Tennessee's DUI law has changed once again to further focus serious prosecution efforts on repeat DUI offenders. As of July 1, 2016, TCA 55-10-402(a)(5) creates a class C felony for a person convicted of a 6th or subsequent offense DUI, for people with 5 or more prior convictions for DUI, or other more serious alcohol [...]
Several years ago, the Tennessee State Legislators passed an amendment to the DUI law requiring citizens convicted of DUI to a mandatory penalty of litter pickup for 24 hours, generally done in three 8 hour stints. The law was an unfunded mandate placing expense on local sheriff's departments. There was difficulty administering the law; many [...]
“Keep it within the navigational beacons.” It’s Five O’Clock Somewhere- Jimmy Buffett I represent several people every year who have been accused of Boating Under the Influence. The Tennessee Wildlife Resource Agency has cracked down on the offense and may be watching you on your next visit to the lake or river. No matter if its [...]
Tennessee currently criminalizes a person's refusal to consent to a blood or breath test at the request of law enforcement in most situations. The refusal can carry up to 11 months and 29 days in jail and a suspension of their driving rights. In Birchfield vs. North Dakota, the United States Supreme Court found that taking a [...]
We recently gained a dismissal for a client had exited the highway, pulled over to the side of the road, and gone to sleep. While it wasn't completely clear what his exact location was, he was not on the lined roadway, at least partially in the gravel. The issue of when and where you can [...]
The Rutherford County Sheriff has been indicted on numerous charges including bribery and fraud by federal authorities. The charges stem from an e-cigarette company that targets vulnerable men and women, prisoners for whom the Sheriff is responsible. The company was started in Georgia and moved to Tennessee without revealing the Sheriff's authority. The indictment of the Sheriff follows [...]
There are times when settlement of case is in our client’s benefit. Under the new DUI sentencing laws of 2014, treatment programs play a major part in how a client's sentence can be served. Many times the difference between serving 45 days (day for day in jail) and 25 days (with the [...]
We should always carefully examine the consequences of creating laws that prohibit and harshly punish acts we simply don't like, but that aren’t inherently evil actions. In the international world, Reverend Hyan Soo Lim was given a life sentence with hard labor today in North Korea after traveling to the country on [...]
This simple question is actually a multi-layered problem and its answer is subject to several different interpretations and situations. Tennessee is an equitable distribution state which means basically that whatever you bring into the relationship - you leave with; whatever you earn or receive during the marriage is marital property; and marital property (property bought [...]
Twenty-five years ago, it would have been hard to imagine the fields to the south of the Mt. Juliet exit at I-40 turning into the major commercial and residential development that is Providence. Back then, Mt. Juliet stopped at the interstate. Highway 109 was practically untraveled and Highway 70 from Mt. Juliet to Lebanon [...]
