I have not had a drink in over 40 years
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 
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?
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
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 7, 2022
Interlock is only for a restricted license. There must be some part of the
Sentence you did not comply with. Hire an attorney to deal with Department of
Safety. Insurance requirement will be tough since it must apply to any vehicle drove.
You may have to demand a DOS Hearing.
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
answered on Nov 2, 2022
Charges can be filed against you at any point within the statute of limitations. However, due to the highly-science-dependent nature of DUI prosecution, if you were not administered field sobriety tests at the scene, nor were you administered blood draws, which were sent to TBI, it is unlikely the... View More
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 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.
I had a blown tire. Was in a parking lot after drinks with friends. Called a lyft while waiting for said lyft in my car police came and arrested me. The car was not running and had a literal blown out tire so was not drivable at all.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 15, 2022
The State apparently believes that you drove the car earlier prior to it being inoperable. That is sufficient facts for the charge of DUI.
dads truck broke down, left it in the driveway of someone to avoid leavings it in the middle of a public road. i walked down to the location of the car in middle of the night due to my brother mentioning the presence of flashing lights at the truck. Upon arriving walking up to the situation the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 6, 2022
Not sure of your question, but you have stated alot of facts on a public forum. If charged with DUI, that is your main concern. Hire a competent attorney to prepare for a Preliminary Hearing. Apparently your actions or statements caused the LEO's to think you had the capability of... View More
It's been over 5 years since. I have no other court fees to pay and no other charges. The DA in Wilson County, Tn told me the Implied Consent charge couldn't be dismissed. After she done rigorous research on the topic, which took 3 days, she couldn't find the answer of why it... View More
answered on Jun 23, 2022
It can not be but the DA can put an order in that it can not be considered a misdemeanor and used against you.
Will have served over 60 days by court day
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 16, 2022
Mandatory Minimum of 120 days, and up.
Taken to an ambulance service where 2 EMTs both stuck me one time each, and were both unsuccessful with obtaining my blood. Will this be used against me somehow as possibly violation of the Implied Consent law? I don’t see how it could be considering I did not refuse, and voluntarily agreed to test
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 8, 2022
The DA will probably claim you refused the Test, which you should have. But you can contest that administrative suspension of your TNDL, and might be successful. Were you even charged with Implied Consent? Hire a competent attorney for a thorough Preliminary Examination now.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 22, 2022
Restricted License with the Interlock(blow meter) is only allowed for some 1st Offense DUI Convictions. What is your question?
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.
