My husband has been convicted of domestic violence and is serving 11 months and 29 days after failing to comply with an agreement he made with the court. The charges had been set in abeyance awaiting completion of the agreement. He chose not to complete the agreement. The judge has now sentenced... View More 
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answered on Jun 8, 2023
If the Judge ordered a Sentence then there was a Conviction, and it was a Misdemeanor at General Sessions Court which was not bound over. Apparently he has one or more charges that were initiated by an Arrest Warrant at Sessions which were not disposed of, that is no conviction nor dismissal. DA... View More
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?
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
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?
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answered on May 31, 2023
If the warrant was issued within 1 year of the incident, then it is timely initiated. Your lawyer could make a speedy trial motion, but it might just get you convicted sooner. Talk to your lawyer.
Ignored my multiple requests, doesn’t that violate my rights?
answered on Jun 3, 2023
Police only have to read you your rights (Miranda rights) if they intend on questioning you after your arrest. Once you are detained, the officers should mirandize you and only get a statement from you after you've waived your rights to an attorney and against self-incrimination. Anything you... View More
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
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
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
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
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
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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.
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 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??
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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
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
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.
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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.
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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
arrested on a sunday and on monday their bond and second court date was announced. bond is $8500
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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.
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
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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
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
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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.
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
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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.
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