Blogs from January, 2021

Whether you are being extremely loud in public or involved in a physical altercation in Nevada, you could be charged with “breaching the peace.” Also known as disturbing the peace, this offense is defined as intentionally or willfully disturbing a person, family, or neighborhood with either loud and strange noises, offensive and tumultuous conduct, threats, or fights or challenges to a fight.

Common examples of breaching the peace in Nevada include:

1. Playing loud music when it is late at night

2. Loudly and repeatedly yelling obscenities or racial slurs

3. Allowing your dog to loudly bark throughout the night

4. Fighting or challenging others to a fight

5. Using language to provoke another person to breach the peace

6. Stumbling on the street while intoxicated

Breaching the peace in Nevada is a misdemeanor, which carries a jail sentence of up to six months and a maximum fine of $1,000. However, if this is a first-time offense and the defendant does not have a significant criminal history, the judge will most likely only order a fine without jail time.

Even though breaching the peace is considered a minor offense, it is imperative to still hire an experienced criminal defense attorney to protect your rights and freedom. In fact, it is not uncommon for a judge to dismiss the entire case, if the defendant wishes to fight the charges against them.

However, if you fail to pay the fine or even appear in court, a judge will likely issue a “bench warrant” for your arrest. If you end up getting arrested, you could be held in custody without bail until your court hearing.

If you or a loved one has recently been arrested for or charged with breaching or disturbing the peace in Reno, contact the Law Offices of Kenneth A. Stover today at (775) 502-1575 for a free consultation. Let our former prosecutor protect your rights and freedom.

In Nevada, a fourth DUI is a Category B felony, which is punishable by imprisonment between two and 15 years, fines ranging from $2,000 to $5,000, and driver’s license revocation for three years. Furthermore, the judge cannot grant probation, rather than imprisonment.

The reason why a fourth DUI in Nevada is a felony is a third DUI (within seven years of the first offense) is an automatic felony. So, if a person is convicted of another DUI following their third offense, it will automatically be charged as a felony.

If a fourth DUI offense involves transporting a child passenger younger than 15 years of age, a conviction will likely result in a sentence on the higher end of the penalty range.

If a fourth DUI offense results in another person’s serious injury, then the crime carries a maximum prison sentence of 20 years. If the offense leads to another person’s death, then the charge is a Category A felony, punishable by life imprisonment.

While defendants facing a third DUI offense are eligible for Felony DUI Court, those facing a fourth DUI are ineligible. Felony DUI Court is an alternative sentencing treatment program that allows participants to enter intensive rehabilitation, instead of serving a prison sentence.

A conviction for a fourth DUI offense in Nevada may never be sealed from a person’s record. However, if the charge was dismissed, record sealing is available immediately.

Due to the seriousness of a fourth DUI offense, it is imperative for defendants to hire an experienced criminal defense attorney to protect their rights and freedom.

If you or a loved one has recently been arrested for a DUI in Reno, contact the Law Offices of Kenneth A. Stover today at (775) 502-1575for a free consultation. Let a former prosecutor defend you inside and outside the courtroom.