A 31-year-old out of state man is facing serious charges after being arrested by local police, sources have said. The man was charged with drunk driving by Nevada police after being pulled over on Interstate 80 on Aug. 2. No court date was reported concerning this case.
According to the report released by Nevada police in Elko County, the man was pulled over on I-80 around 10 miles west of Wells for unspecified reasons. According to the officer on the scene, there were four passengers in the vehicle. One of these passengers was a child, aged 6, who was apparently not wearing a seat belt at the time of the traffic stop.
The man apparently had an open container of alcohol in the car with him at the time, though further information regarding that claim was not forthcoming. The man was subsequently arrested and booked for drunk driving and child endangerment. No mention was made of any roadside sobriety tests being conducted, raising a question as to how it was determined that the man was drunk at the time of the stop.
A drunk driving charge not backed up by empirical evidence of intoxication in the form of a blood test or failed roadside sobriety test might be difficult to prove. Nevada prosecutors will need to provide compelling evidence for their case before any conviction is possible, and the burden of proof remains their responsibility until and unless they can actually prove guilt beyond a reasonable doubt. That legal standard is intentionally set at a high level in order to prevent innocent people from being subjected to wrongful convictions.
Source: lasvegassun.com, “Man faces DUI, child neglect charges in I-80 Nevada stop“, Aug. 5, 2015