yesterday morning I walk into the restroom to see a bunch of people smoking a vape I hit it to fit in not knowing that it is 90% Thc illegal in my state I live in Tennessee, fast forward a couple hours I get pulled out of class and asked if I had smoked anything I said no but than they check my... View More 
answered on Oct 30, 2022
The first thing you need to do is let your parents know, and you (you and your parents) need to go speak to a lawyer. Schools are not allowed to question students without someone "friendly" to the student, and no, the school administrators and teachers are usually friendly to the school... View More
My dad's car was taken for driving on revoked from a 2nd DUI he got in 2007, they never charged him & the police drove off in his car, is that legal??
answered on Oct 27, 2022
Unfortunately, the U.S. Supreme Court has ruled that the statute regarding civil forfeiture of property used in the commission of certain crimes, including a 2nd DUI is not a violation of the Double Jeopardy Clause.
The forfeiture statute, which changed in 2015, states that the vehicle... View More
And if a wreck occured would I be charged with a dui for that amount of Alcohol in my system
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 24, 2024
Any amount of alcohol or other drugs in your system can be used as evidence for DUI. .08 is only an evidentiary presumption. So never take an implied consent test.
I went passed him and then he turned around and said I had my brights on but I did not and now got dui, drug, and weapons charges. All because he said my headlights were too bright but they are perfectly legal, I bought them from Amazon. I don't understand how I can be pulled over just because... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 8, 2024
Hire an attorney to file a Motion To Suppress Evidence due to an illegal stop. You will need to question whether the lights broke a Rule of the Road Statute.
I've never been arrested for anything, now being charged with dui, intent to distribute, and I had my gun with me, and a pair of brass knuckles and am being charged with those too.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 8, 2024
The circumstances give probable cause for a felony charge. Simple possession is almost never charged. Hire a competent attorney to prepare for a Preliminary Hearing. Time for a new phone and a steady job.
He was bonded out but given wrong court date. And arrested. He went to court and it was thrown out. He has been pulled over for driving on revoke license couple times since and even arrested but no warrent showed up . He in last month just went and got his license back. How is that possible... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 24, 2023
He needs to hire a competent attorney to represent him on the DUI. And he probably needs to contact DOS and see what is going on with his TNDL. For some reason he does not appear to have a valid DL.
He was unable to make phone call in jail and when bail was made attorneys were unavailable. Court date I'm 9 Monday morning. Should he enter a plea of not guilty until counsel is avaiable
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 17, 2023
If asked for a plea, then plea not guilty. He needs to hire an attorney to represent him, not a PD.
I'm now unable to work and disabled but still need to go to doctor visits and the store.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 22, 2023
You likely need a lawyer for this. If you have fulfilled the requirements of the law at the time of your conviction you may be able to get your license again. If you were required to have an interlock device on your car and did not, you might have to do that and get a restricted license while its... View More
2021 I got a dui. Put on 11/29 probation. Got an extension last yr. It's almost up. My dui class is April 29th. I got caught driving on revoked an go to court over it this Thursday. Also, I have a warrant for v.o.p for failing a drug test. (Got drunk an made bad decisions, never again even... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 10, 2023
There is a good chance that you will be incarcerated for the remainder of your Sentence. Are both Convictions in the same County or Judicial District? If not, you might get lucky on the DUI. Do not get any more Probation extensions. That was a mistake. Hire an attorney, not a pd.
I just finished my 150 days for dui 4th. They didn't make me surrender my license at the time. I was told to get intoxalock in vehicle and pay my fines. It has been 8 months since conviction and I have never gotten a letter from homeland security stating my license have been revoked etc. My... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 10, 2023
This is a public forum. You need to consult with an attorney to see what are possible consequences of driving. Driving on a Suspended License would be very bad, but getting another DUI would at least be a trip to prison.
Could expect to get? The original charge was a DUI 1st offense probation violation and had criminal impersonation as the most recent offense. They only had a little over a month left if they were to just serve the remainder of their sentence followed by 6 months of probation. They are a 3 time... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 14, 2023
He will probably have to serve the remainder of the Sentence incarcerated.
My wife has conducted drunk driving and just did drunk driving again for the second time with my son. She got in a wreck with my child in the back seat. She also has been physically abusive to me by throwing candle holders and putting hands on me. I am in the military and I am trying to figure out... View More
My fiance has been on probation for at least 10 years. He is on the sex offenders list. Got arrested twice for public intoxication. The dates are 9/26/22 &10/3/22
answered on Oct 27, 2022
Quite often it depends on the nature of the violation, his performance on probation overall and the jurisdiction he is in. Aside from the arrests for public intoxication, if his performance on probation has been good otherwise, regarding completing classes, paying fees, maintaining contact with... View More
My dad's car was taken for driving on revoked from a 2nd DUI he got in 2007, they never charged him & the police drove off in his car, is that legal??
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 29, 2022
If no charge was made by the LEO's, and no Forfeiture Warrant was issued, then it is an unlawful taking. But did Dad own the vehicle? I suspect more occurred here than what facts are stated. Driving on Revoked TNDL may be a charge in the making, which can take 1 year to initiate. The owner... View More
All 3 took place in TN. The District attorney offered minimum sentence on DUI 3. MY lawyer didn't agree and post poned my court date.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 1, 2022
Almost certainly a #3rd Offense. Talk to your lawyer that represents you. You might get 30 to 60 days less incarceration with a pled 2nd and more than the minimum. Or you might try it and take a chance on serving 6 months or more. With a 2nd, it is a 2 year TNDL revocation.
Also got simple possession. I'm 52 and take care of my disabled brother what should I do
answered on Aug 19, 2022
Hire local counsel to defend the charge. An attorney can review the facts and circumstances and determine whether you have a good defense, as well as engage the necessary experts regarding the medical condition.
It's a 5 speed truck and it rolled into the road. It wasn't started and was in the off position. They charged me with DUI and impeding traffic. Is this consistent with the law? I was curious because of the good Samaritan law
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 4, 2022
TN has always prosecuted anyone for DUI that had the capability of driving or the LEO suspected he had been driving earlier.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 27, 2022
If you are finished with your 11mo/29 day Sentence, then file a Motion to end supervised probation and the interlock requirement for your TNDL. Take that Order to the people who monitor your blowing device so they will remove it. Then you have to make Dept of Safety happy to get your license... View More
Remaining Probation fee’s is there something I can do because they refused to take my money a
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 25, 2022
Hire an attorney to go to Court, Docket or not, and handle the entire problem at once.
arrested on a sunday and on monday their bond and second court date was announced. bond is $8500
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2022
Those are both A Misdemeanors, 11 mo 29 days each. The probable jail time of 48 hrs and a year probation are not the real problems. It is loosing your TNDL and having either conviction on your record. Hire a competent attorney and prepare for a Preliminary Hearing.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
