Challenging the Traffic Stop in a DUI Case
How Attorney Josh Tomsheck Can Defend Your Rights
One of the most critical aspects of a DUI defense is the legality of the initial traffic stop. For a traffic stop to be lawful, a police officer must have reasonable suspicion that a traffic violation or crime is occurring. If the stop itself is unlawful, any evidence gathered during the stop, including field sobriety tests, breath or blood testing results, or statements made by the driver, can be challenged and potentially suppressed in court. This can significantly weaken the prosecution's case and may even lead to a dismissal of charges. Attorney Josh Tomsheck of Hofland & Tomsheck is an experienced DUI defense lawyer who knows how to scrutinize the circumstances surrounding a traffic stop and use any procedural violations to your advantage. This page will explain the legal standards for a valid traffic stop, common defenses against unlawful stops, and how Josh Tomsheck can use this strategy to defend your rights if you are facing DUI charges in Las Vegas or anywhere in Nevada.
The Legal Standard for a Traffic Stop
To initiate a traffic stop, a police officer must have reasonable suspicion that a traffic violation or a crime is taking place. Reasonable suspicion is a lower standard than probable cause and is based on “specific and articulable facts” that would lead a reasonable officer to believe that a person is engaged in criminal activity. For example, swerving between lanes, speeding, or running a red light can provide reasonable suspicion for a stop.
However, if an officer stops a vehicle without sufficient legal justification, any evidence obtained as a result of the stop may be inadmissible in court. This is because the Fourth Amendment of the U.S. Constitution protects against unreasonable searches and seizures, and an unlawful traffic stop violates these constitutional rights.
Common Defenses for Challenging a Traffic Stop
There are several ways to challenge the validity of a traffic stop in a DUI case. An experienced DUI defense attorney like Josh Tomsheck will thoroughly investigate the circumstances surrounding the stop to identify any violations of your rights. Here are some common defenses that can be used to challenge a traffic stop:
1. Lack of Reasonable Suspicion
The most straightforward way to challenge a traffic stop is to argue that the officer did not have reasonable suspicion to initiate the stop in the first place. For instance, if an officer stopped your vehicle without observing any traffic violations or suspicious behavior, the stop could be deemed unlawful. Josh Tomsheck will scrutinize the officer's statements and any dashcam or bodycam footage to determine whether reasonable suspicion existed.
2. Pretextual Stops
Sometimes, officers will use a minor traffic violation as a pretext to stop a vehicle when their actual motive is to investigate a more serious crime, such as DUI. While pretextual stops are generally permissible under the law as long as a traffic violation occurred (Whren v. United States, 517 U.S. 806 (1996)), they can still be challenged if the officer's conduct during the stop exceeded the scope of the initial justification. For example, if an officer prolonged the stop without additional reasonable suspicion, any evidence obtained during the extended detention may be suppressed.
3. Improper Use of DUI Checkpoints
DUI checkpoints, or sobriety checkpoints, are legal in Nevada but must comply with specific guidelines to be constitutional. The checkpoint must be publicly announced in advance, conducted in a systematic manner, and approved by a supervising officer. If the checkpoint where you were stopped did not follow these protocols, the stop could be challenged as unconstitutional. Josh Tomsheck will examine the checkpoint's procedures and documentation to identify any potential violations.
4. Mistaken Identity or Vehicle Description
If an officer stops your vehicle based on a mistaken belief that you or your vehicle matches the description of a suspect, but it turns out to be an error, this could be grounds for challenging the stop. For example, if the officer stopped you because your car matched the color and model of a vehicle suspected in a crime, but you were not the driver involved, the stop may be unlawful. Josh Tomsheck will investigate whether the officer had a valid basis for believing your vehicle was connected to the alleged crime.
5. Anonymous Tips
If an officer initiates a traffic stop based on an anonymous tip, the tip must provide sufficient detail to establish reasonable suspicion. A vague or uncorroborated tip alone is not enough to justify a stop. Josh Tomsheck will review the nature of any tips provided to the police and determine whether they meet the legal requirements for initiating a stop.
How Josh Tomsheck Can Challenge an Unlawful Traffic Stop
Attorney Josh Tomsheck has extensive experience in defending clients against DUI charges by challenging the legality of traffic stops. His comprehensive approach includes the following steps:
1. Thorough Investigation of the Stop
Josh Tomsheck will begin by thoroughly investigating the circumstances surrounding your traffic stop. This includes reviewing the police report, examining any available dashcam or bodycam footage, and interviewing witnesses, if applicable. He will scrutinize every detail to determine whether the officer had a legitimate reason to stop your vehicle.
2. Filing Motions to Suppress Evidence
If there is evidence that the traffic stop was unlawful, Josh Tomsheck will file a motion to suppress any evidence obtained as a result of the stop. This could include breath or blood test results, field sobriety test results, or any statements you made to the officer. If the court grants the motion, the prosecution may have insufficient evidence to proceed with the case, potentially leading to a dismissal of the charges.
3. Challenging the Officer's Testimony
Josh Tomsheck will cross-examine the arresting officer to challenge their version of events. He will question the officer's observations and the basis for the stop, seeking to uncover any inconsistencies or gaps in their testimony. By highlighting weaknesses in the officer's justification for the stop, Josh can cast doubt on the lawfulness of the stop and the subsequent evidence.
4. Using Expert Witnesses
In some cases, Josh Tomsheck may work with expert witnesses, such as former law enforcement officers, chemists, toxicologists, pharmacologists and the like, to testify about the proper procedures for traffic stops and DUI arrests and whether the officer's actions were justified. These experts can provide valuable insight and support the argument that the stop was unlawful.
Why You Need an Experienced DUI Defense Attorney
Challenging the legality of a traffic stop is a complex and nuanced aspect of DUI defense that requires a deep understanding of constitutional law and police procedures. Attorney Josh Tomsheck has the experience and expertise necessary to effectively challenge unlawful traffic stops and protect your rights. As a nationally board-certified criminal trial lawyer and former Chief Deputy District Attorney, he has successfully defended numerous clients against DUI charges by attacking the validity of the initial stop.
Contact Josh Tomsheck Today
If you have been charged with a DUI in Las Vegas or anywhere in Nevada and believe that the traffic stop was unlawful, it is crucial to consult with an experienced DUI defense attorney as soon as possible. Josh Tomsheck and the team at Hofland & Tomsheck are committed to providing aggressive and effective defense strategies to protect your rights and achieve the best possible outcome in your case. Contact us today at 702-895-6760 to schedule a consultation and discuss how we can help you challenge the traffic stop and defend against your DUI charges. Your rights and freedom are too important to leave to chance—let us fight for you.
