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Winning your DUI Case

Las Vegas Drunk Driving - DUI -Defense Attorney

If you have been charged with driving drunk in Las Vegas, also known as DWI (driving while intoxicated), or DUI (driving under the influence) in Nevada, you are facing some serious penalties.

Drunk driving convictions cost.

Nevada drunk driving penalties - - as defined under Nevada law in Nevada Revised Statutes NRS 484C - - include mandatory fines, classes, an increase in the cost of your insurance, the loss of your driver's license and even jail time. While many people may think “it's just a Misdemeanor,” when considering a drunk driving offense, in actuality, the cost of a DUI offense is staggering. Many experts estimate that the total cost of a first offense DUI conviction, when you factor in costs for towing, bail, alcohol evaluations, required classes, victim impact panels, mandatory fines, court costs, driver's license reinstatement fees and the like, is somewhere between $10,000.00 and $20,000.00. When you include the years of increased costs of auto insurance after a DUI conviction, that cost can double. To put it into perspective, going to jail and losing tens of thousands of dollars means that drunk driving is not “just another misdemeanor” offense that is minor in nature. In fact, any criminal law expert will tell you that DUI cases can be some of the most complicated and complex cases there are. Drunk Driving cases almost always involve multiple Constitutional law issues and expert medical and scientific witnesses utilizing the latest advances in technology. When faced with such issues, it is important to have an experienced LAs Vegas DUI Lawyer on your side to help protect your interests and guide you through the process.  We can help!

Winning Your DUI Case in Nevada: A Guide to Your Defense with Attorney Josh Tomsheck

Facing a DUI charge in Nevada can be a daunting experience. The consequences of a conviction can be severe, impacting your personal life, career, and freedom. However, being charged with a DUI does not automatically mean you will be convicted. With the right defense strategy and an experienced attorney like Josh Tomsheck on your side, there are numerous ways to fight your case and potentially secure a favorable outcome.

Understanding DUI Charges in Nevada

Nevada has some of the strictest DUI laws in the country.  In Nevada you can be charged for DUI at any blood or breath alcohol concentration, as long as there is evidence you are too impaired to safely drive.  If you are found driving with a blood alcohol concentration (BAC) of 0.08% or higher, you will be presumed to be too impaired to drive and will be charged with a per se DUI. For commercial drivers, the limit is 0.04%, and for drivers under 21, it's 0.02%. A DUI charge can also be based on the presence of drugs in your system or impairment due to alcohol or drugs, even if your BAC is below the legal limit.  Likewise you can be charged with a DUI with no alcohol or illegal drug in your system, if you are under the influence of a prescription medication, even if taken pursuant to a doctors direction or for a legitimate medical purpose.  

The penalties for a DUI conviction can range from fines and community service to license suspension and jail time, depending on the severity of the offense and whether it is a first, second, or subsequent charge. With such serious consequences at stake, it's crucial to have a strong legal advocate who understands the complexities of DUI defense.

The Importance of Experience: Josh Tomsheck's Unique Qualifications

When it comes to defending against DUI charges in Nevada, experience matters. Attorney Josh Tomsheck brings a unique set of qualifications that set him apart from other defense lawyers. As a former Chief Deputy District Attorney in Clark County, Nevada, Josh has a deep understanding of how DUI cases are prosecuted. He has seen firsthand how the prosecution builds its cases, what evidence they rely on, and the common mistakes that can be exploited in the defense.

Josh is also a nationally board-certified criminal trial attorney, a recognition held by only a small percentage of lawyers in the United States. This certification demonstrates his expertise and commitment to criminal defense at the highest level. In addition, he is a life member of the National Association of Criminal Defense Lawyers (NACDL), an organization dedicated to ensuring justice and due process for those accused of crimes.

Josh's specialized knowledge in DUI defense is further highlighted by his memberships in the National College for DUI Defense and the DUI Defense Lawyers Association. These affiliations ensure that he is up-to-date on the latest legal developments, scientific research, and defense strategies in DUI cases. With Josh Tomsheck on your side, you have a skilled advocate who knows how to challenge the prosecution's case and fight for the best possible outcome.

Defense Strategies for Winning Your DUI Case

Winning a DUI case in Nevada involves a comprehensive understanding of the law and a strategic approach to defense. Here are some of the common defenses that Josh Tomsheck might employ in your case:

1. Challenging the Traffic Stop

Every DUI case starts with a traffic stop. Josh will scrutinize the legality of the stop to ensure that it was conducted lawfully. If the police lacked reasonable suspicion or probable cause to pull you over, any evidence gathered during the stop could be deemed inadmissible.

2. Questioning the Field Sobriety Tests

Field sobriety tests (FSTs) are often used to establish probable cause for a DUI arrest, but they are not always reliable. Factors such as uneven surfaces, poor lighting, medical conditions, and even the nerves of being pulled over can affect your performance. Josh will review the administration of the FSTs to determine if they were conducted properly and if their results can be challenged.

3. Attacking the Breathalyzer Results

Breathalyzer machines are not infallible. They require proper calibration and maintenance, and they must be administered correctly to provide accurate results. Josh will investigate the maintenance records of the device used in your case and evaluate whether the test was administered according to established protocols. Any discrepancies could lead to the exclusion of the breathalyzer evidence.

4. Evaluating Blood Test Accuracy

Blood tests are often considered more accurate than breath tests, but they are still subject to error. Issues such as improper handling, storage, or contamination can affect the results. Josh will examine the chain of custody and testing procedures to identify any flaws that could undermine the reliability of the blood test.

5. Exploring Alternative Explanations for Impairment

Many factors can mimic the signs of impairment, such as fatigue, medical conditions, or even anxiety. Josh will gather evidence to support alternative explanations for your behavior at the time of the arrest, potentially weakening the prosecution's case.

The Importance of a Skilled DUI Defense Attorney

DUI cases are complex, involving both legal and scientific challenges. Without a skilled attorney, you risk facing severe penalties that could impact your life for years to come. Josh Tomsheck's extensive experience, both as a former prosecutor and as a defense attorney, gives him a unique perspective on how to effectively challenge DUI charges.

Josh's approach is thorough and meticulous. He will examine every aspect of your case, from the initial traffic stop to the administration of tests and the credibility of witnesses. His goal is to find weaknesses in the prosecution's case and use them to your advantage.

Why Choose Josh Tomsheck for Your DUI Defense?

Choosing the right attorney to defend your DUI case is one of the most important decisions you can make. Here's why Josh Tomsheck is the right choice:

Proven Track Record: Josh has a history of successfully defending DUI cases, achieving dismissals, reductions in charges, and not guilty verdicts for his clients.

Expertise in DUI Law: As a member of the National College for DUI Defense and the DUI Defense Lawyers Association, Josh is well-versed in the intricacies of DUI defense strategies.

Inside Knowledge: His experience as a former Chief Deputy District Attorney provides him with an insider's understanding of how DUI cases are prosecuted in Clark County.

Commitment to Clients: Josh is dedicated to providing personalized legal representation, taking the time to understand your unique situation and develop a tailored defense strategy.

If you are facing a DUI charge in Nevada, you need a defense attorney with the experience, knowledge, and dedication to fight for your rights. Josh Tomsheck of Hofland & Tomsheck is the advocate you need. With his background as a former Chief Deputy District Attorney, his board certification, and his commitment to excellence in DUI defense, Josh has the skills and expertise to help you achieve the best possible outcome in your case. Don't leave your future to chance—contact Josh Tomsheck today for a consultation and take the first step toward defending your freedom.

At the Nevada law firm of Hofland & Tomsheck, Partner Josh Tomsheck has experience in all facets of Drunk Driving (DUI) cases, and specializes in the assistance of those charged with Drunk Driving, DUI or DWI charges. As a former Chief Deputy District Attorney, Josh Tomsheck was part of the academy of instructors that lectured and taught the police and other members of law enforcement the same Constitutional law issues that arise in almost every Drunk Driving case. Josh is a member of the  National College for DUI Defense, widely recognized as the most elite organization in the United States focused on education and information regarding the defense of individuals charged with Drunk Driving offenses. Attorney Tomsheck is one (1) of only eight (8) lawyers in Las Vegas to be admitted as a member of the College.

At the Law Firm of Hofland & Tomsheck we have the experience to quickly understand the issues in your Drunk Driving (DUI) case and identify potential defenses that are available to you. We know how to fight Drunk Driving charges. And we know how to win.

Serious Defense for Serious Charges

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If you are arrested or charged with a DUI in Las Vegas or surrounding areas, finding the best lawyer to fight for you should be your top priority. Just because you have been arrested does NOT mean you will be convicted. Attorney Josh Tomsheck of the law firm of Hofland & Tomsheck find the best defense to your Nevada DUI charge - - Fighting for Justice - - Fighting for you!

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