Attorney Offices by Municipality
- Bartlett
- Jeffrey Jones:
In Tennessee, drunk driving charges are known as DUI (Driving Under the Influence). Only in other states will you find a DWI (Driving While Intoxicated) charge. Whether you are a Tennessee resident or a visitor from another state, the Law Office of Jeffrey Jones can represent you in matters involving Tennessee DUI charges.
License suspension does not result upon arrest, but on after conviction. If we can get you freed from charges or resolve your case without a conviction, you will not lose your license.
If you are arrested for a second offense DUI, your car will be confiscated and impounded. Officially, this is known as "civil forfeiture," and is done by the Tennessee Department of Safety, not the police.
- Brentwood
- George Fusner:
Even if this is your first offense, the penalties for driving while
intoxicated (DWI) or under the influence (DUI) of a controlled
substance or prescribed medications can be serious. Such penalties
include:
- License suspension
- Fines
- Attendance in alcohol prevention programs
- Jail time
You may also be charged with higher insurance premiums for a period of several years.
- Lee Dryer:
A writ of habeas corpus is used by someone in custody to test the
legality of his or her confinement. A writ of habeas corpus applies to
all confinement or restraint that is unlawful. A writ of habeas corpus
only determines the lawfulness of a person's confinement. It cannot be
used as a substitute for a direct appeal of the person's conviction.
- Bristol
- Dougherty, Lynn:
Automobile Accidents
Business Litigation
Criminal Defense
Custody
Divorce
Family Law
General Trial Practice
Medical Malpractice and Wrongful Death Law
Personal Injury Law
- Carthage
- Brooks, Richard:
DUI / DWI
The laws relating to drunk driving differ from one state to another, and even vary
in terminology ("drunk driving," "DUI" or "driving under the influence," "DWI" or
"driving while intoxicated," "impaired driving," etc.) These differences can involve the
legal definitions of the offense, effects on license suspensions and/or restrictions, the
nature of court and administrative procedures, nature and severity of penalties, what
conduct constitutes a felony, and so on.
- Chatanooga
- Clarksville
- Collegedale
- Harry Miller:
Under the Sixth Amendment of the United States Constitution, a defendant has a right to be confronted with witnesses who testify against the defendant. In addition, under the Fourteenth Amendment of the United States Constitution, the defendant has a right to due process. Included in these rights is a defendant's right to be present at his or her trial.
- Cookeville
- Joe McLerran:
You should consult an attorney for individual advice regarding your own situation.
- Cordova
- Cohn Law Firm:
Sometimes a trial is the best course of action. The client then has the
right to have a jury of his peers hear the evidence, and then decide
whether or not the client is guilty, and what the sentence will be.
- Covington
- Franklin
- Ofman, Lee:
A motorist who is stopped for DUI in Tennessee has certain rights which include the right to remain silent. There are other important rights which should be discussed with an attorney.
A DUI arrest can lead to loss of driving privileges and time in jail. Once convicted, the motorist will have a permanent record of that conviction, and it can be used against him in future court proceedings for up to ten years.
DUI's can be successfully defended...
- Byrd
& Asssociates: Facing criminal charges is painful and traumatic for
most people, and conviction can result in serious, life-changing
consequences.
- Gallatin
- Garner, Patti:
everyone is entitled to zealous representation and equal justice
- Germantown
- Jackson
- Johnson City
- Scott Pratt: A DUI conviction has serious consequences including jail time and the loss of your driving privileges.
- Knoxville
- Lebanon
- Lannom & Williams:
An often uncompromisingly prosecuted offense, a charge of Driving Under the Influence (DUI) can have debilitating consequences for the citizen accused. With this crime, a citizen accused can be convicted based on the opinion of a police officer, yet face significantly harsh penalties. In Tennessee, the blood alcohol content limit is .08, which for some people can mean as few as two drinks depending on factors such as weight, individual rate of metabolism, the time period in which the drinks have been drunk, and multiple other varying factors.
Even though most DUI offenses in the state of Tennessee are classified as misdemeanors, the penalties for a DUI are notably significant.
Beginning with the conviction of a First Offense DUI, the citizen accused is subject to:
* Maximum sentence of 11 months, 29 days, with a minimum of 48 hours in jail (or a minimum of 7 days in jail if, at the time of the offense, the defendantÕs blood alcohol level was .20% or above);
* Minimum $350.00 fine and court costs;
* Loss of driverÕs license for a period of one year;
* Enrollment in a court approved DUI education course.
* License revocation for one year if a defendant is found to have refused to submit to a blood, breath, or urine test after being lawfully requested to do so, sometimes even when the defendant is not convicted of driving under the influence!
For a subsequent or Second Offense DUI, the alleged offense must occur within 10 years of the first offense, and the citizen accused may be subject to:
* Mandatory jail time of 45 days;
* Fine between $600.00 and $3,500.00 as well as court costs;
* May also require participation in a court approved alcohol or drug treatment program;
* Mandatory loss of license for a period of 2 years.
For a Third Offense DUI, the citizen accused will be subject to:
* Mandatory jail time of 120 days and up to 11 months and 29 days;
* A minimum fine of $1,100 and up to $10,000.00;
* Mandatory loss of licence for a minimum of 3 years and up to 10 years.
For a subsequent or Fourth Offense DUI, a conviction is classified as a Class E Felony; also, the citizen accused will face:
* A minimum fine of $3,000.00 and up to $15,000;
* Mandatory imprisonment from 150 consecutive days, to be served day for day, to the maximum length of imprisonment allowed for a Class E Felony;
* Mandatory loss of license for a period of 5 years;
* Extensive community service for any prescribed period of time in addition to a number of other penalties possible.
The amount of mandatory jail time, fines, and length of time for a loss of license increase exponentially with each conviction of DUI as do the repercussions as to your record and finances. For these reasons it is imperative that you retain sound legal advice and representation to insure the protection of your rights and to prevent some of these drastic consequences from occurring which have potential to permanently affect your education, career, and professional opportunities as well as causing conflict in your personal life.
- Lowery, Lowery & Cherry:
How does Tennessee handle criminal investigations?
An officer must have reasonable suspicion that a crime is or has been committed before an individual can be questioned or restrained, according to the fourth amendment to the United States Constitution.
If an officer can find evidence to support an arrest, the accused is advised of Miranda rights, including the right to remain silent and the right to counsel. If the person chooses not to speak to the police officer, transport to a holding or booking facility follows. A magistrate will be presented with the case and then issue the arrest warrant if enough preliminary evidence is presented. A bond may be granted and a court date issued.
What is a plea bargain and how does it work?
A plea bargain allows a defendant to plead guilty to lesser charges with shorter penalties in exchange for saving the court from having to hold an expensive trial.
For instance, if an individual was charged with a second offense DUIÑoperating a motor vehicle while impaired for the second timeÑthe minimum penalty for that offense is 45 days in jail in the state of Tennessee.
In a plea bargain, this may be changed to a DUI first offense. The defendant may receive two days in jail as opposed to the 45-day sentence. Defendants who know they are guilty and are aware of the amount of evidence again them generally opt for a plea bargain with its sure penalty, rather than pleading not guilty in court and risking punishment to the full extent of the law.
What are the most common mistakes your criminal clients make?
Number one is they allow officers to search them, or their vehicle or their home, without a warrant. Consenting to search is probably number one.
Number two is talking with officers instead of remaining silent. They will give statements when they should consult with a lawyer first.
We could solve so many problems for our clients if they simply would say no, you cannot search and no, I am not going to speak with you.
A common question often asked by those facing criminal charges is what would be the point in hiring a criminal defense attorney if youÕre pleading guilty anyway?
ThatÕs an excellent question because the majority of American citizens donÕt understand their rights or the criminal justice process.
By going into a court of law unrepresented, you lose the opportunity to take advantage of procedures and rights that only criminal defense lawyers have knowledge of.
If you donÕt have someone to advocate the best possible outcome for you, even if you plead guilty, negative things may happen that can never be undone.
For instance you may be eligible for a Tennessee diversion agreement whereby at the end of a certain period of time your case may be able dismissed and expunged from the record. If you do not have legal counsel, more likely than not, you will know about the availability of diversion.
That is just one of the many issues that arise for people who are unrepresented by legal counsel in criminal matters.
- Madison
- Kimberly Hode:
Refusing to answer a police officer's questions is not a crime. Of
course, people often voluntarily assist the police by supplying
information that might help the police make an arrest. But the Fifth
Amendment to the U.S. Constitution guarantees the "right of silence." A
police officer generally cannot arrest a person simply for failure to
respond to questions. This means that unless a police officer has
"probable cause" to make an arrest or a "reasonable suspicion" to
conduct a "stop and frisk," a person approached by the police officer
has the legal right to walk away. But the fact that there may be a
legal right to walk away doesn't mean this is a wise move. This is
because there is no real way to tell what information the officer is
using as a basis for his or her actions. In fact, the officer may have
information that gives him or her a valid legal basis to make an arrest
or to conduct a "stop and frisk," even if the individual is, in truth,
innocent of any wrongdoing. If that is the case, an officer may
forcibly detain an innocent individual who starts to leave the scene of
an interview.
- Maryville
- Memphis
- Millington
- Lewis, Paul:
Challenging a DUI arrest is often a matter of comparing the police officer's impressions with hard evidence such as the arrest video and the jail intake physical. When the officer reports that you were obviously impaired according to the field sobriety test, but the other evidence indicates you were fine, the state has to prove that the video or jailer is wrong. Often, these cases are dropped.
Another common mistake that can lead to dismissed charges occurs when police officers make use of nonstandard field sobriety tests. If you were charged with DUI based on an invalid test Ñ reciting the alphabet backward, touching your nose, counting backwards, or counting on your fingers, for example Ñ call DUI (a) defense lawyer ...
- Murfreesboro
- Nashville
- Nashville
- Nashville
- Nashville
- Nashville
- Nashville
- Sevierville
- Ogle, Gass & Richardson:
Driving under the influence (DUI)
A DUI conviction may result in jail-time, a criminal record, and loss of your driver's license. Collateral consequences include higher insurance premiums, fewer job prospects, and the public stigma associated with a criminal conviction.
- South Nashville
- Jennifer Thompson:
What Does It Mean To Be Charged With A Crime?
When you are charged with a crime, someone has accused you of breaking the law.
Criminal charges can start three different ways:
¥ You can be arrested at the scene of the alleged crime by the police;
¥ You can be arrested later based on a warrant issued after someone, either private citizen or police officer, has sworn before a judge that you have committed a crime; or
¥ You can be arrested based on an indictment from the grand jury. This "direct presentment" is the result from an investigation through the District Attorney's office.
Regardless of how the charges begin, there must be enough evidence that, an average person, once they hear the facts, would believe that there is a reasonable chance that you have committed a crime. This is called "probable cause."
What Is General Sessions Court?
In criminal matters, general sessions court is where most cases begin. Anyone who was arrested at the scene of a crime or was arrested based on someone's sworn statement will come to this court first.
There is never a jury for cases in general sessions court. General sessions court is not "a court of record." This means that when you appeal a trial from this court, you start over fresh with a new trial in criminal court. There is no court reporter, but everything is audio taped.
Most criminal cases in general sessions court are not set for trial but instead are set for preliminary hearings.
The law treats felony and misdemeanor cases differently in general sessions court.
What Can Happen To A Misdemeanor Case In General Sessions Court?
General sessions judges can "try" (as in have a trial) cases, if they are misdemeanors, but only if the defendant and district attorney agree to "waive a jury trial." If the case is tried in general sessions court, then the guilt of the defendant is decided at this level and the case does not continue on to the grand jury. The result is that the defendant waives his right to have his case heard by the Grand Jury.
Defendants can plead guilty to misdemeanor charges in general sessions courts and judges can sentence people on these charges.
The district attorney can always dismiss charges.
The judge can have a preliminary hearing on misdemeanor charges in general sessions court. But, most misdemeanor cases are disposed of (there is a trial, guilty plea, or they are dropped) in general sessions court unless they are related to felony charges.
What Can Happen To A Felony Case In General Sessions Court?
You cannot have a trial or plead guilty to felony charges in general sessions court. Most felony cases are set for a preliminary hearing. The district attorney dismisses a small number.
It is possible to reach a plea agreement with the district attorney in general session court and "by-pass" the grand jury. This is called a "criminal information." Pleading guilty to a "criminal information" waves several important rights of the defendant (the right to a preliminary hearing and the right to a grand jury). This is not usually a good idea, but there are a few times when it can benefit the defendant.
This is one example of when it is a good idea to plead guilty to a criminal information. When a defendant cannot make his bond he must wait in jail from the time the case is bound over to the grand jury and the time it is transferred to criminal court. This wait will be somewhere between four and six months. If a defendant is offered a jail sentence of less than four months then is can be a good idea to plead guilty to a criminal information.
A criminal information is a three-part process and takes about a month. The first step is for the defendant to waive his preliminary hearing in general session court and to sign a written agreement stating what crimes he is pleading guilty to and what the sentence will be for the crimes. The second step is for the district attorney to draft a formal statement of the charges, called an information. This information takes the place of the grand jury indictment.
The third step is for the defendant to go to criminal court. If the judge agrees with the plea-bargain, then the defendant can plead guilty to the charges and receive his sentence from the judge.
What Is A Preliminary Hearing?
A preliminary hearing, or probable-cause hearing, is the court hearing where the state must prove that it has "probable cause" to believe that you have committed a crime. These hearings take place in the general sessions courts. In Davidson County, this means that they will usually be held on the third floor of the courthouse or in the small courtroom at the Criminal Justice Center. Occasionally, general sessions court for domestic cases (husband/wife, boyfriend/girlfriend, parent/child) will be held in the Ben West Building.
At the preliminary hearing, the judge will decide whether there is enough evidence to believe that there is a "reasonable" chance you have committed a crime. This is a different type of hearing than a trial, where the judge is deciding whether you are guilty of a crime. It is much easier to find that there is a chance you committed a crime so the "standard of proof" is very low.
If the judge decides that there is a chance you have committed a crime, your case will be "bound over" to the grand jury. If the judge decides that there is not enough evidence to believe that you may have committed a crime the case is dismissed. If the case is dismissed at this point, the district attorney can still take your case to the grand jury. A dismissal of your case at this stage does not mean your case has ended. It might still come back up. If it does, you will be notified that there is an indictment against you. You may be arrested on the indictment and have to pay a new bond.
What Is An Arraignment?
If you have been charged with a crime, your first appearance in court before a judge is usually your arraignment. This is when your charges are read and you enter your first plea.
Arraignments in criminal court are usually held on Wednesday mornings. When it is your turn to be arraigned, your name will be called. If you have hired an attorney, your attorney will answer for you. You and your attorney will stand up before the judge. The judge will give your attorney a copy of your "indictment" from the grand jury and a schedule of your next few court appearances. Your attorney will enter a "not guilty" plea for you. He will also tell the judge your birth date and social security number. The arraignment takes about five minuets.
If you cannot afford an attorney, you must fill out an "affidavit of indigency." Even if you were appointed an attorney (public defender or private) in general sessions court, you must be re-appointed an attorney in criminal court. The public defender's office is always in court, but you must call your private attorney to tell him about the arraignment date.
- Trenton
- Jeffrey
Smith: The determination fo the need for legal services and the choice
of a lawyer are extremely important decisions and should not be based
solely upon advertisements, certification, specialization or
self-proclaimed expertise.
- Unknown
- Ryan, Ed:
Why fight my case?
If you go to court and plead guilty to a DUI, there is a 100% chance that the judge will find you guilty of DUI, and a 100% chance you will have a DUI conviction on your permanent criminal record. If you plead guilty, you are guaranteed to suffer every consequence the court wants to impose.
However, fighting your case means that a lawyer will do everything possible to positively affect the outcome. Fighting your case means that the prosecutor may not be able to get all the witnesses or evidence he needs to convict you. Fighting your case means you have a chance.
There are significant legal reasons to fight your case. Perhaps the officer didnÕt have a valid legal reason for stopping you in the first place, and the evidence gathered is suppressed. Perhaps the breath machine is out of calibration, and your .09 is really a 07. Perhaps the blood sample is clotted or fermented, and produces a falsely high reading. These things will only be known if the case is fought.
And even in those cases where the BAC is accurate, and reads .08 or higher after you were stopped, what does that mean about the time of driving. It is not illegal to be .08 at the time of the Breath Test; the crime is driving above the legal limit. It is quite possible (even probable) that someone with a BAC above the legal limit at the time of testing was below the legal limit at the time of driving. This is due to the inherent delay in absorption, distribution and elimination of alcohol in the human body. These things will never be explored, unless you fight your case.
There are emotional reasons too. As any boxer will tell you, it is better to go down swinging than to back down from a fight. Shrinking from battle, whether in the courtroom or elsewhere in life, can bring emotional wounds that are far more hurtful than anything the judge can do to you. Sometimes it is important to fight, just so you know you have done everything in your power to help the situation. To not do so is to carry emotional baggage for a lifetime.
- Mills & Wagner:
My Lawyer has told me not to talk to anyone about my case, not to answer questions, and not to reply to accusations.
Call my lawyer if you want to ask me questions, search me or my property, do any tests, do any lineups,
or any other identifications procedures.
I do not agree to any of these things without my lawyer present and
I do not want to waive any of my constitutional rights.
BACK TO DRUNK DRIVING DEFENSE
|