Thomas Moskal
Criminal Defense by Former Chief Deputy District Attorney
EXCELLENT
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Based on 115 reviews
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Jennifer Burkett
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I cannot recommend Attorney Thomas Moskal highly enough. He represented my brother during an extremely difficult time for our family, and his professionalism, knowledge, and compassion made all the difference. From day one, he was always available to answer my questions and took the time to thoroughly explain every step of the process. No matter how complicated the situation became, he made sure my mother and I understood what was happening and what to expect next. His guidance provided a tremendous amount of comfort during a very stressful and emotional period. What impressed me most was how much he genuinely cared about my brother and our family. Even though the jail was not close to his office, he made multiple visits to see my brother and ensure he was being properly represented. Knowing that someone was there looking out for my brother's best interests gave us tremendous peace of mind, especially since I live in Texas and the case was being handled in Las Vegas. He is incredibly knowledgeable, worked tirelessly on the case, and did an outstanding job achieving a favorable outcome, including getting my brother's charges reduced. Throughout the entire process, he was honest, thorough, responsive, and dedicated. If you or a loved one find yourselves facing a difficult legal situation, I would strongly encourage you to contact Mr. Moskal. Our family is deeply grateful for everything he did for us.
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Kevin Richardson
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Was the best experience in my family's darkest time he was our light at the end of that dark tunnel he can consider me a lifelong client
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Andrew Simmons profile picture
Andrew Simmons
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The team was fantastic, they went above and beyond the efforts needed. I will use Moskal Law again, and recommend with the strongest support.
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J. C.
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Tommy and Anya handled a moving violation citation for me that they got reduced to the equivalent of a parking ticket. They were professional, super responsive, and even followed up to make sure I was able to pay the fee within a week of having it reduced. Much appreciated, would recommend!
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Ana Y Banks
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Thomas Moskal I can't thank you enough for helping my son in his case. Hands down the best lawyer and he will help you and make sure you are given that second chance. If you need a great lawyer, give this man a call his firm is so great. Thanks again
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Victor Beltran
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By far the best lawyer. He beat my case and I couldn't be more thankful. Works hard nd very dedicated to you nd to winning your case. Thanks again Thomas Moskal!! I will send everyone your way. God bless!
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Diana Heredia profile picture
Diana Heredia
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If you are in Las Vegas and looking for the best lawyer in town. I recommend Thomas Moskal. He helped my brother beat his case. Hands down one of the best. May God continue to guide him and watch over him and his family. Thank you for all the good you have done for others.
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Reno Silva
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This attorney is amazing! Got my boyfriend a great deal and didn't have to do any time. Very professional and knowledgeable. Knows what he's talking about and will help you along every step of the way. If you want your case to go as smooth as possible get Thomas. You won't regret it.
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Ian Salvatierra
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I want to start by saying that if you’re reading reviews and wondering whether Thomas Moskal is the attorney you should hire — look no further. I’ve worked around attorneys for years. Earlier in my career I spent about five years filming depositions as a videographer, which gave me the opportunity to interact with many of the larger law firms and attorneys in Las Vegas. I’ve seen the full spectrum — excellent attorneys and some not-so-great ones — and I can confidently say that I would trust Mr. Moskal with anything within his area of practice. One of the things that immediately sets him apart is that he personally answers the phone and speaks with you directly. That level of accessibility is extremely rare in this profession. He takes the time to listen, ask thoughtful questions, and truly understand your situation instead of passing you off to staff. Another major advantage is his background. Mr. Moskal has experience on both sides of the courtroom, having worked as a prosecutor before becoming a defense attorney. That perspective is incredibly valuable and, in my opinion, is one of his biggest strengths because he understands exactly how these cases are evaluated from the other side. I originally hired him after receiving a speeding ticket — my second one within three years. Because of Nevada’s newer laws, many of the typical “traffic ticket” attorneys wouldn’t even take the case. After spending hours researching and reading reviews, I decided to call Mr. Moskal because of his experience and reputation. From the very first conversation, I could tell I had made the right choice. He was incredibly personable, attentive, and genuinely interested in helping. But what impressed me the most was the outcome. Mr. Moskal was able to achieve what was essentially a case dismissal, which honestly exceeded my expectations. He clearly knows how to navigate the system and consistently delivers strong results for his clients. Because of how impressed I was, I later referred one of my close friends who works for Metro and had a legal question. Mr. Moskal once again went above and beyond — he even told my friend to call him on a Sunday so he could walk him through the situation and answer his questions. That level of availability and willingness to help is something you rarely see. I know this review is a bit long, but I wanted to share my experience because attorneys like this are hard to find. If you want someone who is knowledgeable, accessible, and genuinely cares about his clients while also delivering outstanding outcomes, Mr. Moskal is your guy.

Do You Legally Have to Roll Your Window Down for Police During a Nevada Traffic Stop?



Interior close-up of driver at traffic stop with window down and police officer standing outside driver's window

We have all seen the viral videos: a driver gets pulled over, cracks their window an inch, and hands their license through the gap while arguing with an officer about their constitutional rights.

This raises an essential question for motorists in Nevada: Do you legally have to roll your window down for police during a traffic stop?

THE SHORT ANSWER IS YES, to be safe. While you can attempt to identify yourself and hand documents over through a partially opened window, if the officer states that he needs you to roll it down for his investigation or for officer safety, your best move is to comply. Refusing to do so can quickly result in a misdemeanor charge for Obstructing a Public Officer and a ride to the local jail.

This is why those TikTok videos of people yelling at officers that they know their rights are just videos of people talking themselves into an arrest.

I’ve represented enough people in criminal court to know that very few of them expected a routine traffic stop to end in handcuffs. More often than not, the arrest happened because a relatively minor encounter escalated after someone refused a lawful command or argued with the officer.

NRS 197.190  Obstructing public officer.  Every person who…shall willfully hinder, delay or obstruct any public officer in the discharge of official powers or duties, shall…be guilty of a misdemeanor.

Can I refuse to roll down my window because of the Fourth Amendment?

Many drivers believe the Fourth Amendment gives them the right to keep their window rolled up during a traffic stop. It does not.

The Fourth Amendment protects individuals against unreasonable searches and seizures. However, once police have lawfully stopped your vehicle based on suspicion that a traffic offense has occurred, even if police are ultimately mistaken about that, the stop itself is considered a lawful seizure. During the stop, police are allowed to take reasonable steps to investigate the traffic violation and ensure officer safety.

That includes requesting your driver’s license, registration, and proof of insurance, asking you to lower your window enough to communicate, and ordering you out of the vehicle altogether. The United States Supreme Court has repeatedly recognized that these limited intrusions are generally reasonable under the Fourth Amendment because traffic stops are inherently dangerous encounters for both motorists and law enforcement officers.

What if it is not a lawful traffic stop?

I think about that old movie, Road House, with Patrick Swayze, where he was training his bouncers to be nice until it is time to not be nice.  One of them asks, “How will we know when that is?  Swayze answers, “You won’t! I’ll let you know!” That is for your lawyer to address later, in court. The roadside is absolutely not the proper place to litigate the legality of a traffic stop. If you believe an officer violated your Fourth Amendment rights during a traffic stop, the appropriate remedy is typically to challenge the legality of the stop or the officer’s conduct later in court through a motion to suppress or other legal proceedings, not by refusing commands during the stop itself.

Practical Tip: Always ask the officer if you have a choice, and politely make it clear that you are complying with the officer’s instructions because you are being told you do not have a choice, and that you are complying while also refusing to consent. Key word is politely. This helps to preserve any constitutional challenges. If the officer acted unlawfully, an experienced criminal defense attorney can later ask the court to suppress illegally obtained evidence or dismiss charges where appropriate.

Can I just say my name through a cracked window or can I just hold my license up to the closed window?

No. You cannot simply state your name or press an ID card against a closed window; you must actively facilitate the surrender of the physical documentation.

Nevada law requires you to physically hand over drivers license, registration, and insurance.

When you are pulled over in Nevada, you must roll your window down enough to physically surrender your documents rather than simply displaying them through glass:

  • Identify Yourself: Under NRS 171.123(3), any person temporarily detained under reasonable suspicion that a traffic offense has been committed “shall identify himself or herself.”

  • Surrender Driver’s License: Under NRS 483.350, a driver must carry a physical driver’s license and physically present it upon demand by law enforcement.

  • Surrender Registration & Insurance: Nevada law explicitly mandates that a driver must, upon demand, physically surrender their vehicle registration (NRS 482.255) and physical or electronic proof of insurance (NRS 485.187) for examination.

Can I hand my license and registration through a cracked window?

The “Cracked Window” Reality: What the Courts Say

Many drivers think a cracked window is a clever legal loophole to protect their privacy. However, in the real world, it often backfires. When a driver insists on keeping the window up, the legal battle isn’t about a specific “window statute”—it centers on whether the failure to roll your window down constitutes criminal obstruction.

A Virginia case, Thorne v. Commonwealth, 66 Va.App. 248 (Va. App. 2016), upheld a conviction for obstruction where a woman only rolled her window down 3-4 inches to provide her drivers license and other documents.  The officer repeated asked her to roll her window down to test her tint level, but instead of rolling her window down, Shawanda Thorne kept yelling, “I know my rights! You don’t know my rights!”  The officer ordered her out of the car, which she also refused.  The officer told her he would arrest her for obstruction if she did not roll the window down, and she responded, “Do what you gotta do.”  About nine minutes later, she ended up rolling her window down when another unit arrived.  However, that 9 minutes was more than enough time for the Virginia Court of Appeals to uphold the conviction.  

Can police order me out of the car on a traffic stop?

Yes. While you may be able to comply by handing documents through a cracked window instead of rolling it all the way down, an officer can always order you and your passengers to exit the vehicle, so giving an officer motivation to do that will defeat your entire gameplan of just barely rolling down the window.

The Catch-22 of Refusal: Pennsylvania v. Mimms

The moment the officer switches tactics and orders you completely out of the car under Mimms, you have zero constitutional ground to refuse. Refusing to exit provides a clear path for an officer to make a lawful arrest for Obstructing a Public Officer.

This is because in Pennsylvania v. Mimms, 434 U.S. 106 (1977), the U.S. Supreme Court ruled that police can always order the driver and passengers out of a vehicle at a routine traffic stop as a matter of course, without needing any any additional justification or suspicion.

The Court extended this same bright-line rule to passengers twenty years later in Maryland v. Wilson, 519 U.S. 408 (1997).

The judicial reasoning is straightforward: (1) a traffic stop is already a lawful detention; (2) ordering the occupants out of the vehicle is considered a “de minimis” (minimal) additional intrusion on their liberty; and (3) on the other side of the scale, roadside stops are inherently volatile and dangerous for law enforcement.

And if you notice in the Virginia case, Shawanda Thorne also refused to exit.  That in itself is enough for an obstruction charge.

The Ultimate Takeaway:

While you can attempt to identify yourself and hand documents over through a cracked window, if the officer states that he needs you to roll it down for his investigation or for officer safety, your best move is to comply.  Otherwise, you might be turning a simple ticket into a ride to the local jail.

Arrested after a traffic stop in Las Vegas?

Whether you were charged with obstruction, resisting a public officer, DUI, or another offense, the legality of the stop and the officer’s actions may have a significant impact on your case. Contact Moskal Law to discuss your options with a former Chief Deputy District Attorney.

Disclaimer: The information provided in this blog post is for general informational purposes only and does not constitute formal legal advice. Browsing this website or reading this post does not create an attorney-client relationship. If you are facing criminal charges or a rights violation in Nevada, please consult with a qualified criminal defense attorney. Important: This article discusses what is generally the safest course of action during a traffic stop. Every encounter is different, and unusual circumstances may change the legal analysis.


Thomas Moskal

Thomas Moskal

Las Vegas Criminal Lawyer | Thomas Moskal

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