Criminal Defense Law
What 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 MoreOctober is National Domestic Violence Awareness Month
The news has been inundated with stories regarding famous athletes, celebrities and politicians committing acts of domestic violence on their partners, spouses and children. There is no excuse for violence, but acts committed against loved ones seem especially heinous. In the hopes of spreading awareness about the horrific nature of domestic violence, we share with…
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 MoreSeparate Sovereignty and Double Jeopardy: Investigating Darren Wilson
You can’t turn on the news these days without hearing about Michael Brown, an unarmed teenager in Ferguson, MO who was killed by a police officer. The evidence is currently being presented to a grand jury in St. Louis, and we expect that this particular case will be taking up a lot more air time.…
Read MoreFBI Errors May Have Gotten Some People Killed
In 2012, the FBI and Department of Justice launched a massive investigation into 2600 cases – including 45 death row convictions – stemming from the 1980s and 1990s. But after finding evidence of flawed forensic information in 160 cases, the FBI shut the review process down. The Washington Post reports that “According to the FBI,…
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…
Read MoreSupreme Court Rules Warrant Required to Search Cell Phones
On Wednesday, the Supreme Court ruled in favor of new privacy laws, requiring police officers and law enforcement officials to obtain a warrant before searching criminal suspects’ cell phones or other small electronic devices. The unanimous 9-0 vote of the justices ruled smart phones and other electronic devices are not in the same category as…
Read MoreTennessee Requires Ignition Interlock Devices for All DUI Offenders
In 2013, a drunk driver killed Tennessee Titans player Delanie Walker’s aunt and uncle. So, it’s no surprise that he was front and center at a press conference singing the praises of Tennessee’s new ignition interlock device law. The new Tennessee law that went into effect on July 1, 2013 allows DUI offenders a chance…
Read MoreSimple Assault v. Aggravated Assault
When the Tennessee Bureau of Investigation put together its last report, they discovered that 57% of all crimes in Tennessee are committed against property. Theft and fraud top the list, though vandalism and arson make appearances as well. But from an individual standpoint, there were more cases of assault and aggravated assault than any other…
Read MoreWhen Frat-House Pranks and Toga Parties Go Horribly Wrong
Ah, college – a time for fun and freedom, with a little learning thrown in. For a lot of young men and women, college seems like a fun stop on the way to the “real” world of 9 to 5 jobs and utility bills. Whether you’re a UT Volunteer in Knoxville or a Blue Raider…
Read MoreHappy about the Undisclosed Rape Law? You Can Thank a Policeman.
Let’s get this out in the open: we know that criminal defense lawyers can sometimes appear a bit, well, harsh on Tennessee police. The police are in the habit of seeking punishment for the accused, while we’re in the business of seeking justice in the courts. It can seem like the two are at odds,…
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