I Got a DUI What Do I do Now

DUI in Las Vegas and What Will Happen to YOU!

So you ignored the warnings and got caught by the Police with a beyond the limit blood alcohol level.  Here is what happens:

DUI has two distinctly different results: administrative and criminal. The DMV is going to hit you with penalties on you and your license (administrative), and the courts may fine you and press charges (criminal).

The DMV will suspend your license upon your arrest for DUI. To get your license back after both this suspension and the court-imposed suspension have elapsed, you will be required to do the following at the DMV:

• Pay a $65 driver license reinstatement fee.
• Pay a $35 Victims Compensation Civil Penalty.
• Pay a $21.75 driver license application fee.
• Retake the vision and written tests, and possibly also the skills test.
• Have your insurance company file an SR-22 certificate with the DMV for three years.

The above is for the first time; consequences will be much more serious for subsequent offenses.

Note: Requesting the required SR-22 certificate from your insurance company will usually result in your insurance premiums doubling or tripling for those three years. Some insurers don't provide SR-22s and may drop you altogether.

The following are the criminal penalties for DUI convictions.

First conviction:

• Driver license revoked for 90 days. After 45 days, you may be eligible to apply for a restricted license that will enable you to drive to work and back.
• Jail sentence of at least two days and up to six months, or 96 hours of community service.
• Fine of at least $400 and up to $1,000.
• Mandatory attendance at DUI School; average cost is $150 for tuition.
• Attend and pay for a Victim Impact Panel
• Possible order to attend a substance-abuse treatment program.

Second conviction within seven years:

• Driver license revoked for one year. You will not be eligible for a restricted license.
• Jail sentence or home arrest of at least 10 days and up to six months.
• Fine of at least $750 and up to $1,000.
• One hundred to 200 hours of mandatory community service.
• Possible car registration suspension.
• Possible order to attend a substance-abuse treatment program or undergo clinical supervision for up to one year.

Third (or more) conviction within seven years:

• Driver license revoked for three years; you may be eligible for a restricted license under certain circumstances.
• Prison sentence of at least one and up to six years.
• Fine of at least $2,000 and up to $5,000.
• Possible car registration suspension.

DUI causing death or serious injury (even on a first offense):

• Driver license revoked for three years.
• Prison sentence of at least two and up to 20 years.
• Fine of at least $2,000 and up to $5,000.

John E. Cereso, Managing Partner Nevada Law Group on Las Vegas DUI. You don't get lost in our law firm. 
Nevada DUI and Traffic Law Provisions

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Nevada Domestic Partnership Law Benefits Gay and Straight Partners

The Nevada Legislature, after a long time controversy successfully signed the Senate Bill 283, known as the Nevada Domestic Partnership Act of May 2009.

This Act which became effective as of October 1, 2009 permits couples (both straight and gay) who are not married but in a committed relationship to have the same rights as married couples under Nevada law. It is important to note that the Act provides the same rights and benefits of marriage to those that want to be recognized as partners who are of the same sex and also imposes all the responsibilities of a married couple on the registered partners of a domestic partnership.  The sole exception under this law is spousal benefits from employment, which aren’t required to be recognized under the Act.

The main aim of the Act was to help any family unit that has a partnership other than a legally married, opposite sex couple and even separated couple who still live together. Nevada will legally recognize a domestic partnership between any of the above that have willingly entered into an intimate and committed relationship of mutual care.

For those who are willing to register as domestic partners in Nevada, they must meet these requirements listed below:      

• Both parties must have a common residence.                                                                                
• Neither of them must be married except to each other in another jurisdiction.                                               
• They should not be related by blood in any way that would not allow them to be married in Nevada.
• They must be above the age of 18 each.                                                                                                                       
• Both parties should be able to consent to the domestic partnership without anybody’s influence.

Registration is done by filing a notary declaration of domestic partnership application and the actual fees will be paid to the Nevada Secretary of State. For more information, the registration forms are available online for free or you can get forms at the Secretary of State’s Carson City or Las Vegas offices.

Once you are registered with your partner under this Act, you will possess the same rights as imposed on spouses. You will also be subjected to the same obligations and duties under the law and government policies. Furthermore, a domestic partner is entitled to non-discriminatory treatment rights as provided to spouses. Inheritance of properties when a partner dies even without a will, is also among the rights enjoyed by partners. There are also rights related to child custody, child support and adoption.

The Act strictly states that once you are registered, you will become subject to the community property laws that married couples are subject to in Nevada.

Nevada Law Group and John E. Cereso Managing Partner is dedicated to equality and will protect your rights in Las Vegas, Nevada. For more information about John E. Cereso visit his webpage at NevadaLawGroup.com

Thinking of Child Adoption in Nevada

Child Adoption in Nevada is a Vibrant and Dynamic Program

The state has more than its fair share of adoption need and social services struggle to find good homes for the ever increasing need.  Notwithstanding, the State of Nevada is determined to maintain its high standards of suitability screening.  Their stated goal:  “State adoption programs provide safe and permanent homes for children whose birth parents cannot care for them. The programs are child-focused, and designed to recruit and secure the best families available to meet children’s needs”.

There is always a tremendous need for families to adopt special needs children from the foster care system, who are unable to return to their birth families.  Prospective parents willing to adopt special needs kids generally don’t get placed on the waiting list.  Adoption is a rewarding experience but you have to understand that adoptive children come with all the same demands and issues as those who remain in birth families, but you don’t have the benefit of knowing the experience the child had before coming into your orbit.

The criteria for being considered suitable are wide ranging and include: People of any race, religion or no religious preference, those who work outside the home, renters or people who own their own homes, high or low incomes, with or without other children over age 21; however, all applicants must be at least ten years older than the person being adopted, married or single people; however, if married, the spouse must also be a party to the adoption.

The procedure for being cleared to adopt is straight forward and includes: Attendance at an orientation of foster/adoptive parent class, home study, referral and selection of an adoptive family for a particular child through a matching process, visitation and placement of the child with the adoptive family, a minimum of six months of post-placement supervision and support services and court finalization of the adoption.

You must expect to go through the mill a little. The authorities will want to know as much about prospective adoptive parents as possible.  They will take references from people who know you well and carry out a thorough criminal history and Child Abuse/Neglect (CANS) screening.  Not only will the parents undergo this procedure but other adults living in the home also.  There will be interviews and home visits with a social worker and physical examination for the applicants and household members.  The procedures are exhaustive and intrusive because they have to be.  Ultimately the whole procedure is worthwhile and many happy families are created with the adopted children going on to be successful in school, college and university and subsequent careers.

Don't Share Your Las Vegas Divorce on Social Media

Thinking of tweeting what an ass your soon to be ex is? Think again! 

Whenever we sign in to social media sites like Facebook, Twitter, Google+ and LinkedIn, we can easily come across several forums dedicated to those that have just gone through a divorce. The idea of these forums is to give advice, help and emotional support to those that have just gone through the trauma of splitting up with their spouse and are going through the motions of a divorce.

However, our strong advice is that you must not share your Las Vegas divorce on any social media. When you go through a divorce there will undoubtedly be a number of legal avenues that you and your ex-spouse must deal with. Issues such as what assets will be deemed as community property, how much pension has to be shared. Even if you are the breadwinner in a marriage situation, half of what you own in property will be usually given to your spouse in the eyes of Las Vegas legal law.

  

Entering details on social media sites like Facebook or Twitter is not recommended as there could always be legal repercussions for you when you get in front of the judge. The internet and social media are still relatively new to all of us and it still surprises us to learn that just a decade ago, very few people used social media to engage with friends or members. We have become so accustomed in such a short amount of time to live our lives through social media so it goes to say, when you are engaged in a bitter divorce, it is easy to lash out that very second and try to show your friends how badly you are being treated to get instant gratification that you are justified.

Most of are aware of the rules and policies of Facebook and Twitter and for the most part if you don't follow those policies you could be banned by either social media platform.  Most Facebook Friends and Twitter Followers will sympathize with your struggle but really don't appreciate being bombarded with snippy hate comments.  Many don't know how to react yet feel they need to support. But in the eyes of the Las Vegas divorce laws, any tweets of Facebook comments you put online can come back and prove to be detrimental in your fight to gain assets from your failed marriage.

  

What you can and cannot put on social media is very unclear but a good lawyer will find a way to hold any comments you make online at social media sites against you. Whilst it is probably OK to announce to your friends and family that you are now going through a divorce, any further details about your divorce should be left within the four walls of your solicitors offices and your very close friends and family members.

  

Put simply, it just isn’t worth going through the public web feeds of Facebook, LinkedIn, Google+ and Twitter to give any details regarding your Las Vegas divorce.

Las Vegas Divorce Why You Should Avoid Bitterness When Dividing Assets

According to John E. Cereso, Managing Partner Nevada Law Group, "When a couple go through the trauma and upheaval of a divorce, there is still much pain and heated debate surrounding the division of assets to be sorted, and Las Vegas divorce proceedings have all the potential to be problematic." To get the asset division just right and one where all parties can agree upon the final resolution requires extensive knowledge of LasVegas divorce law as well as skill in evaluating any securities, business assets and outstanding pensions.

More often that not during a Las Vegas divorce proceeding, one party may try to conceal assets so an investigation by a Las Vegas divorce lawyer or private detective can often become necessary. One of the main areas of one party's assets lies in property. In the case of community property, for example, any community property acquired through the term of the marriage from either spouse must be split 50/50. This is regardless of which spouse earned the money to pay for the property and who the breadwinner was during the marriage.

But what about property that was owned solely by one partner where a home may have been offered as gift from the other spouse, or even a family member. This is classed as separate property unless it has been converted to community property.  You should consult with a Las Vegas divorce lawyer in order to find out what your community property rights are.

What about the pension funds accrued during the term of the marriage where one spouse works and pays into a pension? In this instance any pension funds accrued while in marriage becomes subject to community property, meaning this must be shared equally between the two.

Liquid assets must also be considered because if one spouse gains full control of the family home, the other spouse must allow for enough money to pay for taxes accrued on the property and other funds and expenses, such as an HOA fee, renting a new home or apartment and having enough money to resettle.

Community property can also include debt that may have accumulated through the term of the marriage. If one spouse has accumulated credit card debt or loan debt then the money owed is considered to be community property and both parties must pay the sum off.

If you are contemplating divorce in Las Vegas Nevada Law Group offers free consultation to discuss all your questions.  Give us a call to talk to an attorney John E. Cereso, Managing Partner today.

Resources for your Divorce:
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