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Sealing a DUI Conviction in Nevada: How It Works and How Attorney Josh Tomsheck Can Help

September 17, 2024 | Hofland & Tomsheck

Sealing a DUI Conviction in Nevada: How It Works and How Attorney Josh Tomsheck Can Help

A DUI conviction can have a lasting impact on your life, from employment opportunities to personal relationships. In Nevada, while the penalties for a DUI conviction are already stringent, the long-term consequences can be just as significant. However, the state offers a path to mitigate those consequences by allowing individuals to seal their DUI records. Sealing a criminal record means that the conviction is no longer visible to the public or most background checks, providing a fresh start for many who have moved past their mistake.

This blog post will cover how DUI record sealing works in Nevada, including the eligibility criteria, waiting periods, and relevant legal statutes. We will also explore how attorney Josh Tomsheck can help you navigate the record-sealing process and ensure that your rights are protected.

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.

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.

When Driving Under the Influence Becomes a matter of Life and Liberty – – DUI Resulting in Substantial Bodily Harm or Death.

September 22, 2013 | Hofland & Tomsheck

Accidents involving motor vehicles are a very common occurrence in the Las Vegas Valley. Most of us have come to accept fender benders on our streets and highways as a way of life and rarely give them a second thought nowadays. When the accident is alleged to have been caused by someone under the influence of drugs or alcohol however, the consequences become much more severe for the person causing the accident.

A 21-year-old Los Angeles woman was severely injured recently and admitted to the hospital in critical condition after being part of a two vehicle accident, allegedly caused by a person driving under the influence of alcohol.

The Las Vegas Metropolitan police department reported that this accident occurred shortly after 1:00 in the morning on September 21, 2013 in the vicinity of Las Vegas Boulevard and Siren’s Cove Boulevard near the Treasure Island Hotel and Casino.

A full summary of the accident can be found here.

According to witnesses and the review of evidence located at the scene, a BMW was turning left from Siren’s Cove Boulevard to northbound Las Vegas Boulevard. The driver of the BMW, who appears to be from Las Vegas, lost control of his vehicle and struck as which was abiding by traffic laws at a light signal. All three individuals in the taxi cab were injured and taken to an area hospital. One passenger in the taxi suffered severe injuries which are considered to be life threatening.