Case Results – DUI

Criminal Case Results / Wins

State of Nevada v. “client R”

Practice Area: DUI Defense
Description: DUI – BAC over .18

Summary: Client, a General Manager of a well-known Strip establishment, was pulled over, arrested and charged with Driving under the Influence. Her BAC was over .18. Mr. Tomsheck identified several inconsistences with the police reports provided in discovery and the process for taking the client’s evidentiary sample. Before the case proceeded to Trial, Attorney Tomsheck was able to convince the prosecutor that the case should be reduced and was able to negotiate a no contest plea to a non-DUI violation.

Outcome: Reckless Driving

State of Nevada v. “client J”

Practice Area: DUI Defense
Description: Driving Under the Influence – “DUI” – 1st Offense

Summary: Client, a CEO of a banking industry business was arrested and charged with a DUI. A conviction would have been very embarrassing for the client and would have caused him to lose several business opportunities. Attorney Tomsheck conducted the DMV hearing on the client’s behalf and utilized the proceeding to establish several errors on the part of law enforcement during cross examination of the arresting officer. Because of the issues revealed, the State prosecutor reduced the charges at the time of arraignment and the case was resolved without the client ever having to go to Court.

Outcome: Reckless Driving.

State of Nevada v. “client B”

Practice Area: DUI Defense
Description: Driving Under the Influence – “DUI” – 1st Offense

Summary: Client, a business executive, was arrested at a police roadblock/DUI checkpoint and charged with Driving Under the Influence. According to Metro, the client failed all field sobriety tests and his blood alcohol concentration was far in excess of the legal limit of .08. According to the prosecutor, the case was lock solid and no offers were made prior to trial. If the client were to be convicted of the charge of DUI he would lose his job and the substantial salary and benefits that come with it. On the date of trial, Attorney Tomsheck successfully argued that the DUI checkpoint was outside of the boundary limits contained in the officer’s affidavit and media release. As a result, the charges were reduced and the case was closed. The client was able to keep his job.

Outcome: Reckless Driving.

City of Las Vegas v. “client J”

Practice Area: DUI Defense
Description: Driving Under the Influence – “DUI” – 1st Offense with accident

Summary: Client had a warrant issues for his arrest after a drunk driving incident in which he caused an accident, damaging another vehicle. Attorney Tomsheck arranged for client to surrender to authorities while at the same time working out a negotiation with the prosecutor’s office. Based on issues with the investigation identified by Mr. Tomsheck, the case was resolved to two (2) nonmoving violations (parking tickets) and the only penalty was a small fine.

Outcome: Parking ticket(s).

City of Las Vegas v. “client W”

Practice Area: DUI Defense
Description: Driving Under the Influence – “DUI” – 1st Offense with accident

Summary: Client, a retired business executive, was involved in a serious single car accident. He was arrested for DUI after a blood test revealed his blood alcohol concentration was in excess of .22. Attorney Tomsheck called into question the performance of field sobriety tests given the medical condition of the client, and was able to have the charges reduced to a non-DUI offense.

Outcome: Reckless Driving.