Court to rule on attorney’s tactic

Friday, Oct. 8, 1999 | 9:30 a.m.

Las Vegas attorney John Glenn Watkins has gotten DUI charges dismissed in the lower courts by having his clients plead guilty to lesser charges, such as failure to maintain a travel lane. That charge is often filed by law enforcement officers when drivers are pulled over and then arrested on charges of driving under the influence.

Watkins says charges stemming from one incident in such cases constitute a "same offense." As a result, pleading guilty to the one, lesser charge has resulted in rulings the driver can't be prosecuted on the more serious DUI charge because of double jeopardy. Double jeopardy means a person cannot be prosecuted twice for the same offense.

Watkins said in his brief to the panel that a Nevada case, Albitre versus State, says that more than one charge stemming from a single incident in such cases constitutes a "same offense." The argument made by Watkins has been affirmed by some judges and justices of the peace and rejected by others.

The Clark County district attorney's office has objected to the Watkins' tactic, and has asked the Supreme Court to issue a writ reversing lower court rulings supporting Watkins' double jeopardy argument. A reversal would allow the DUI charges to go to trial.

Six separate cases involving the same issues will be heard by the three-justice panel in oral argument on Monday. A ruling will come later.