Opinion
No. 67971
09-25-2015
IN THE MATTER OF DISCIPLINE OF BRENT D. PERCIVAL, BAR NO. 3656.
cc: Bar Counsel, State Bar of Nevada Brent D. Percival
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER DECLINING TO IMPOSE TEMPORARY SUSPENSION
This is a petition by bar counsel under SCR 111(4) concerning attorney Brent D. Percival, based on Percival's conviction in Las Vegas Township Justice Court, pursuant to a nolo contendere plea, of one count of first-offense driving under the influence, a misdemeanor. Percival informed bar counsel of his conviction. See SCR 111(2). Because Percival's conviction is not one of those specifically enumerated in SCR 111(6) as a "serious" crime, temporary suspension and referral to the disciplinary board are discretionary with this court. SCR 111(9).
Two other charges were dismissed—one for leaving the scene of an accident, and one for failure to yield to a bicycle. --------
Although the seriousness of drinking and driving cannot be minimized, first-offense driving under the influence is not the type of offense for which professional discipline is typically imposed. 2 Geoffrey C. Hazard, Jr. & W. William Hodes, The Law of Lawyering § 69.04 (4th ed. 2015); In the Matter of Respondent I, 2 Cal. State Bar Ct. Rptr. 260, 266 n.6, 272 (Rev. Dept. 1993). Accordingly, having considered the petition and supporting documentation, we conclude that Percival's offense does not warrant the imposition of a temporary suspension or referral to the disciplinary board at this time.
It is so ORDERED.
/s/_________, J.
Parraguirre
/s/_________, J.
Douglas
/s/_________, J.
Cherry
cc: Bar Counsel, State Bar of Nevada
Brent D. Percival