All Results

Read More Violation: Attempted Aggravated Burglary

Results: Pre-Trial Diversion on Misdemeanor Criminal Trespass (no criminal record)

Additional Details: Our client was arrested after going to the home of a prior girlfriend and started to remove the screen in order to gain access to the home. Our client was charged with attempted aggravated burglary. Our investigation was able to show that, while the client did attempt to remove the screen, he terminated the attempt on his own accord. The matter only came to the attention of authorities after the family returned home from a vacation.  After completing our investigation, obtaining appropriate counseling for the client as to his reasons for making the attempt to enter the home, and compiling  his current college transcripts and accomplishments, an agreement was reached entering into a pre-trial diversion on a misdemeanor charge of criminal trespass. As a result, the client received no criminal record or supervised probation.

Read More Violation: State Petition to Declare Habitual Offender

Results: State's Dismissal of Petition

Additional Details: Client received 4th DUI and Driving on Revoked Drivers License convictions. State of Tennessee attempted to declare him an habitual offender due to 3 priors in 5 years.  Client’s previous attorney could not convince the State to drop the Petition. Client hired Frank Lannom, who made some unique proposals including the use of a transdermal device for 6 months if the State agreed to drop the Petition to declare him an habitual offender. The State of Tennessee agreed and dropped their petition.

Read More Violation:  DUI 2nd Offense

Result:  Allowed to plea to DUI 1st
 
Additional Case Details:  Client was charged with DUI 2nd Offense in Davidson County, Tennessee. This charge carries a minimum sentence of 45 days in jail and a 2 year driver's license suspension. Complicating our case was that the client had received their DUI 1st conviction less that 24 months prior to the 2nd, a situation the court does not look kindly upon.  The client was leaving a concert in downtown Nashville and was forced to stop due to foot traffic leaving the Eagles concert. He stopped his car under a red light as foot traffic from the concert was stopping traffic all over downtown Nashville, a situation of which the officer making the arrest took advantage of and questioned, tested and then arrested our client for DUI. The Defendant consented to a blood alcohol test, which revealed a blood alcohol content of .13, well over the legal limit. We filed a motion to suppress the stop of the Defendant's vehicle as it should have been obvious to the officer he was required to stop in this place due to the foot traffic in the area and therefore the results of the illegal stop should have been suppressed. However, the motion faced opposition as the officer's statement was correct that client was stopped under a red light.

The client was employed as an industrial engineer and could not afford to lose the trial, his license, or receive a 45 day jail sentence.  As a result of our negotiations with the DA and the filing of the motion to suppress, the client accepted a plea to DUI 1st and included 5 days in jail. Our defense saved at least 40 days in jail and a full year of suspension of our client’s license. He received a restricted license allowing him to drive anywhere anytime during the one year suspension with an alcohol interlock device.  End result, his job was saved.

Read More Violation:  Failure to Comply with Tennessee Sexual Offenders Registry Requirement

Results:  All charges dismissed

Additional Case Details:  Our client was charged in Sumner County, Tennessee with failure to follow the requirements of the Tennessee Sexual Offenders Registry. The Client had been subject to the abusive requirements of the registry for 15 years.  It was the Defendant’s second charge for violation and they had served 90 days in jail for the first conviction.  Upon investigation, it was uncovered that our client was eligible to be removed from the Registry.  Despite the mandatory minimum sentence involved and the client’s prior conviction, we were able to obtain a removal from the Registry for the client.  As a result, the current charge was dismissed and no jail time served. 

Read More Violation: DUI, DUI Enhanced (child under 16 in vehicle) and Reckless Endangerment

Result: All charges dismissed

Additional Case Details: Our client was charged with DUI, DUI enhanced by a child under 16 years old in the vehicle, and reckless endangerment.  Client's vehicle slid into a ditch on a narrow country road approximately 1/2 mile from his home. He walked home with his son to call a wrecker to pull it out of ditch. There was no damage to the vehicle. The client later realized he had taken the keys to the truck and walked back down the road with his son, believing the wrecker driver would need the key. Upon arrival, he found the police at his car and they began to question him about drinking and driving. Client admitted to drinking while at home, but denied drinking prior to driving.  Client was arrested for the above listed offenses. Officer told district attorney that the client admitted to having just wrecked and that he had been drinking while driving, which he said was recorded on his police vehicle's dash camera.  The proposed settlement demanded a DUI conviction and jail time as a result of officer's statements to prosecutor. After our repeated requests for the video tape on which the alleged confession was supposedly recorded, it was deemed "lost".  All criminal charges were dismissed against our client.

Read More Violation: DUI and Drug Possession

Result:  All Charges Dismissed

Additional Case Results: Our client is a truck driver from outside of the State of Tennessee.  He was visiting friends in Mt. Juliet, Tennessee when he and friend stopped to sleep in a local parking lot in his personal vehicle. Police officers woke him up and, after an investigation, charged the driver with DUI, possession of drug paraphernalia, and possession of Schedule III and Schedule IV drugs.  Although some alcohol was detected, the State was intent on further testing for the presence of drugs in the driver's system.

After an investigation, receipt of toxicology reports, and a substantial delay, our client’s career as an over-the-road truck driver was saved by a complete dismissal of all driving charges including DUI.  This was the only outline that could save our client’s CDL license.

Read More Violation: DUI 4th Offense, facing 150 days in jail, a felony conviction and an 8 year driving privilege suspension

Result: Allowed to Plead to DUI 1st and Retain of Driving Privileges

Additional Case Details: Defendant charged with DUI 4th offense by officers of the Mt. Juliet Police Department after receiving a call of an intoxicated driver at the gas pumps of a local station.  Blood testing revealed a blood alcohol level of .24%, 3 times the legal limit of .08.  A friend of the defendant, found through an investigation, testified the Defendant had become intoxicated and belligerent at a local watering hole. The friend then attempted to drive the Defendant home, who enroute became belligerent. The friend testified he left the Defendant and the vehicle at the gas station, even though Mt. Juliet officers insisted that the Defendant admitted to driving.  Further investigation showed that the keys to the vehicle were never found, fueling speculation that the Defendant did not drive.  Mt. Juliet officers interviewed  the on-duty gas station attendant who testified he saw the Defendant drive into the station. After extensive investigation, the Defendant received a reduction from DUI 4th offense to a DUI 1st and 5 weekends in jail and only a 1 year driving suspension, a fantastic result considering the Defendant was facing a minimum penalty of 150 days, a felony conviction and an 8 year license revocation. The Defendant further received an unlimited and unrestricted driver's license with the use of an ignition inter-lock device.

Read More Violation: DUI and Possession of Handgun

Result: Allowed to Plead to Lesser Charge and Retain Driving Privileges and Personal Firearm

Additional Case Details: Our client was charged with DUI and possession of a handgun while impaired.  Research showed the police officer stopped the Defendant's car after a report that a tan jeep was driving poorly. The officer pulls behind our client's blue jeep and followed it for several miles. Upon stopping the car, the officer reported the driver appeared to be impaired. My investigators uncovered the police call logs which showed that the citizen report called in concerning a tan jeep, during daylight hours, and our client was driving a blue jeep. Further investigation upon obtaining the video of the stop and arrest revealed the driving of the client's jeep and showed the driving was not indicative of an impaired driver.

After consenting to a blood test, the blood alcohol result was over twice the legal limit and our client was arrested for DUI.  After filing a motion to suppress the stop of the vehicle based on the officer lacking reasonable suspicion for the stop and combining this legal defense with appropriate education on the clients behalf, including DUI school and a Mother Against Drunk Driver's Impact panel, the DUI charge was amended to a lesser charge. The driver retained her driving privileges.  Review of the warrant and video revealed that, although the client was charged with possessing a firearm, it was actually locked in a safe box and unloaded.  The gun charge was dismissed and the weapon returned to the client.