Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 7, 2025

You are probably still at General Sessions, so you will want to prepare for a Preliminary Hearing. Trial is at criminal circuit court after an indictment. No tests being conducted is great, but I feel the hospital probably did a blood test which has to be subpoenaed by the State. You cannot... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 13, 2025

LEOs are claiming they found drugs under your control somewhere. Perhaps you did not notice their searching, or it occurred after the vehicle was impounded. Hire an attorney to prepare for the PreLiminary Hearing. When indicted you will want to file a motion to suppress for an illegal stop if... View More

There are certainly avenues to be explored in this case. If the cans were found after your arrest, they cannot be used as probable cause for your detainment, however they may be used to charge you and at your preliminary hearing. I do believe the officers had probable cause at the time of your... View More

"Bound over to the grand jury" means that after your preliminary hearing, the judge found there was enough evidence to suggest you might have committed the crime charged. Your case will now go to a group of citizens called a grand jury, who will decide whether there's probable cause... View More

There are many potential angles to your situation. It starts with the application. Most applications ask if you have ever been convicted of a felony or a crime involving dishonesty. Your answer would be no, because a DUI is not a felony or a crime involving dishonesty. However, when you check... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 29, 2024

Not eligible for DL until all requirements of DUI Sentence and DOS requirements are met. Call DOS and ask what is needed. Blowmeter is for that type of license, so you might get out of it with a reinstatement after Sentence completed. SR22 Insurance should still be a requirement. DOS... View More

Daniel Woodard Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 26, 2024

In Tennessee, the statute for DUI generally requires the state to prove 3 things: (1) that you were driving or in physical control of any automobile, (2) that you were on any of the public roads and highways of the state, and (3) you were under the influence of a substance or combination of... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 19, 2024

Hopefully you did not submit a blood test. Those drugs will show up and will be insurmountable unless it was an illegal stop. If 1st offense, 11 mo/ 29 days in jail, $350 fine and costs. DUI is an expensive crime. You will probably serve 48 hrs but lose your DL. Blowmeter may be an... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 12, 2024

You do have some good defenses since you refused the test. And you might not even lose your TNDL administratively for 1 year since TN has to prove you were the driver or allowed an intoxicated person to drive. Hire a competent attorney to prepare for a rigorous Preliminary Hearing.... View More

The short answer is "not yet." Any offense that was dismissed is immediately expungable. However, convictions are different.

This conviction will be expungable five years after you complete the sentence for it, provided you meet certain requirements. You must have no... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 29, 2024

Consult with an attorney after you personally contact the DOS. You will probably need to do most of this yourself, but advice or representation to get paid in full receipts may be needed. There are alot of factors involved, especially completion of all Sentence requirements which you have... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 23, 2024

Hire an attorney now to prepare for a preliminary hearing, and and motion to suppress evidence if indicted. If the stop and search are legal then your lack of admission is not needed. That is probably a felony besides the DUI which takes your TNDL. Work, stay out of trouble and probably time... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2024

While challenging the validity of the traffic stop and the use of Quantum Language Parse Syntax Grammar may be possible avenues for defense, success in having your case thrown out depends on various factors, including the evidence presented and the arguments made in court. Challenging jurisdiction... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2024

Why did your lawyer not move to dismiss the redundant conviction? Whether the convictions were in General Sessions or Criminal Court has some bearing on how to address it. But apparently you did nothing but go to jail. You might correct the record now and expunge the nonexistent conviction,... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 13, 2024

In a case involving DUI, intent to distribute meth, and weapons charges, your best defense would typically depend on the specific circumstances surrounding your arrest. To strengthen your defense, consider the following:

1. Consult with an experienced criminal defense attorney in Nashville,... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 13, 2024

In the United States, it is possible to be arrested for driving under the influence (DUI) even if you passed a field sobriety test. While passing the field sobriety test can be a positive factor in your case, it's not the sole determinant of whether you can be arrested for DUI. Law enforcement... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 8, 2024

LEO apparently had probably cause to get the Warrant issued. You should not have consented to either a breath or blood test. Any amount of intoxicant will be used against you. And it is alot easier to get back a TNDL without a DUI conviction. Hire an attorney.

Reid DeChant Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 17, 2023

Any hearing in court should be either audio recorded and/or recorded by a court reporter. You could request a transcript of the hearing which could be used to impeach the witness at a later date. Impeaching is the fancy term for calling someone a liar in court by showing the inconsistency in their... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 31, 2025

That was probably a reasonable detention period. Hire an attorney to prepare for the Preliminary Hearing. If indicted then file a motion to suppress. Apparently you talked alot, all of which will be admissible against you. Getting stopped for speeding is a good stop.

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 16, 2025

PDs will plead you guilty. Hire an attorney. State only has to show that you had the capability to operate the vehicle, not evidence that you were driving.