Understanding DUI Charges in Las Vegas Justice Court
If you are arrested for DUI in the unincorporated areas of Clark County, including popular locations like the Las Vegas Strip, your case will likely be handled by the Las Vegas Justice Court. This court has jurisdiction over misdemeanor DUI offenses and handles the preliminary stages for felony DUI cases. Understanding the specific processes, the structure of the court, and what to expect can help you navigate your case more effectively.
Overview of Las Vegas Justice Court
The Las Vegas Justice Court is part of the Clark County Justice Court system and serves the unincorporated areas of Clark County, including the Las Vegas Strip, the airport area, and other surrounding communities. The court handles a wide range of criminal and civil matters, including DUI cases, traffic violations, small claims, and landlord-tenant disputes.
Location and Contact Information
Address: Las Vegas Justice Court is located at 200 Lewis Avenue, Las Vegas, NV 89101. The court is housed in the Regional Justice Center, which is situated in downtown Las Vegas near the intersection of Lewis Avenue and 3rd Street.
Phone Number: For general inquiries, you can contact the court at (702) 671-3201.
Website: For more detailed information about court schedules, case inquiries, and other resources, visit the Las Vegas Justice Court website.
Court Structure and DUI Cases
The Las Vegas Justice Court is organized into several departments, each overseen by an elected justice of the peace. These justices handle various aspects of the court's jurisdiction, including preliminary hearings for felony cases, misdemeanor trials, and arraignments. DUI cases are typically assigned to one department, on a rotating basis. Currently, the majority of DUI related cases are heard in Department 9, with presiding Justice of the Peace, the Hon. Joe Boneventure, Jr.
The docket for DUI and other vehicular cases will consist of:
Misdemeanor DUI Cases:
These cases are typically handled from start to finish in the Las Vegas Justice Court. Misdemeanor DUI charges are generally first and second offenses that do not involve injury or death. The assigned justice of the peace will oversee the arraignment, pre-trial conferences, and trial if necessary.
Felony DUI Cases:
For felony DUI cases, such as those involving a third DUI within seven years or DUIs that result in serious injury or death, the Las Vegas Justice Court handles the initial hearings, including the arraignment and preliminary hearing. If sufficient evidence is found, the case will be transferred to the Clark County District Court for further proceedings.
DUI Related Charges:
These could include other charges within a DUI case, such as being in possession of an open container or a having a firearm in the vehicle while driving under the influence, to DUI related charges such as Felony Child Abuse for having a child in the car while driving intoxicated, or they could be other vehicle related offenses such as speeding tickets, moving violations or reckless driving.
Court Process for DUI Cases
Arraignment:
During the arraignment, the judge will read the charges against you, and you will enter a plea of guilty, not guilty, or no contest. This is a critical stage where having an experienced attorney can help you understand the implications of your plea and potential defense strategies. In fact, when you hire Josh Tomsheck, in most cases he can appear for you at your arraignment date and save you the time, expense and stress of missing work and attending this Court appearance, while making sure your rights are protected and best interests sought.
Preliminary Hearing (for Felony Cases):
In felony DUI cases, the preliminary hearing is where the prosecution must show enough evidence to move forward to trial. The evidence to get the case "bound over" for trial, is a very low standard, called "probable cause." In Nevada, this has been defined as "slight or marginal" evidence. At a Preliminary Hearing, the judge will decide if there is probable cause to believe that a crime was committed and that you were the person who committed it. If so, the Justice Court ceases to have jurisdiction and the case is sent to the Trial Court for Felony offenses, called the District Court.
Trial:
For Misdemeanor offenses, such as first or second offense DUI cases, the Justice Court is the Trial Court. For cases that proceed to trial, the Justice of the Peace (the term for a Justice Court Judge) will preside over the trial, called a "bench trial" as opposed to a Jury Trial where a Jury decides the case. The Court will receive evidence from witnesses, will hear arguments, review evidence, and decide whether the prosecution has proven the charges beyond a reasonable doubt. In misdemeanor cases, the trial is held in the Justice Court as a bench trial, while felony trials occur in the District Court.
Las Vegas Justice Court Facilities and Resources
The Regional Justice Center, where the Las Vegas Justice Court is located, provides various services and facilities:
Self-Help Center: Offers resources for individuals representing themselves, including information on court procedures and filing requirements.
Public Access Terminals: Located within the courthouse, these terminals allow you to search for case information, court calendars, and documents.
Parking: There is limited metered parking around the courthouse, and several nearby parking garages are available for public use.
Potential Penalties for DUI Convictions
The consequences of a DUI conviction include statutory mandatory minimum sentences which include classes, fines and jail time. In the Las Vegas Justice Court there are fees that must be assessed and cannot be waived. These include:
Jail/Prison Time: DUI offenses in Nevada have a minimum sentence of 2 days in jail for first offenses and 10 days in jail for second offenses. As misdemeanors, DUI first and second offenses carry a maximum sentence of 6 months in the County Jail. Felony sentences for DUI related offenses carry much longer sentences, up to 20 years in the Nevada Department of Corrections and are non-probationable, meaning that if convicted you must serve the prison time.
Fines: For a first offense, fines can range from $400 to $1,000. however, when you factor in mandatory Court Costs, Assessments and fees, the minimum fine for a DUI first offense is $685.00 in the Las Vegas Justice Court.
License Revocation: A first-offense DUI results in a 185-day revocation, while a second offense leads to a one-year revocation. For felony DUIs, the revocation period can be even longer. This is a result of a conviction for the criminal offense of DUI and is a collateral consequence of that conviction. This is not to be confused with the potential for an Administrative Revocation with can take place from the DMV, independent of the Criminal case.
Mandatory Programs: Convictions often require DUI school, attendance at a Victim Impact Panel, and sometimes participation in substance abuse treatment programs, drug/alcohol classes and community service.
Breath Interlock Ignition Device (BIID): Installation of a BIID will be required in the event of a license revocation before you can regain driving privileges.
Importance of Legal Representation
Navigating the legal system in Las Vegas Justice Court, especially for a DUI charge, requires a comprehensive understanding of both the law and the court's procedures. An experienced attorney like Josh Tomsheck of the Law Firm of Hofland & Tomsheck can provide invaluable assistance. As a nationally board-certified criminal trial lawyer, Josh has extensive experience handling DUI cases in Nevada. He can help you understand your rights, evaluate the evidence, negotiate with prosecutors, and present a strong defense in court.
Facing DUI charges in Las Vegas Justice Court is a serious matter that can have lasting consequences on your life. Understanding the court's structure, the legal process, and the potential penalties is essential for making informed decisions about your defense. If you have been charged with a DUI in the jurisdiction of the Las Vegas Justice Court, contact attorney Josh Tomsheck at the Law Firm of Hofland & Tomsheck. Call (702) 895-6760 to schedule a consultation and learn how Josh can help protect your rights and your future.
