Nevada Court of Appeals upholds decision suppressing statements in DUI case

The Nevada Court of Appeals last week upheld Carson District Judge James Wilson’s decision to throw out statements made by Dave Lucero Jim, Sr., after he was arrested on DUI charges.

Wilson ruled that Jim was in custody when he was questioned and should have been read his Miranda rights.

He was stopped at a convenience store because he looked like someone they were seeking and removed from the store for questioning. He was asked whether he had been drinking and driving and said yes but the high court agreed with Wilson that Jim was never told he wasn’t being arrested. The justices ruled that, “the officer’s treatment of him rendered him in custody for practical purposes.”

They agreed with Wilson that the officers did not meet the burden of “demonstrating that Jim knowingly and intelligently waived his privilege against self-incrimination.”