State v. Smith

OPINION

By the Court,

Gunderson, J.:

This case presents an appeal from a district court order, which granted a writ of mandamus compelling the justice’s court to grant respondent a jury trial in a pending prosecution for driving under the influence (DUI). Because we conclude that respondent has neither a statutory nor a constitutional right to a trial by jury in a DUI prosecution, we reverse.

Given the issues presented in this appeal, few facts need be mentioned. Respondent Smith was charged with driving under the influence of intoxicating liquor, in violation of NRS 484.379. Smith sought a trial…