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Questions Answered by Brandon D. Fersten
2 Answers | Asked in DUI / DWI for Tennessee on
Q: What is the Statute of limitation for DUI in Tennessee?

I was arrested for DUI in November of 2019, and have yet to be convicted. The case keeps getting reset due to Covid and other issues within the court. It’s now been almost 4 years since my arrest. Does this count as being past the 1 year statute of limitations?

Brandon D. Fersten
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Brandon D. Fersten
answered on Jun 20, 2023

Unfortunately, the answer is likely no. However, there are a few potential ways the length of time may become relevant and result in a resolution of your case. The first question is dependent on whether the case is still in general sessions or in criminal court. If the case is still in general... View More

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2 Answers | Asked in Criminal Law, Estate Planning, Family Law and Elder Law for Tennessee on
Q: can he/she get a warrant out on them based on accusations? without questioning the other party beforehand

can they get a warrant out on someone without facts after threatening other parties. making accusations

Brandon D. Fersten
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Brandon D. Fersten
answered on Mar 27, 2023

Unfortunately he said/she said occurs in far too many criminal cases but the allegations of one individual is enough for the police to get a warrant for your arrest if it is enough evidence to support probable cause of the offense. If the individual is making threats to you and/or other individuals... View More

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2 Answers | Asked in DUI / DWI, Municipal Law and Civil Rights for Tennessee on
Q: Is a person allowed to have the vehicle picked up by owner if gets dui in tn.

My son got a dui in my truck. He asked if I could pick it up. It was walking distance for me. It was denied. It cost me 250 to get out. Just to towe a few miles. What are the laws

Brandon D. Fersten
PREMIUM
Brandon D. Fersten
answered on Mar 27, 2023

Yes, the Tennessee Supreme Court has actually held that a police officer must provide an individual the opportunity to make their own arrangements for their vehicle rather than inventory search the vehicle and tow it in a case called Drinkard. However, this issue only becomes relevant as far as any... View More

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1 Answer | Asked in DUI / DWI for Tennessee on
Q: What is my recourse if the cop lies and says he smells alcohol and the fact that i dont drink

I have not had a drink in over 40 years

Brandon D. Fersten
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Brandon D. Fersten
answered on Jan 12, 2023

If you were arrested for DUI it is imperative that you hire a DUI lawyer. Officers routinely write "strong odor of alcohol, slurred speech, unsteady on feet, red watery and bloodshot eyes" in nearly every arrest warrant for DUI. The only recourse is to question him on the witness stand in... View More

2 Answers | Asked in Criminal Law for Tennessee on
Q: I was pulled over for no reason when I ask the officer why he could only ssid I looked suspicious. He finds drug on me

Can I beat these charges for illegal stop

Brandon D. Fersten
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Brandon D. Fersten
answered on Jan 10, 2023

Without probable cause that you committed a criminal or traffic offense, an officer cannot initiate his or her blue lights to seize your person and cause you to pull over. The officer needed specific and articulable facts to establish probable cause and seize you. However, unfortunately, the case... View More

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2 Answers | Asked in Domestic Violence and Criminal Law for Tennessee on
Q: My husband was arrested for domestic assault for pushing me the ground while drunk after someone called the cops on him

After being released on bond, he immediately entered into a rehab program and will be back for the hearing. I’m not sure what happens since I’m not the one who called the cops. The big issue is alcohol and I would love for him to continue treatment. When sober, he doesn’t show any signs of... View More

Brandon D. Fersten
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Brandon D. Fersten
answered on Jan 11, 2023

Generally, the defense attorney will set the case for a preliminary hearing and the State will subpoena you as their witness at the hearing. However, before the hearing takes place, the ADA assigned to the case will be in negotiations with your husband's attorney. Your husband's attorney... View More

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1 Answer | Asked in Domestic Violence and Criminal Law for Tennessee on
Q: Can I get arrested for missing a status report hearing for misdemeanor domestic violence in erwin Tennessee
Brandon D. Fersten
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Brandon D. Fersten
answered on Dec 29, 2022

Yes, you have an obligation to appear at every court date if you are a defendant in a case. It is imperative that you call your lawyer immediately to explain why you missed court so that your attorney can reach out to the ADA on your case to request they lift the attachment for your arrest that the... View More

1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Tennessee on
Q: What to expect with a misdemeanor of 1 and half oz of weed in car?

I was trying to pump gas and cop smelt weed coming from my car so she came up to me as I was trying to leave. Also on my citation she wrote the wrong date

Brandon D. Fersten
PREMIUM
Brandon D. Fersten
answered on Dec 28, 2022

Simple possession is a Class A misdemeanor punishable by 11 months and 29 days in the detention facility. Realistically, if you were released on a citation and do not have a criminal history it is likely that you would get probation. However, you do not want to simply plead guilty to the simple... View More

2 Answers | Asked in Criminal Law and Civil Rights for Tennessee on
Q: My son had been wrongfully charge and they are holding him without any evidence. Do i need attorney about his case
Brandon D. Fersten
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Brandon D. Fersten
answered on Dec 27, 2022

I definitely recommend hiring an attorney since your son has been criminally charged and depending on the nature of the charges he could be facing serious jai time, probation, becoming a felon and other potential consequences.

Additionally, if he is currently being held and unable to make...
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2 Answers | Asked in DUI / DWI and Criminal Law for Tennessee on
Q: Is there a statue of limitations on a dui in tn?

I was arrested 12/3/21 for dui. Since my 1st court date my case has been postponed because the arresting officer has been away on military leave. I'm getting ready to go back to court soon. When I go back it will have been over a year. Is it possible to ask to have the case dismissed?

Brandon D. Fersten
PREMIUM
Brandon D. Fersten
answered on Dec 13, 2022

The SOL may have been met by the Arrest Warrant. However, you should have your lawyer review the arrest warrant to make sure each element of the offense is supported by factual details. If an element of DUI is not supported factually within the arrest warrant then your lawyer can move for the court... View More

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2 Answers | Asked in DUI / DWI for Tennessee on
Q: Got a DUI 3 yrs ago. 1st offense. I don’t have a vehicle to put the interlock on, so no license. What can I do?

DUI was 3 yrs ago. No accident or any damage. I was very compliant. Was given absolute minimum punishment including unsupervised probation from day one. In the states database I am eligible to get my license. But I don’t have a vehicle in my name to put the interlock device on so TN will not even... View More

Brandon D. Fersten
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Brandon D. Fersten
answered on Dec 9, 2022

Unfortunately, although an ignition interlock is not a requirement of a DUI conviction in Tennessee, as the other attorney eluded to, it is a requirement that you have an ignition interlock on a vehicle for one year to be eligible to get your license reinstated. As such, to get your license back... View More

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2 Answers | Asked in Criminal Law for Tennessee on
Q: I have 2 misdemeanors showing on my record from 2014. Can I get them exponged?
Brandon D. Fersten
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Brandon D. Fersten
answered on Oct 26, 2022

The answer depends on the disposition of the case and which misdemeanors were committed. Some misdemeanors are not eligible to be expunged, such as a DUI, but the majority of misdemeanors are expungeable. The legislature amended the expungement statute years ago to allow individuals to expunge up... View More

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2 Answers | Asked in Criminal Law for Tennessee on
Q: Is initially giving your maiden name to police criminal impersonation?

I was arrested for public intoxication and I gave them my maiden name which I use more frequently. I thought they’d be able to look me up with either. I then gave them my legal name. Now I’m being charged with criminal impersonation?

Brandon D. Fersten
PREMIUM
Brandon D. Fersten
answered on Mar 27, 2023

I suggest hiring a criminal defense attorney to represent you through these allegations. Criminal impersonation requires that you used that false name with the intent to defraud the police. Of course, if it is your maiden name there was no attempt to defraud and your lawyer should be able to work... View More

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1 Answer | Asked in Personal Injury for Tennessee on
Q: Bought a truck they never told me it was in an accident. Can I do anything about it?
Brandon D. Fersten
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Brandon D. Fersten
answered on Jul 17, 2020

Yes, you have a few options to attempt to resolve this issue if the company knew that the vehicle was in an accident but concealed that information from you and you were not able to determine that the vehicle was previously involved in an accident through the carmax or a similar report.... View More

1 Answer | Asked in Car Accidents for Tennessee on
Q: Can I be cited for leaving the scene on private property. While parking damage occurred at minimal.

Unable to contact other party as they were inside at work and I do not know the individual. I left at the end of my shift. A officer called me 6 days later to speak with me and cited me

Brandon D. Fersten
PREMIUM
Brandon D. Fersten
answered on May 14, 2020

In short, yes. Leaving the scene of the accident with damage to another vehicle that appears to be less than $1,500 is a Class B Misdemeanor. A Class B Misdemeanor carries a maximum jail time of 6 months and fines up to $500. The court in addition to or in lieu of those penalties can require you to... View More

1 Answer | Asked in Juvenile Law for Tennessee on
Q: can i legally leave home tonight if I am 16 years old (almost 17) and will i be sent to juvenile for it?
Brandon D. Fersten
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Brandon D. Fersten
answered on May 14, 2020

If you do not have your parents' permission to leave your house, I would advise against it. If you leave your home without your parents' consent and they call the police, you will be known as a runaway and the court can find that you are an "unruly child" in need of treatment... View More

2 Answers | Asked in Family Law, Child Custody, Civil Rights and Juvenile Law for Tennessee on
Q: Girlfriend doesnt want to go home but she is a minor. Can the boyfriend get into trouble?

My cousin is 18 and his girlfriend is a minor. She doesnt want to go home but instead stay with him. Can my cousin still get into trouble even tho it's her choice?

Brandon D. Fersten
PREMIUM
Brandon D. Fersten
answered on May 14, 2020

Whether your cousin can get in trouble or convicted for allowing his girlfriend to stay with him depends on a few factors. To start, it is a class A misdemeanor to harbor or hide a minor, with knowledge that the child is a runaway, if your cousin either (1) fails to notify the child's parents,... View More

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1 Answer | Asked in DUI / DWI for Tennessee on
Q: I need to show the consequences, when caught, to my step-son for driving while smoking marijuana, he already has a DUI
Brandon D. Fersten
PREMIUM
Brandon D. Fersten
answered on Nov 3, 2019

I would explain to your step-son that he can be charged and convicted of a DUI for driving while smoking marijuana. It is a common misconception that you can only be convicted of DUI for drinking and driving. The DUI statute makes it a crime to drive or be in physical control of a motor driven... View More

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Tennessee on
Q: Can a towing company increase the price on a previous quote?

The towing company gave me a $75 quote on towing service and I accepted. Once they got there, they said it was going to be harder than they had expected to get my car out of a ditch. They also needed to call a police offer to direct traffic. Before the officer arrived and before they even towed my... View More

Brandon D. Fersten
PREMIUM
Brandon D. Fersten
answered on Oct 27, 2019

To start, it sounds like you originally had an oral contract for your vehicle to be towed for $75. As such, generally speaking, the towing company was required to tow your vehicle for the agreed upon price. The price is usually offered based on the distance that the vehicle will be towed and the... View More

2 Answers | Asked in Criminal Law and White Collar Crime for Tennessee on
Q: In Criminal Case is there just one discovery or is there multiple for defendant to recieve before trial or indicted
Brandon D. Fersten
PREMIUM
Brandon D. Fersten
answered on Oct 27, 2019

In a criminal case the defendant usually receives discovery from the State multiple times as the State continues to accumulate more evidence against the defendant. To start, before a defendant is indicted and while the case is in general sessions court, the defendant usually receives limited... View More

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