CARSON CITY, Nev. (AP) — A Nevada state court judge has granted a state attorney general request to overturn two felony DUI cases, and state justices granted a separate, lesser charge to a suspect of hindering prosecution.
The Clark County District Attorney’s Office is also requesting an administrative hearing to dismiss one of the cases after a subsequent review of the charging process.
A decision on the cases is being made soon, Chief Deputy District Attorney Daniel Condito said Saturday.
Problems led to the cases not being referred to Nevada Highway Patrol, however. The DUI cases are being reconsidered.
The department has already been contacted about other cases, he said.
Nevada’s most dangerous driving conditions are long stretches of roads in heavily traveled areas such as Interstate 15 in northern Nevada.“Some of the most serious cases of drunk driving that we deal with involve in-state suspects,” Condito said in a statement. “Some of these folks have done significant time in prison. They’re a risky group of people who have to be identified and considered.”
The expanded charges of driving under the influence and hindering prosecution arose from the cases of an unidentified female driver arrested in March at a rural nursing home and later identified as 23-year-old Taylor Marcyzko of the Las Vegas area.Police stopped her on June 9 on I-15 near Lake Mead after she had failed to stop at a stop sign at a white car in a handicapped space. She said she stopped because she was “going too fast.” Officers found “consistent evidence of alcohol intoxication on the front passenger seat.”
Marcyzko claimed she was pulled over because she was pulled over for driving “below the posted speed limit,” but police claimed the people in the white car pulled her over because they thought the black car was trying to break into her car.
After the speeding ticket was issued, Marcyzko posted a $40,000 bond but was arrested and charged with DUI, a felony.
She then pleaded guilty to three other DUI-related charges. All three were dismissed in June.
Another charge was dismissed after it was determined she had multiple prior driving and other convictions.
Adrian A. Hardy, 40, of the Lake Mead area was taken into custody in August on suspicion of violating the terms of his probation.
Police say Hardy got out of his truck and refused to follow a driver’s order to slow down or yield.
Police accused Hardy of failing to keep his lane following a car that was stopped for a light.
He was then charged with interfering with a police officer and resisting arrest.
But for now, Clark County District Court Judge Ruben Coats dismissed the third charge.
Court records show Hardy admitted driving under the influence of a substance and was given a 35-day suspended jail sentence and six months of probation.
Hardy reportedly drove on a suspended license for 2½ years.
Condito said he would not comment on any aspect of the charge until it is heard in a formal hearing.