time prior to trial. The provisions of Rule 37(a)(4) apply to the award of expenses incurred in relation to the motion.
  2. Effect of Admission. Any matter admitted under this rule is conclusively established unless the court on motion permits withdrawal or amendment of the admission. Subject to the provisions of Rule 16 governing amendment of a pretrial order, the court may permit withdrawal or amendment when the presentation of the merits of the action will be subserved thereby and the party who obtained the admission fails to satisfy the court that withdrawal or amendment will prejudice that party in maintaining the action or defense on the merits. Any admission made by a party under this rule is for the purpose of the pending action only and is not an admission for any other purpose nor may it be used against the party in any other proceeding.
  3. Number of Requests for Admissions.  No party shall serve upon any other single party to an action more than 40 requests for admissions that do not relate to the genuineness of documents, in which subparts of requests shall count as separate requests, without first obtaining a written stipulation, subject to Rule 29, of such party to additional requests or obtaining an order of the court upon a showing of good cause granting leave to serve a specific number of additional requests.The number of requests for admission of the genuineness of documents is not limited except as justice requires to protect the responding party from annoyance, oppression, or undue burden and expense

Interrogatories are written questions asked by the adverse party. These are a formal set of written questions that are required to be answered in order to clarify matters of fact and help determine what facts will be presented at trial. The goal of written Interrogatories is to obtain relevant and specific information about individual facts of the case. Only parties to an action respond to interrogatories. Parties must answer the questions under oath and when completed sign a “Verification” attesting to the accuracy of the answers.

The number and types of questions allowable are limited by Nevada Rule of Civil Procedure 33(a), which states that: “any party may serve upon any other party written interrogatories, not exceeding 40 in number including all discrete subparts.”

The Drummond Law Firm team will prepare Interrogatories in your case to the other side and will prepare and review all answers to Interrogatories on your behalf in response.

The actual text of Nevada Rule of Civil Procedure 33 governing Interrogatories is below:

  1. Availability.  Without leave of court or written stipulation, any party may serve upon any other party written interrogatories, not exceeding 40 in number including all discrete subparts, to be answered by the party served or, if the party served is a public or private corporation or a partnership or association or governmental agency, by any officer or agent, who shall furnish such information as is available to the party. Leave to serve additional interrogatories shall be granted to the extent consistent with the principles of Rule 26(b)(2). Without leave of court or written stipulation, interrogatories may not be served before the time specified in Rule 26(a).
  2. Answers and Objections.
    1. Each interrogatory shall be answered separately and fully in writing under oath, unless it is objected to, in which event the objecting party shall state the reasons for objection and shall answer to the extent the interrogatory is not objectionable. The answers shall first set forth each interrogatory asked, followed by the answer or response of the party.
    2. The answers are to be signed by the person making them, and the objections signed by the attorney making them.
    3. All grounds for an objection to an interrogatory shall be stated with specificity. Any ground not stated in a timely objection is waived unless the party’s failure to object is excused by the court for good cause shown.
    4. The party submitting the interrogatories may move for an order under Rule 37(a) with respect to any objection to or other failure to answer an interrogatory.
  3. Scope; Use at Trial.  Interrogatories may relate to any matters which can be inquired into under Rule 26(b), and the answers may be used to the extent permitted by the rules of evidence. An interrogatory otherwise proper is not necessarily objectionable merely because an answer to the interrogatory involves an opinion or contention that relates to fact or the application of law to fact, but the court may order that such an interrogatory need not be answered until after designated discovery has been completed or until a pretrial conference or other later time.
  4. Option to Produce Business Records.  Where the answer to an interrogatory may be derived or ascertained from the business records of the party upon whom the interrogatory has been served or from an examination, audit or inspection of such business records, including a compilation, abstract or summary thereof, and the burden of deriving or ascertaining the answer is substantially the same for the party serving the interrogatory as for the party served, it is a sufficient answer to such interrogatory to specify the records from which the answer may be derived or ascertained and to afford to the party serving the interrogatory reasonable opportunity to examine, audit or inspect such records and to make copies, compilations, abstracts or summaries. A specification shall be in sufficient detail to permit the interrogating party to locate and to identify, as readily as can the party served, the records from which the answer may be ascertained.

Requests for Production are requests by the adverse party for written or physical evidence in the case. It may be a request to copy and produce records, or a request to review a physical item. In Nevada, during the discovery phase of litigation, a party to a lawsuit may request that another party provide any documents that it has that pertain to the subject matter of the lawsuit. Generally, these are reports, medical records, pictures, diagrams, statements and other documents directly related to the case.

The rule governing Requests for Production is found in Nevada Rule of Civil Procedure 34 and the specific text of the rule is as follows:

  1. Scope.  Any party may serve on any other party a request (1) to produce and permit the party making the request, or someone acting on the requestor’s behalf, to inspect and copy, any designated documents (including writings, drawings, graphs, charts, photographs, phonorecords, and other data compilations from which information can be obtained, translated, if necessary, by the respondent through detection devices into reasonably usable form), or to inspect and copy, test, or sample any tangible things which constitute or contain matters within the scope of Rule 26(b) and which are in the possession, custody or control of the party upon whom the request is served; or (2) to permit entry upon designated land or other property in the possession or control of the party upon whom the request is served for the purpose of inspection and measuring, surveying, photographing, testing, or sampling the property or any designated object or operation thereon, within the scope of Rule 26(b).
  2. Procedure.  The request shall set forth the items to be inspected either by individual item or by category, and describe each item and category with reasonable particularity. The request shall specify a reasonable time, place, and manner of making the inspection and performing the related acts. Without leave of court or written stipulation, a request may not be served before the time specified in Rule 26(a). The party upon whom the request is served shall serve a written response within 30 days after the service of the request. A shorter or longer time may be directed by the court or, in absence of such an order, agreed to in writing by the parties subject to Rule 29. The response shall state, with respect to each item or category, that inspection and related activities will be permitted as requested, unless the request is objected to, in which event the reasons for objection shall be stated. If objection is made to part of an item or category, the part shall be specified and inspection permitted of the remaining parts. The response shall first set forth each request for production made, followed by the answer or objections thereto. The party submitting the request may move for an order under Rule 37(a) with respect to any objection to or other failure to respond to the request or any part thereof, or any failure to permit inspection as requested. A party who produces documents for inspection shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the request.
  3. Persons Not Parties.  A person not a party to the action may be compelled to produce documents and things or to submit to an inspection as provided in Rule 45.
  4. Expenses of Copying.  The party requesting that documents be copied must pay the reasonable cost therefor and the court may, upon such terms as are just, direct the respondent to copy the documents.

Every case is different. Some cases settle in a few months after the injury while others can take years.

If a Judge or Jury rules in your favor, or if you obtain a Default Judgment, then a Judgment for a specific amount plus Court costs and interest will be entered. A Civil judgment is the final order of a court in a civil lawsuit. A civil judgment will include a declaration of rights and responsibilities, a finding that one party owes money to the other, or could be many things depending on the facts and circumstances of the case. A valid judgment resolves all the contested issues and terminates the lawsuit. It states who wins the case and what remedies the winner is awarded. Civil remedies include money damages, injunctive relief, or both. Further, depending on the facts and circumstances of your case, the other side may be required to pay you your attorney’s fees and this process takes time with motions and hearings regarding the allowed costs and attorney’s fees in your case. Additionally, it is likely that the medical bills and other expenses need to be verified, possibly reduced or negotiated, and the funds to clear and all of this, unfortunately, may take many months.

Even with a Judgment you may not automatically get paid. If the other party or their insurance company does not voluntarily pay the amount of the judgment to you, you must then take steps to enforce or collect on the judgment.

If you win at trial you should discuss your case with the Drummond Law Firm team to determine how quickly you will be paid and the matter fully closed.

DUI FAQs

If you have been arrested for a DUI, you are likely worried and unsure about how to proceed. Any type of DUI charge is a serious matter that, if not handled correctly, can result in long-term consequences. Here are some commonly asked questions that might help. However, it’s best to consult a DUI lawyer. At the Drummond Law Firm, we can help ensure you receive the best outcome possible.

According to Nevada’s implied consent law, if you drive under the influence of drugs or alcohol and then get behind the wheel of a car, you are consenting to a sobriety test at the police in the event you are legally stopped by the police. In most cases if you are completely sober, it’s best to submit to the breathalyzer test as this may avoid an arrest. However, if you have been drinking then it may not be in your best interest to submit to a breathalyzer test at the scene of the stop. The portable breathalyzer test (PBT) machine is very inaccurate and if you have any alcohol at all in your system you will likely be arrested soon after blowing into the PBT. If at the police station you decide not to blow in the machine and instead choose a blood or urine test, just know that if you have controlled substances in your body those more complex tests can reveal those substances, which can result in other consequences.

There are many instances in which it would be beneficial to you and your case to dispute the results of the breathalyzer.  When people are pulled over and given a breathalyzer test, they don’t always pay attention to details that can be uncovered later. Plus, most drivers aren’t fully aware of the problems that can occur with faulty sobriety tests and inaccurate procedures. If something was wrong in your breathalyzer test, disputing the results can make a huge difference in the outcome of your DUI case.

Law enforcement officers cannot just pull over drivers randomly at will. According to Nevada law, the officer must have probable cause before stopping you; otherwise, it’s an unlawful police stop. This can mean swerving, driving erratically, or ignoring traffic signs. You can be charged with a DUI even if you are pulled over for something unrelated. Your lawyer can help you determine if your charge was a result of an unlawful police stop.

First time DUI offenders are often treated differently than those who have had multiple offenses. The process is often referred to as the first-time DUI offender program but requires the assistance of a qualified DUI lawyer to ensure you get the best results for your situation. If this is your first offense, you may be able to get your charge lowered, and the penalties decreased, which can make a difference in the consequences afterward. It may seem like a simple first offense, but it is crucial you have a lawyer on your side to help you through it.

Driver’s license suspension and revocation are common consequences of DUI charges, sometimes for months or even years. This can be detrimental to your ability to get to work or school, and affect your life and your family’s life negatively for years. If you have lost your license or your driving privileges have been limited due to a DUI, we may be able to help you get your license back. This possibility, however, is based on your individual circumstances and require the assistance of qualified DUI lawyers. Even if you aren’t currently being charged with a DUI, it’s worth looking into whether we can help you get your license reinstated.

Although in some cases, the DUI charge is dismissed, it takes a qualified attorney to investigate and determine if this is possible in your particular case. There is also no guarantee that any attorney can get your charge lessened or decreased. Generally, it takes seven years from the date that a DUI case is closed to even begin the record sealing process. However, it is important to hire an attorney early in your case to ensure that your side is heard and that all angles are examined to make sure you have received the fairest charge possible. If you don’t believe you should have received your DUI charge, or you think it should have been a lesser charge, call us for a consultation.

As with most legal cases, the timeframe is dependent on many factors. A DUI could take from months to over a year to resolve. Even if you plead guilty, your case could remain open until the sentencing phase is completed. This is not including the consequences of your charge, which could affect you for years after the arrest. It’s worth checking with a DUI lawyer to get an estimate of the projected timeframe from the time when you are arrested to when the case will be resolved.

If you are convicted, even though it’s your first offense, you could face severe penalties. These penalties may include jail time for up to 6 months, community service, fines up to $1,000, and driver’s license revocation for at least 90 days. You could also be required to attend DUI school and may have to attend a substance abuse treatment program as well.

Under Nevada law NRS 484C.400 the below are the minimum penalties for a first time DUI.

First Offense
There are certain mandatory minimum penalties for a first offense, as follows:
1. A minimum fine of $400;
2. 48 hours in jail or 48 to 96 hours of community service;
3. Attendance at a course on the abuse of alcohol or drugs (said course must be approved by the DPS);
4. Attendance at a victim impact panel.

If the convicted defendant had a blood alcohol level of 0.18 or more, then the defendant must have an alcohol evaluation done pursuant to NRS 484C.360 to determine if he would benefit from additional alcohol counseling. A defendant under the age of 21 must also have an alcohol evaluation done regardless of his blood alcohol level. NRS 484C.350(2).

There are certain mandatory minimum penalties for a DUI second offense, as follows:
1. A minimum fine of $750;
2. 10 days in jail or 10 days of house arrest;
3. Attendance at a victim impact panel;
4. An alcohol evaluation and possible additional counseling (Note that for a second offense an evaluation is mandatory regardless of the defendant’s alcohol level. NRS 484C.400);
5. Suspension of the defendant’s vehicle registration for five days. NRS 484C.520.

Often, people think if they’re facing their second or third DUI that they don’t have any options. The penalties of a DUI, no matter whether it’s your first offense, or one of many, can be life-changing and affect you for years after the arrest. If you’ve had other DUI’s in the past, you face jail time up to 6 months or prison for at least a year. You also face thousands of dollars in fines, community service, car registration and license suspension, driver’s license revocation for as long as 3 years, and requirements to attend substance-abuse treatment programs and clinical supervision. A DUI charge is a very serious charge not to be taken lightly, but it is not hopeless.

DUIs can lead to severe consequences that affect your life for years. You have too much to lose to attempt to navigate the process alone without consulting a lawyer who may be able to get your charges lowered with less severe penalties. A qualified DUI attorney can look at the details of your case and let you know if you have other options, as well as the best way to move forward. Make sure you have someone experienced with DUIs and the court system on your side, representing your best interests throughout. At the Drummond Law Firm we have helped many clients with DUI charges, give us a call for a free consultation.

The DMV hearing is just one part of the DUI process requiring the assistance of a DUI lawyer. At this hearing, the DMV decides if your license should be suspended for the DUI. Your lawyer can attend this hearing and present evidence that helps you keep your driving privileges or reduce the consequences of the charge.

In certain cases where the driver’s license is suspended or revoked, your attorney can request that you are permitted to drive to and from work. If it is your first DUI you can normally request a permit to drive to and from work or school after 45 days.

The DMV will revoke a person’s driver’s license for 90 days upon conviction of a First Offense DUI or for 1 year upon conviction of a Second Offense DUI. This is done in separate administrative proceedings and is not made as part of the criminal case or Judge. If your license is suspended and you drive you will likely be convicted of driving with a revoked license and in additional to criminal charges your license will then be revoked by the DMV for an additional year. To reinstate one’s license again, the driver must pay DMV a reinstatement fee, take tests again, and provide proof of insurance for three consecutive years (SR22).  Reinstatement of driving privileges is governed by DMV regulations.

It’s important to make sure you have an experienced lawyer on your side to make sure you can still get to work or school after your DUI charge.

Las Vegas is well-known for being popular among tourists, which means you could end up with a DUI charge while on vacation. Even if you don’t live in Nevada, you need a qualified DUI lawyer who is familiar with the laws there to ensure your case is managed appropriately. Keep in mind, however, that the charge does not go away simply because your vacation ended.

A common myth with DUI charges is that if you are guilty, there’s nothing you can do. A DUI lawyer can analyze all of the evidence and the specific facts and circumstances of your case and often help get the charges and penalties lowered, even if you were drinking and driving. Speak with a Nevada lawyer to find out if you have other options besides just accepting the charges and penalties.

If you get a DUI while driving on a commercial driver’s license, you could face a CDL DUI. This charge may result in severe consequences as well as the loss of the ability to work or keep your CDL privileges. Because commercial drivers are held to higher standards, you could also end up in jail. This is one of the most important times to have a strong legal team in your corner.

Although common, sobriety tests aren’t perfect measurements of sobriety. Breathalyzer, blood, and urine tests can malfunction and provide false results. Plus, breathalyzers and other equipment can be tainted or improperly maintained, and if a technician does not follow proper procedure, can result in incorrect readings.

Driving is causing a vehicle to go in one direction or stand still. Although no Nevada case or statute has defined driving, several other states have addressed driving in the context of a coasting car or an inoperable car.

In addition to driving, an impaired driver may be in actual physical control of a vehicle. Unfortunately, the law relating to actual physical control is complicated in the State of Nevada. The reason for this is NRS 484C.110 fails to define actual physical control and several decisions from the Nevada Supreme Court have left the actual physical control law almost incomprehensible.

The main case in Nevada dealing specifically with actual physical control is Rogers v. State, 105 Nev. 230, 773 P.2d 1226 (1989). In Rogers, the Court defined “physical control” as follows: “[W]e conclude that a person is in actual physical control when the person has existing or present bodily restraint, directing influence, domination or regulation of the vehicle. In deciding whether someone has existing or present restraint, directing influence, domination or regulation of a vehicle, the trier of fact must weigh a number of considerations, including where, and in what position, the person is found in the vehicle; whether the vehicle’s engine is running or not; whether the occupant is awake or asleep; whether, if the person is apprehended at night, the vehicle’s lights are on; the location of the vehicle’s keys; whether the person was trying to move the vehicle or moved the vehicle; whether the property on which the vehicle is located is public or private; and whether the person must, of necessity, have driven to the location where apprehended.”

There may be issues in your case as to whether you were driving or in actual physical control. Give us a call

today to discuss the circumstances of your case.

A defendant who drives while impaired and causes death or substantial bodily harm to another person is guilty of a felony DUI. While many of the elements of a misdemeanor and felony DUI are identical, there are some important distinctions. If you get a DUI and caused death or serious bodily injury to another person the law requires that you “shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years.”

The felony DUI statute is found in 484C.430 , which provides:

1. Unless a greater penalty is provided pursuant to NRS 484C.130 and 484C.440, a person who:
(a) Is under the influence of intoxicating liquor;
(b) Has a concentration of alcohol of 0.08 or more in his blood or breath;
(c) 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 blood or breath;
(d) Is under the influence of a controlled substance or is under the combined influence of intoxicating liquor and a controlled substance;
(e) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely driving or exercising actual physical control of a vehicle; or
(f) Has a prohibited substance in his blood or urine in an amount that is equal to or greater than the amount set forth in NRS 484C.130 and 484C.440, and does any act or neglects any duty imposed by law while driving or in actual physical control of any vehicle on or off the highways of this State, if the act or neglect of duty proximately causes the death of, or substantial bodily harm to, a person other than himself, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years and must be further punished by a fine of not less than $2,000 nor more than $5000.

It’s important to remember that each case is different, and the answers to your questions may vary according to the circumstances. If you have been charged with a DUI contact us online immediately, or call us at (702) 4-LAWYER for a free consultation.