Vegas Law



Vegas Lawyer

(702) 388-1229



Nevada Injury Law

Wrongful Death | Car Accident | Slip & Fall | Malpractice | Product Defect | Other Claims

Las Vegas Inury Lawyer
Las Vegas Injury Lawyer





Vegas Law

r a license, permit or privilege to drive following an order of revocation issued pursuant to NRS 484.385, he may request in writing a hearing by the Department to review the order of revocation, but he is only entitled to one hearing. The hearing must be conducted within 15 days after receipt of the request, or as soon thereafter as is practicable, in the county where the requester resides unless the parties agree otherwise. The Director or his agent may issue subpoenas for the attendance of witnesses and the production of relevant books and papers and may require a reexamination of the requester. The Department shall issue an additional temporary license for a period which is sufficient to complete the administrative review. 2. The scope of the hearing must be limited to the issue of whether the person, at the time of the test, had a concentration of alcohol of 0.10 or more in his blood or breath or a detectable amount of a prohibited substance in his blood or urine. Upon an affirmative finding on this issue, the Department shall affirm the order of revocation. Otherwise, the order of revocation must be rescinded. 3. If, after the hearing, the order of revocation is affirmed, the person whose license, privilege or permit has been revoked is entitled to a review of the same issues in district court in the same manner as provided by chapter 233B of NRS. The court shall notify the Department upon the issuance of a stay, and the Department shall issue an additional temporary license for a period which is sufficient to complete the review. 4. If a hearing officer grants a continuance of a hearing at the request of the person whose license was revoked, or a court does so after issuing a stay of the revocation, the officer or court shall notify the Department, and the Department shall cancel the temporary license and notify the holder by mailing the order of cancellation to his last known address. (Added to NRS by 1969, 594; A 1971, 83; 1973, 485, 1504; 1975, 1463; 1981, 85; 1983, 1077; 1985, 1949; 1987, 1456; 1989, 1655; 1991, 1590; 1995, 1887; 1999, 2457, 3427; 2001, 172; 2003, 2562, effective on the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State) NRS 484.388 Committee on Testing for Intoxication: Creation; appointment and qualifications of members; meetings; quorum; appeal from decision of Committee. 1. There is hereby created the Committee on Testing for Intoxication, consisting of five members. 2. The Director of the Department of Public Safety or his delegate is the Chairman of the Committee. The remaining members of the Committee are appointed by the Director and serve at his pleasure. At least three of the members appointed by the Director must be technically qualified in fields related to testing for intoxication. Not more than three members of the Committee may be from any one county. 3. The Committee shall meet at the call of the Director of the Department of Public Safety and as frequently as the Committee deems necessary. Three members of the Committee constitute a quorum. If a member is unable to attend a meeting, he may be represented by an alternate approved by the Director. 4. Any person who is aggrieved by a decision of the Committee may appeal in writing to a hearing officer of the Department of Public Safety. (Added to NRS by 1983, 1911; A 1985, 432, 1950; 2005, 58) NRS 484.3882 Committee on Testing for Intoxication: Certification of breath-testing devices; creation and maintenance of list of such devices; presumption of accuracy and reliability of device; other evidence of concentration of alcohol in breath not precluded. 1. The Committee on Testing for Intoxication shall: (a) In the manner set forth in subsection 2, certify a device that the Committee determines is designed and manufactured to be accurate and reliable for the purpose of testing a person’s breath to determine the concentration of alcohol in the person’s breath; and (b) Create, maintain and make available to the public, free of charge, a list of those devices certified by the Committee, described by manufacturer and type. 2. To determine whether a device is designed and manufactured to be accurate and reliable for the purpose of testing a person’s breath to determine the concentration of alcohol in the person’s breath, the Committee may: (a) Use the list of qualified products meeting the requirements for evidential breath-testing devices of the National Highway Traffic Safety Administration; or (b) Establish its own standards and procedures for evaluating those devices and obtain evaluations of the devices from the Director of the Department of Public Safety or his agent. 3. If such a device has been certified by the Committee to be accurate and reliable pursuant to this section, it is presumed that, as designed and manufactured, the device is accurate and reliable for the purpose of testing a person’s breath to determine the concentration of alcohol in the person’s breath. 4. This section does not preclude the admission of evidence of the concentration of alcohol in a person’s breath where the information is obtained through the use of a device other than one of a type certified by the Committee. (Added to NRS by 1983, 1912; A 1985, 1950; 1993, 2074; 1999, 1033, 2458; 2005, 58) NRS 484.3884 Committee on Testing for Intoxication: Adoption of regulations to prescribe standards and procedures to calibrate breath-testing devices; issuance of certificates by Director of Department of Public Safety. 1. The Committee on Testing for Intoxication shall adopt regulations which: (a) Prescribe standards and procedures for calibrating devices used for testing a person’s breath to determine the concentration of alcohol in the person’s breath. The regulations must specify the period within which a law enforcement agency that uses such a device must calibrate it or have it calibrated by the Director of the Department of Public Safety or his agent. (b) Establish methods for ascertaining the competence of persons to calibrate such devices and provide for the examination and certification of those persons by the Department of Public Safety. A certificate issued by the Department may not be made effective for longer than 3 years. (c) Prescribe the form and contents of records respecting the calibration of such devices which must be kept by a law enforcement agency and any other records respecting the maintenance or operation of those devices which it finds should be kept by such an agency. 2. The Director of the Department of Public Safety shall issue a certificate to any person who is found competent to calibrate such a device or examine others on their competence in that calibration. (Added to NRS by 1983, 1912; A 1985, 1950; 1993, 2075; 1999, 2458; 2005, 59) NRS 484.3886 Committee on Testing for Intoxication: Adoption of regulations for certification of persons to operate device to test concentration in breath; judicial notice; presumption of proper operation; evidence of test performed by others not precluded. 1. The Committee on Testing for Intoxication shall adopt regulations which: (a) Establish methods for ascertaining the competence of persons to: (1) Operate devices for testing a person’s breath to determine the concentration of alcohol in the person’s breath. (2) Examine prospective operators and determine their competence. (b) Provide for certification of operators and examiners by the Department of Public Safety. A certificate issued by the Department may not be made effective for longer than 3 years. A person who is certified as an examiner is presumed to be certified as an operator. 2. The Director of

Vegas Law




Read this important disclaimer

If you experience unusual problems with this site please email the webmaster.

Copyright: David Matheny, 2005-2008.