Court told ‘games’ played with DUI charges
Tuesday, Oct. 12, 1999 | 10:46 a.m.
CARSON CITY -- A deputy district attorney from Clark County says people charged with drunken driving should not be allowed to have the charge dropped in exchange for pleading guilty to lesser traffic offenses.
"We can't allow defendants to play games like this," Deputy District Attorney Bruce Nelson told the Nevada Supreme Court Monday.
But defense lawyer John Watkins told the court that the game can be played only because prosecutors pile on charges after a person is arrested for drunken driving. Six of his clients, he said, have gone into court and pleaded guilty to the lesser counts, such as speeding or running a red light. And judges then dismissed the drunken driving charges, he said.
The court is expected to rule on the arguments by the end of the year.
Justice Cliff Young, who presided over the three-judge panel, expressed doubts about Watkins' argument that additional charges allow an escape valve for drunken driving suspects.
"That doesn't totally make much sense," Young said.
Watkins argued that prosecutors took a single offense and "chopped it" into multiple charges in an effort to get the suspect to plead guilty. He said he asked the prosecutors to stop that practice and cautioned them he would get his clients out of the drunken driving charge by pleading guilty to the lesser charge.
Nelson told the justices the Legislature never intended to give "carte blanche" to drunken drivers to violate every traffic law and escape with a plea to only one offense. The DUI and traffic laws are in different sections of the statutes and the punishments can be imposed cumulatively, he said.
He gave the example of an assailant who robs a person and then kills the victim. The suspect can be convicted of both crimes, Nelson said.
"If he commits he commits multiple offenses, he should face greater punishment," he said. No state has ruled that DUI and traffic offenses can't be prosecuted at the same time, he added.
archive
Spotlight
- Most Read
- Discussed
- Most E-mailed
- Dina Titus to vote ‘yes’ on health care reform
- The Vegas Channel scam netted woman $200,000, officials say
- 150 birds, dog die in fire at Las Vegas sanctuary
- Report: Men shot by homeowner were looking for items to steal
- Technology is king at the M Resort sports book
- Woman shot to death following dispute at apartment complex
- Harry Reid: ‘No one is stopping’ maglev proposal
- Shelley Berkley says she will support health care bill
- Metro: Have you seen these 2 robbery suspects?
- Driver who ran over man waiting for ambulance accused of DUI
Blogs
The Kats Report
Cowboys Stadium poses Texas-sized threat to Vegas
The Greene Room
Despite MWC missing out on NCAA tourney's second weekend, 2011 will bring similar opportunities
The Kats Report
From Sammy Davis Jr. to Fred Astaire, Rick Faugno has it coverered
Bloggity, Bloggity, Bloggity
NASCAR drivers have memories like elephants
The Greene Room
Well what do you know ... Northern Iowa's done this before (2 Comments)
Rebel on the Road
Tough loss felt by this loyal fan (5 Comments)
Politics: Ralston's Flash
Gibbons, lawmakers go to Supreme Court to try to compel water folks to transfer $62 million to state (4 Comments)
Calendar »
- 21 Sun
- 22 Mon
- 23 Tue
- 24 Wed
- 25 Thu
-
Mariachi Brunch at Cabo Wabo
Cabo Wabo Cantina
-
Pre-White Party party at Revolution
Beatles Revolution Lounge | 10 p.m. to 11:59 p.m.
-
March Model Madness at The Bank
The Bank | 10 p.m. to 11:59 p.m.
-
David Copperfield
MGM Grand Hotel and Casino
The Sun
Locally owned and independent for more than 50 years.
Technorati























