Yohey v. DEPT. OF MOTOR VEH. & P. SAFETY

OPINION

On November 2, 1979, appellant was convicted in the justice’s court for driving under the influence of intoxicating liquor (DUI) in violation of NRS 484.379. Appellant did not appeal this conviction. Approximately six years and four months later, on March 8, 1986, appellant was again arrested for DUI. At trial, however, the district attorney did not introduce evidence of appellant’s 1979 conviction based on his determination that the 1979 conviction was constitutionally insufficient because appellant was not represented by counsel during the 1979 proceedings. Consequently, on September…