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.
Anthony Marvin Avery's answer You are better off first complying with all Court Sentencing requirements, then contacting the Department of Safety and complying with their requirements to obtain a Tennessee Driver's License. Putting the alcohol device on the car is expensive and you need to get your money's worth prior to driving another vehicle without it. Once you have a regular License, with or without SR-22, then trade cars.
Jonathan Turner's answer If convicted of DUI in TN, jail time is mandatory by law. Jail time minimums change with level of intoxication for a first offense and the number of prior DUI convictions. It is important to consult as experienced DUI attorney if charged with a DUI in TN.
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.