Family and Community Still Mourn DUI Death of Las Vegas Elementary Student

March 1, 2012
By Parker | Scheer | Lagomarsino on March 1, 2012 11:47 AM |

Family and community are still mourning the loss of Faith Love, a seventh-grader at Rogich Middle School, who was struck and killed while trick-or-treating with friends by a driver charged with driving under the influence (DUI). A memorial near Sahara and Town Center Drive still marks the spot where Love was struck and killed. The memorial also reminds the Las Vegas community that Halloween is the deadliest day of the year for pedestrians.

Forty-one year-old Justin Caramanica, who was driving the car that struck Love, reportedly was speeding. Caramanica was arrested and taken to the Clark County Detention Center after he failed a field sobriety test. According to the arrest report, sobriety tests conducted at the detention center reportedly showed Caramanica was under the influence of alcohol and a prescription medication. Caramanica later reportedly admitted to drinking and taking prescription drugs before he drove that night. Caramanica was arrested on DUI charges.

Though Love and her friends were not in a crosswalk at the time Love was struck, according to the Las Vegas Metropolitan Police, Nevada law refers to implied crosswalks which include pedestrians crossing at corners or intersections.

Love was the second child to lose their life during the Halloween to an alleged drunk driver.

Under Nevada law, for a first DUI offense in Las Vegas, punishment can include:
• 2 days to 6 months in jail OR 24 to 96 hours of community service with a suspended jail sentence of up to 6 months.
• a fine of $400 to $1000, plus court costs.
• 8 hours of DUI school at the driver's own expense.
• mandatory attendance at a Nevada Victim Impact Panel.
• a suspension of your driver's license for 90 days, though a restricted driver's license allowing driving to and from work or in the course of employment can be applied for after 45 days of the suspension has passed.
• installation of an "ignition interlock device" for 3 to 6 months and/or submission to alcohol abuse assessment, if the BAC is .18% or higher.
If a second DUI offense occurs in Las Vegas within 7 years of the first DUI conviction, punishment can include:
• 10 days to 6 months in jail.
• a fine of $750 to $1000, plus court costs.
• 1-200 hours of community service.
• mandatory attendance at a Nevada Victim Impact Panel.
• a suspension of your driver's license for 1 year.
• an Alcohol Assessment Evaluation.
• installation of an "ignition interlock device" for 12 to 36 months and treatment in an alcohol abuse program, if the BAC is .18% or higher.
If a third or more offense occurs within 7 years of the first DUI conviction, the DUI conviction becomes a felony, instead of a misdemeanor for the first two offenses, and punishment can include:
• 1 to 6 years in jail.
• a fine of $2-$5,000, plus court costs.
• mandatory attendance at a Nevada Victim Impact Panel.
• a revocation of one's driver's license for 3 years or more.
• an Alcohol Assessment Evaluation.
• an "ignition interlock device" for 12 to 36 months and treatment in an alcohol abuse program.
When a suspected drunk driver causes injury or death to another person, additional punishment and penalties can apply.


The commentary is for educational and commentary purposes only. If you or someone you know has been arrested for drunk driving or feel your rights have been violated, and would like to be represented by a Nevada attorney, contact our office for a free confidential case review and receive a response within hours. Call Toll Free 866-414-0400.

The posts appearing in this blog are for informational purposes only, and should not be interpreted as providing legal advice, as each matter requires independent legal analysis. Unless otherwise noted, Parker Scheer Lagomarsino is not involved in the representation of any party in any case or other matter discussed on this blog.