Hiring a DUI Defense Lawyer

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.

What to Do If You Are Pulled Over for a DUI in Nevada: A Step-by-Step Guide

October 5, 2024 | Hofland & Tomsheck

What to Do If You Are Pulled Over for a DUI in Nevada: A Step-by-Step Guide

Being pulled over for a DUI in Nevada can be a daunting and stressful experience. The decisions you make during this time can significantly impact your legal situation. This guide will walk you through the essential steps to take if you are stopped on suspicion of driving under the influence, emphasizing your rights and the importance of having an experienced attorney, like Josh Tomsheck, on your side.

Step 1: Stay Calm and Pull Over Safely

Traveling to Canada After a DUI Conviction in Nevada: Challenges and Solutions

October 3, 2024 | Hofland & Tomsheck

Traveling to Canada After a DUI Conviction in Nevada: Challenges and Solutions

For many people, traveling to Canada from the United States is a routine matter, whether for business, tourism, or visiting family. However, a DUI conviction in Nevada can complicate this seemingly straightforward process. Canada has strict entry regulations for individuals with criminal records, including DUI convictions, which are considered serious offenses under Canadian law. Understanding the implications of a DUI on travel to Canada and knowing the available options for overcoming these barriers is crucial for anyone with a DUI conviction planning to visit the country.

DUI-Stop

Why Canada Restricts Entry for DUI Convictions

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.

Changes in Nevada DUI laws can impact your case

September 26, 2016 | Hofland & Tomsheck

The laws in Nevada are constantly being amended or changed, both by courts and lawmakers. It is imperative, that when you are charged with a DUI in Nevada, you have a lawyer who is up to date on changes in the law. In order to have the best lawyer for your DUI charge, you must have an attorney who is aware of the current state of DUI law and how best to use those laws to build your defense.

A good example of a change in the law that those charged with a DUI should be aware of is Assembly Bill 67 (AB67). This new law was voted into place unanimously and has many significant changes for those charged with a DUI in Nevada.

One main component of the bill is that removes the antiquated legal principle of “implied consent” to allow law enforcement to take a forensic blood or breath sample. While a Nevada driver can still consent to either test, if a driver refuses to voluntarily to take a test, a warrant is now required before the blood can be taken. Moreover, if a driver refuses to submit to a test, his or her license is subject to revocation for a period of one (1) year following the refusal.

Additionally, prior to AB 67, a legal document known as an “Affidavit” allowed to be submitted in trial to attempt to prove a DUI charge unless the Defendant established a “substantial and bona fide” dispute as to the facts in the Affidavit prior to Trial. Following AB 67, and Affidavit to prove facts at Trial is not admissible if the Defendant (or his lawyer) objects 10 or more days prior to Trial. This requires the prosecutor to bring in the witness, instead of a sheet of paper, to prove their case and allows for a defense attorney to thoroughly cross examine the witness on the content of their testimony.

Hiring a DUI Defense Attorney – Questions you should ask

October 6, 2013 | Hofland & Tomsheck

In previous posts to this Blog we have discussed things to consider when selection the “best” lawyer for your individual DUI or Drunk Driving case in Las Vegas. In this post, we offer you some insights as to the types of questions you should ask your potential Nevada DUI Defense Attorney when you meet with him or her for the first time. While this list is not meant to be all inclusive, the following can be very helpful:

What areas of law do you focus on?

Many people think that “all lawyers are the same.” This is simply not the case. Every lawyer has different training and experience. More importantly, there are HUNDREDS of various areas of specialization within the law. While a person may be the best real estate lawyer in your State, he or she may be the worst at litigating a case in Court. There are literally 100’s of stellar civil litigators in Nevada, many of them don’t know the first thing about defending a criminal case and know NOTHING about the best way to defend a DUI charge. Choosing a lawyer is no different than choosing a doctor – – If you had a stomach ache, you likely wouldn’t go to dentist. DUI charges are unique and require focused training and experience. While an attorney may tell you when you ask “Yea, I handle DUI cases” – – make sure the lawyer you select focuses a large portion of his or her practice (at least ¼ of the cases he or she handles on a regular basis) on Drunk Driving/Driving Under the Influence/DUI and related charges.