Serious DUI Defense for Serious DUI Charges
Aggressive and Experienced Las Vegas Attorneys Dedicated to Achieving Results. At the law firm of Hofland & Tomsheck we don't believe that all lawyers should practice all types of law. Just as you wouldn't go to one doctor for all medical issues, you shouldn't go to one lawyer for all legal ones. Through specialization you can expect to receive the best representation possible. Attorney Josh Tomsheck of the law firm of Hofland & Tomsheck is a nationally board certified specialist in Criminal Trial law and chooses to focus his practice in the representation of those being investigated and charged with crimes, including DUI and drunk driving charges.
At the Las Vegas law firm of Hofland & Tomsheck we focus on the areas of law that are important to you and that can impact your life, your family, and your employment. We offer our representation for when you are being investigated or have been arrested for DUI or other criminal offenses and when your very liberty is at stake.
DUI Defense in Nevada: How Attorney Josh Tomsheck Can Help You Fight Your Case
Being charged with a DUI in Nevada can be a life-altering experience, with potential consequences including jail time, hefty fines, loss of driving privileges, and a permanent criminal record. However, a DUI charge is not the same as a conviction. There are numerous defenses that a skilled attorney can use to challenge the evidence and protect your rights. Attorney Josh Tomsheck of Hofland & Tomsheck has extensive experience defending clients against DUI charges in Nevada. His background as a former Chief Deputy District Attorney in Clark County, combined with his status as a nationally board-certified criminal trial attorney, makes him uniquely qualified to identify and execute effective DUI defenses.
The Importance of a Strong DUI Defense
The stakes are high in DUI cases, and having a strong defense is crucial. Nevada's DUI laws are complex, and the prosecution often relies on scientific evidence, such as breath testing or blood test results, to secure convictions. However, this evidence is not infallible and can be challenged on various grounds. A well-prepared defense can result in reduced charges, lighter penalties, or even a complete dismissal of the case.
Common DUI Defenses in Nevada
There are several potential defenses that an experienced DUI attorney like Josh Tomsheck might use to challenge the charges against you. Each case is unique, and the specific defenses available will depend on the circumstances of your arrest. Here are some of the most common DUI defenses used in Nevada:
1. Challenging the Legality of the Traffic Stop
One of the first things Josh Tomsheck will examine is whether the initial traffic stop was conducted lawfully. According to the Fourth Amendment, law enforcement must have reasonable suspicion that a crime or traffic violation has occurred to justify a stop. If the officer lacked reasonable suspicion or probable cause to pull you over, any evidence obtained as a result of the stop—including forensic blood or breath testing or field sobriety test results—may be deemed inadmissible in court. This can severely weaken the prosecution's case and may lead to a dismissal of the charges.
2. Questioning the Administration and Accuracy of Field Sobriety Tests
Field sobriety tests (FSTs) are commonly used by law enforcement to establish probable cause for a DUI arrest. However, these tests are not always reliable indicators of impairment. Factors such as uneven pavement, poor lighting, medical conditions, or even the nervousness of being stopped can affect your performance. Josh Tomsheck will scrutinize how the FSTs were administered and whether they were conducted according to standardized procedures. If the tests were improperly conducted or if there were other mitigating circumstances, the validity of the FST results can be challenged.
3. Disputing Breath Test Results
Breath testing machines, often referred to inaccurately as a "Breathalyzer" (Breathalyzer is a brand name - and not the one we use in Nevada) are not infallible. in Nevada, breath testing devices are used to measure a person's breath alcohol concentration (BAC) at the time of arrest. While these devices are widely used, they are not without flaws. Breath testing machines require regular calibration and maintenance to function properly, and the officer administering the test must be trained and certified to use the device correctly. Josh Tomsheck will investigate whether the breath testing machine was used properly and whether the test was administered according to protocol. Any deviations from standard procedures can result in inaccurate readings and provide grounds to challenge the breath results in court.
4. Examining the Blood Test Procedures
Blood tests are often considered more accurate than breath tests, but they are just as likely to have errors. Issues such as improper handling, storage, or contamination can lead to inaccurate results. Nevada law (NRS 484C.250) requires that blood tests be conducted in a specific manner and that the samples be collected, stored, and analyzed according to strict guidelines. Josh Tomsheck will examine the chain of custody and testing procedures for your blood sample to identify any irregularities that could cast doubt on the accuracy of the results.
5. Rising Blood Alcohol Defense
The "rising blood alcohol" defense is based on the premise that your BAC was below the legal limit at the time of driving but increased to an illegal level by the time you were tested. This can happen because alcohol takes time to absorb into the bloodstream. If there was a significant delay between when you were pulled over and when the test was administered, your BAC might have been lower while you were actually driving. Josh Tomsheck can use this defense to argue that the BAC reading did not accurately reflect your impairment at the time of driving.
6. Medical Conditions and Medications
Certain medical conditions and medications can produce symptoms that mimic impairment or affect the accuracy of BAC tests. Conditions such as acid reflux, diabetes, or hypoglycemia can cause breath testing devices to produce falsely high readings. Additionally, some prescription medications can cause side effects that resemble intoxication. Josh Tomsheck will review your medical history and any medications you were taking at the time of your arrest to determine if these factors may have contributed to a false reading or misinterpretation of your behavior.
7. Challenging the Officer's Observations
DUI arrests often rely heavily on the arresting officer's observations, such as the odor of alcohol, slurred speech, or unsteady gait. These observations are subjective and can be challenged. Josh Tomsheck will scrutinize the police report and body camera footage (if available) to identify inconsistencies or alternative explanations for the officer's observations. Factors such as fatigue, anxiety, or physical disabilities can cause behaviors that may be mistaken for impairment.
The Josh Tomsheck Advantage
Choosing the right attorney to defend against DUI charges can make all the difference in the outcome of your case. Josh Tomsheck brings a unique set of qualifications and experiences to every case he handles:
Former Chief Deputy District Attorney: As a former prosecutor in Clark County, Josh has a deep understanding of how DUI cases are built and prosecuted. He knows what evidence the prosecution will rely on and how to effectively challenge it.
Nationally Board-Certified Criminal Trial Attorney: This distinction is awarded to only a small percentage of attorneys nationwide and reflects Josh's commitment to excellence in criminal defense.
Life Member of the National Association of Criminal Defense Lawyers: As a member of this prestigious organization, Josh is dedicated to protecting the rights of those accused of crimes and ensuring a fair legal process.
Member of the National College for DUI Defense and DUI Defense Lawyers Association: These affiliations keep Josh up-to-date on the latest developments in DUI law and defense strategies, ensuring his clients receive the best possible representation.
If you are facing DUI charges in Nevada, it is essential to have a knowledgeable and experienced attorney like Josh Tomsheck on your side. With his comprehensive understanding of DUI law, his experience as a former prosecutor, and his dedication to defending his clients, Josh Tomsheck is uniquely qualified to challenge the evidence against you and work towards the best possible outcome for your case. Contact Josh Tomsheck at Hofland & Tomsheck today for a consultation and take the first step toward a strong defense.
