Criminal Defense Law
Changes to Tennessee’s Vehicular Homicide Sentencing in 2015
Tennessee changed its sentencing law on vehicular homicide back in 2015. Vehicular homicide is the “reckless killing of another by the operation of an automobile, airplane, motorboat or other motor vehicle, as the proximate result of: Conduct creating a substantial risk of death or serious bodily injury to a person; The driver’s intoxication, which includes…
Read MoreRobbery and Theft Abound In Tennessee
A man was attacked and robbed recently outside of the Donelson-Hermitage YMCA after setting up a meeting with Ronald Payne, 22, and Tyler Austin, 18. The victim got to a phone after the duo punched him in the face and took his cell phone, keys, and wallet, and reported the incident to police. Officers responded…
Read MoreSmuggling Drugs into Jail is a Felony
Eight suspects are facing indictments for smuggling drugs into Wilson County jail before they were scheduled to be incarcerated. According to the Wilson County Sheriff’s Office, the suspects knew they were going to serve time, and attempted to smuggle prescription drugs, marijuana and cocaine into the facility. Department spokeswoman Sharon Curstis-Flair said, “In some cases,…
Read MoreWhat are the Real Life Consequences of a Misdemeanor Conviction?
Misdemeanors are commonly considered to be relatively petty crimes with the maximum jail time of 11 months and 29 days and fines of up to $2,500 in Tennessee. Depending on the circumstances, an individual who is arrested for a misdemeanor may not end up serving any jail time at all, but the other consequences of…
Read MoreA Whipped Cream High Can Get You a DUI in Tennessee
According to Franklin police, Anna Thomas, age 28 was charged with DUI after crashing her SUV into a mailbox on Battle Avenue. Ms. Thomas had allegedly inhaled the nitrous oxide from 13 cans of whipped cream to get high and then got behind the wheel at 9:00am on Wednesday, June 3rd. Ms. Thomas had allegedly…
Read MoreAvoiding the Pitfalls of Drug Charges at Bonnaroo
Bonnaroo 2015 is quickly approaching. The music lineup just gets better and better with each passing year, and the crowd that attends grows along with it. One thing that does not change is law enforcement’s commitment to keeping festival goers safe and in compliance with the law. One thing that has changed is the way…
Read MoreHeading to Bonnaroo? Understanding Drug Charges and Penalties in Tennessee
Preparations for Bonnaroo are in full swing. Soon, festival attendees from the local area and from all over the country will soon be descending on tiny Manchester, Tennessee to have four rocking days of fun in the summer sun, enjoying the best musical acts and all that the four-day entertainment extravaganza has to offer. Unfortunately,…
Read MoreWhat are the Consequences of a Domestic Violence Conviction?
Domestic violence can take many forms. Behind closed doors at home, sometimes violence erupts from pent-up hurt feelings and hurtful words. Other times it’s a case of one person using physical strength to control a partner through fear and intimidation. Or maybe one partner is looking to get the upper hand over the other in…
Read MoreWhat are the Penalties for Underage DWI in Tennessee?
When an individual who is under the age of 21 is pulled over on suspicion of drunk driving he/she may be charged with Underage Driving While Impaired (Underage DWI). Since it is illegal for anyone who is under age 21 to purchase or drink alcohol, driving drunk is against the law for minors. A minor…
Read MorePunishments for Repeat DUI Offenders in Tennessee
Getting caught driving drunk is a serious offense, which you already know because you have been through this already if this is your second offense. According to NHTSA studies, a person with a prior DUI conviction has 4.1 times the risk of being involved in a fatal vehicle accident. Another study reported that the chances…
Read MoreArrested at Bonnaroo? Here’s what to Do Next
It’s no secret that a few of the more than 90,000 fans that attend Bonnaroo, the legendary music and arts festival in Manchester, TN each year will use drugs or get drunk while having fun at the show. The four-day festival attracts performers that are well known along with more up-and-coming acts who perform in…
Read MoreNew Bill Seeks to Eliminate Loopholes in “Cooling Off” Period
The Tennessee House Criminal Justice subcommittee is looking to create a new bill that would close any loopholes in the mandatory “cooling off” period for those charged with domestic violence. Sponsored by Representative William Lamberth (R-Cottontown) and Senator Steven Dickerson (R-Nashville) the amendment would eliminate a judge’s right to waive the mandatory 12 hour jail…
Read MoreProtecting Yourself at Bonnaroo This Year
We are only a few short months away from Bonnaroo 2015, and the line-up looks incredible. Ticket sales have been non-stop since the Manchester festival was announced, and it is likely that this year’s festival numbers will be higher than ever. That means that at least 70,000 people (and potentially even more) will all convene…
Read MoreGet Your Tickets TO Bonnaroo, Not AT Bonnaroo
The lineup for Bonnaroo 2015 is going to be announced soon, and people from all over the country will be planning their visit to the 700 acre farm in Manchester, Tennessee to enjoy the festival. Four day long concerts like Bonnaroo feature more than just music, because they celebrate the arts in general. If this…
Read MoreA New Tennessee Law Criminalizes Mothers who Abuse Drugs During Pregnancy
A Tennessee law that went into effect on July 1, 2014, would allow a woman to be charged with assault for the harm her drug use has inflicted on her child. State officials thought that this was the best course of action to stem the tide of infants born dependent on drugs. On July 8th,…
Read MoreCan You Really Be Charged with DUI When You are Not Driving Your Car?
In Tennessee, the short answer is yes. Let’s say, for example, you are riding as a passenger in your car while someone else is driving, and that person has had too much to drink. If the police pull the car over because the driver has been swerving or driving erratically, and they charge the driver…
Read MoreNew Texting Gun Would Catch Drivers Texting Behind the Wheel
Texting while driving is a threat to safety on the road that is growing more and more significant as more people think that they can get away with texting behind the wheel, according to the National Highway & Traffic Safety Administration NHTSA website distraction.gov. Texting behind the wheel causes more impairment than drinking and driving.…
Read MoreWhat Does “Contempt of Court” Actually Mean?
If you watch police procedurals or legal-based TV shows, you’ve probably heard a judge say “You’re out of order, Counselor” (or something along those lines) and then fine the attorney or the client for being in “contempt.” As a general rule, however, these types of shows don’t get the nuances of legal proceedings right, so…
Read MoreImplied Consent and Breathalyzer Tests
When you are stopped for an alleged drunk driving charge, one of the first things the police officer asks you to do is to submit to a Breathalyzer (or Alco-Sensor) test. The question comes up constantly: Am I required to take the test, and what are the consequences of refusing? The short answer is no:…
Read MoreIn Tennessee, a DUI Requires a Motor Vehicle
In certain parts of the country, you can receive a DUI / DWI for operating any kind of vehicle – including a bicycle. In Tennessee, however, DUIs are exclusive to motorized vehicles. This includes: Riding a lawnmower Riding a motorcycle Riding a moped Driving a car or truck Riding a scooter Driving an ATV Driving…
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