Assemblyman Carrillo cleared of drunken driving conviction

By Cy Ryan

Tuesday, Jan. 26, 2016 | 10:30 p.m.

A judge tossed the drunken driving conviction of Las Vegas Assemblyman Richard Carrillo, who was arrested last February in Carson City.

District Judge James Wilson ruled Tuesday that the blood alcohol test should not have been admitted at Carrillo’s trial in Justice Court in July. The judge also reversed the conviction that Carrillo was in possession of a firearm while he was intoxicated.

Carrillo, a three-term Assembly Democrat, hugged his attorney Larry Dunn after the decision. He did not speak to the media.

Wilson initially ruled that the drunken driving charge should be upheld but said the weapons conviction should be overturned based on the blood alcohol level issue.

Dunn then questioned the judge on how Carrillo could be convicted on one charge but cleared on another count based on the same blood test issue.

The judge then acquitted Carrillo on both counts.

Carrillo tested 0.10 and the legal limit is 0.08. But Dunn argued the person testing the blood relied on information by associates. He said there was no testimony that the person actually did the testing.

Judge Wilson said the state failed to prove in the Justice Court trial that the person who reported the results of the test never did the testing personally but relied on the information of others.

Dunn had appealed the decision of Justice of the Peace John Tatro, who fined Carrillo $800, ordered 42 hours of community service and give up guns for one year.

Carrillo, 48, was arrested the morning of Feb. 27 when found asleep in his car with the motor running. He initially refused a blood alcohol test at the site but consented to one at the sheriff’s office.

The analysis by the Washoe County Sheriff’s office showed the level was 0.10.

But Judge Wilson ruled that the person who testified in Justice Court about the results of the testing relied on the information submitted by others and did not remember doing the test.