Anthony Marvin Avery's answer That medical care defense to a charge might work, and is definitely something that should be used at a Preliminary Hearing. If no Hearing was held and only Bound Over, then he missed his opportunity to raise the Defense. But it can be used again after Indictment, but possibly only at Trial. Habeas Corpus might get it going, but I doubt it will be a successful Constitutional challenge. Hire a competent attorney immediately.
Anthony Marvin Avery's answer You have requested advice from the wrong venue. That is a Mississippi question although it is likely a Fourth Offense DUI would result in Tennessee. The Mississippi Prosecutor may have trouble obtaining certified copies of the three Tennessee DUI Judgment of Convictions. But it is probable that they will be able to count three prior offenses with that year spread. I would recommend exploring the possibility of pleading to a Second Offense DUI in Mississippi.
Cayley Turrin's answer DUIs are a very confusing and daunting field. I would suggest hiring one as there are possibilities to getting it dismissed and someone can help you through the voluminous paperwork involved.
Anthony Marvin Avery's answer Your Father being on Parole could be a huge problem. It is possible someone set him up to violate his Parole. He should immediately hire a lawyer to contest the Public Intoxication charge. Hopefully he has not already plead Guilty, as is often the case on PD. Such a conviction could be devastating, but he might not be violated completely. Again hire a competent attorney now. Also many legal arrests are made within one's home.
Anthony Marvin Avery's answer You need to hire a competent attorney now. Before you meet with him, write out everything (every detail exactly) that happened before, during and after the Stop. Make payments, barter, whatever it takes to get a good lawyer that will not just promise everything and then plead you guilty to your original charge. Remember there will not be any simple pleas to Reckless Driving anymore.
Anthony Marvin Avery's answer You are looking at a possible one year Sentence and numerous other requirements. The costs alone are large. Hire a competent attorney now to bring you to Court, set aside the Forfeiture and set it for a Preliminary Hearing. The Bondsman will also be looking for you. Get to Court as soon as possible even though you are not on the Docket.
Anthony Marvin Avery's answer Prior to the Grand Jury, the State can, and usually will, move to revoke the TNDL. The Blood Test is subject to Subpoena. You can Move to Quash, but it will probably be denied. Hire a competent attorney and get ready for the Preliminary Hearing.
Anthony Marvin Avery's answer The Auto Wreck is circumstantial Evidence of DUI. You should not have took the Blood Test. There may be something a competent attorney can do at the Preliminary Hearing, or even at Circuit Court, but your facts are bad. Call some good lawyers and ask their advice, but there is an outstanding chance you will lose your License and might have to obtain SR21 Insurance and a Blowmeter.
Anthony Marvin Avery's answer Hopefully you have not already had the opportunity for a Preliminary Hearing. Hire a competent attorney to represent you. It is up to the DA to move the Court to take your License. There may be problems with how it was requested or the arresting officer might not be available. If your DL is not revoked sooner, then you get indicted for this, DUI and other offenses, and it will be up to the Judge whether Implied Consent is violated and the exact Sentence. Again, hire a competent attorney...
Daniel P Leavitt's answer This is probably more of a civil law questions and I don't know what state you applied for graduate school in but I don't see why they could not consider your entire record (education and other) in making admission decisions.
James R. Owen's answer Yes a lawyer can help you even if you plan to plead guilty. However, most importantly a lawyer can advise you as to whether or not you should plead guilty or not guilty. You should contact an experienced DUI lawyer.
Anthony Marvin Avery's answer Certainly. But it might help to prepare for a Preliminary Hearing at Sessions if that is where you are at. Your lawyer cross examines the officer that made the stop, and you possibly put in pictures at that road area showing no fog line exists in your lane of travel. If that was the alleged reason for the stop, then at Circuit Court, a Motion To Suppress can be filed and argued prior to Trial. You need a competent attorney now.
Anthony Marvin Avery's answer The District Attorney can quickly move to have your driving privileges in Tennessee revoked. Otherwise at Trial, the Judge alone decides whether a violation of Implied Consent occurred or not. With earlier revocations, the revocation period can be longer than one year. It is possible to be convicted of DUI and not Implied Consent, and vice versa. it is also possible for a Restricted License to issue for a year after the DA goes after you, and then you are convicted of DUI a year later...
Anthony Marvin Avery's answer More than likely your previous paperwork from the DUI was never sent to the Department of Safety. I am talking about payment of costs/fines, DUI School, etc. Hire a competent attorney and do not ever blow off any Citations, etc. You will need a complete dossier of Paid In Full Receipts.
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