Can You Get a DUI for Prescription Medications in Nevada?

October 9, 2024 | Hofland & Tomsheck

Can You Get a DUI for Prescription Medications in Nevada?

When most people think of DUI (Driving Under the Influence), they often associate it with alcohol or illegal drugs. However, in Nevada, you can also face DUI charges if you are found to be impaired while driving under the influence of prescription medications. Many prescription drugs, even those legally prescribed by a doctor, can impair your ability to operate a vehicle safely, leading to serious legal consequences.

Attorney Josh Tomsheck, a board-certified criminal defense attorney at Hofland & Tomsheck, has successfully defended numerous clients charged with DUI for driving while impaired by prescription medications. This blog explores the legal implications of driving under the influence of prescription medications in Nevada, the types of medications that could lead to a DUI charge, and how you can build a defense if you are accused.

Challenging Breath Test Results in DUI Cases: How to Undermine the Prosecution’s Evidence

October 1, 2024 | Hofland & Tomsheck

Challenging Breath Test Results in DUI Cases

How to Undermine the Prosecution’s Evidence

Driving Under the Influence (DUI) charges in Nevada are serious and carry severe penalties, including fines, license suspension, and even jail time. One of the most common pieces of evidence used by the prosecution in DUI cases is the result of a breath test. While these tests are widely perceived as accurate, they are not infallible. This blog post will explore the various ways in which breath test results can be challenged, undermining the prosecution’s case and potentially leading to a dismissal or reduction of charges.

DUI Arrests can Happen to Anyone: High Profile DUI Arrests in the News

September 29, 2024 | Hofland & Tomsheck

High-Profile DUI Arrests in the News: Why a Qualified DUI Defense Lawyer is Essential

DUI (Driving Under the Influence) charges are serious offenses that can affect anyone, regardless of fame or status. While DUI arrests can be life-altering for the average person, when public figures and celebrities are involved, the consequences are amplified by media coverage and public scrutiny. High-profile DUI arrests bring to light not only the legal consequences of impaired driving but also the importance of securing a highly skilled DUI defense attorney.

This blog post will explore three recent high-profile DUI arrests, illustrating how these cases were handled and highlighting the need for an experienced DUI lawyer to protect both your legal rights and your reputation. We will conclude by discussing why having an experienced DUI defense attorney like Josh Tomsheck is vital if you face DUI charges in Las Vegas.

What Happens After a Las Vegas DUI Arrest for a Nevada Licensed Driver

September 27, 2024 | Hofland & Tomsheck

What Happens After a Las Vegas DUI Arrest for a Nevada Licensed Driver

Being arrested for Driving Under the Influence (DUI) in Las Vegas can be a frightening and overwhelming experience. For Nevada-licensed drivers, understanding what happens after the arrest and how the legal process unfolds can make a significant difference in how they handle their case. From the initial arrest to the potential penalties, and the steps you can take to protect yourself, this blog post will guide you through what to expect after a DUI arrest in Las Vegas.

1. The DUI Arrest

How Nevada DUI Laws and Punishments Compare to Other States

September 25, 2024 | Hofland & Tomsheck

How Nevada DUI Laws and Punishments Compare to Other States

Driving Under the Influence (DUI) is a serious offense across the United States, with laws and penalties varying significantly from state to state. Nevada is known for having strict DUI laws, and its approach to punishing offenders reflects the state’s commitment to road safety. This post will explore how Nevada’s DUI laws and punishments compare to those in other states, including aspects such as blood alcohol content (BAC) limits, penalties for first-time and repeat offenders, DUI checkpoints, and the rising issue of driving under the influence of marijuana. At the end, we’ll also discuss how a skilled Las Vegas DUI attorney like Josh Tomsheck can help if you are facing DUI charges in Nevada.

Blood Alcohol Content (BAC) Limits

How U.S. Supreme Court and Nevada Supreme Court Decisions Have Shaped DUI Defense

September 23, 2024 | Hofland & Tomsheck

How U.S. Supreme Court and Nevada Supreme Court Decisions Have Shaped DUI Defense

Driving Under the Influence (DUI) charges are taken seriously in Nevada, as they are across the United States. Over the years, both the U.S. Supreme Court and the Nevada Supreme Court have issued landmark rulings that have significantly shaped how DUI cases are prosecuted and defended. These legal precedents directly affect how evidence is gathered, what constitutes probable cause, and how DUI defense attorneys can challenge the prosecution’s case.

In this blog post, we will explore key decisions from both courts that have shaped DUI defense law, how these rulings influence the way DUI cases are handled in Nevada, and how attorney Josh Tomsheck uses these legal changes to craft strong defenses for his clients.

Leaving the Scene of an Accident – How Nevada Law Treats Hit and Run Offenders

September 21, 2024 | Hofland & Tomsheck

Leaving the Scene of an Accident – How Nevada Law Treats Hit and Run Offenders

Recently, a tragic hit-and-run incident occurred in Lynnwood, Washington, involving 30-year-old Taylor Druliner. Druliner was struck and killed by a vehicle while crossing the street, leaving behind a grieving family and community. The Washington State Patrol and Crime Stoppers are actively seeking information, offering a $5,000 reward for leads that could help identify the driver responsible for this fatal collision. The suspect vehicle is believed to be a 2007-2011 Toyota Corolla, and investigators are utilizing various resources, including an IP address linked to the vehicle, to track down the culprit.

This case highlights the devastating consequences of hit-and-run accidents, not only for the victims and their families but also for the broader community. Leaving the scene of an accident is not just a moral failing—it is a serious crime that carries significant legal repercussions. While the laws governing such offenses vary by state, the fundamental principle remains consistent: drivers involved in an accident must stop, render aid, and report the incident to authorities.

Arrested in Nevada for DUI with a Professional License or Certification? What you need to know.

September 19, 2024 | Hofland & Tomsheck

How a DUI Conviction Can Impact a Professional License or Certification in Nevada

A DUI conviction can have far-reaching consequences beyond the immediate legal penalties like fines, jail time, and license suspension. For individuals holding professional licenses or certifications, a DUI conviction can jeopardize their ability to practice their profession. In Nevada, where many industries are heavily regulated, a DUI can trigger investigations by licensing boards, disciplinary actions, and even revocation of licenses.

This blog post will explore how a DUI conviction can affect various professional licenses in Nevada, the types of penalties professionals may face, and how having an experienced attorney like Josh Tomsheck can help minimize the impact of a DUI on your career.

How a Breath Ignition Interlock Device Works in Nevada, When It’s Required, and How Attorney Josh Tomsheck Can Help Defend a DUI Charge

September 15, 2024 | Hofland & Tomsheck

How a Breath Ignition Interlock Device Works in Nevada, When It’s Required, and How Attorney Josh Tomsheck Can Help Defend a DUI Charge

Driving under the influence (DUI) is a serious offense in Nevada, and the state has enacted strict laws to combat impaired driving. One significant consequence of a DUI conviction is the potential requirement to install a breath ignition interlock device (IID) in the offender’s vehicle. This device prevents the vehicle from starting unless the driver passes a breath alcohol test, ensuring that those convicted of DUI cannot drive while under the influence.

In this blog post, we’ll explore how an IID works, when it’s required under Nevada law, the associated penalties for non-compliance, and how attorney Josh Tomsheck can help defend against DUI charges to avoid the severe consequences, including the installation of an IID.

Crime Rates and Warm Weather: A Closer Look at Summer 2024 in Las Vegas

September 6, 2024 | Hofland & Tomsheck

Crime figures rise and fall for a number of reasons. One common connection between the level of reported crimes is the weather. Crime reports commonly fluctuate season to season and summer months, particularly in places like Las Vegas, see notable changes in the types and frequency of criminal offenses.

Crime rates in Las Vegas are up during the warm summer of 2024 in Las Vegas, which is reflective of general trends of rising crime during warmer months. The Las Vegas Metropolitan Police Department (LVMPD) has reported a notable uptick in violent crime, particularly in densely populated areas like the Strip corridor and Fabulous Fremont Street area downtown.

According to recent news reporting by Nevada Public Radio (KNPR), year-over-year crime in Las Vegas has also seen a 14% rise, and the city’s violent crime rate is now 40% higher than the national average. The connection between crime and temperature has been the subject of numerous studies. One well-known study that establishes the link between warmer weather and increased crime rates is the “Heat and Violence” study conducted by Craig A. Anderson and his colleagues, published in the journal Current Directions in Psychological Science (2001). This study examined the relationship between temperature and aggression, proposing that higher temperatures are linked to increased aggressive behavior, which in turn can lead to higher rates of violent crime.