Get free answers to your DUI / DWI legal questions from lawyers in your area.
This happened May 5th and the 5 days has passed to get the warrant. By Law what is the best steps to take now and should my property be returned to me
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answered on May 27, 2020
Hire a competent attorney who knows what Civil Forfeiture is. You must file a cash Bond and demand a Hearing before the DOS immediately. If DOS does not get involved, then you have to sue the Seizing Agency for Conversion, but it is still a GTLA proceeding. If the property is not worth much,... View More 
I was pulled over two years ago for reckless driving I paid the ticket but didn't go to court. I lost my job over this ticket recently and want to get the points off is there a way I can just take a driving course and get my points off?
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answered on May 22, 2020
Probably not as you have already been convicted. But the points are recorded for the last 12 months on your MVR, so that Speeding Violation's Points should have already been cleansed from the system. That is the Conviction will always be on your Record, but the Points should be gone by now.
I am an Army Veteran. Months before I got out of the Army I got a DUI, I retained a lawyer and got my charges down to reckless driving and state minimum fines and my license suspended for a year. I have completed the year and I have also paid all of my fines to the state of Tennesee. Here is my... View More
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answered on Apr 23, 2020
You need to get your attorney on your Case to do his job. Depending on the Court you were in, either a Judgment of Conviction or the General Sessions Warrant with the Disposition should contain all of your Sentencing requirements. If necessary hire a competent Tennessee attorney to get certified... View More
i currently am in the process of getting them after 13 years! looks like after all this time i wouldnt have to have it or take a dui class either? havent had any more trouble since then an dont drink anymore.
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answered on Mar 12, 2020
Very doubtful, as the blow meter is for a restricted license. Whatever the case, you have to do what the Department of Safety says you have to do. It does not make any difference what you or some court clerk think you have to do. Take the time to get the DOS to give you a full list,... View More
BAC Was 0
Everything on drug test was not detected EXCEPT diphenhydramine. Not even sure if that’s a standard drug to test for.
He took one half of a Benadryl (that’s the drug). He was tired and his allergies were bad. That’s all nothing more.
It was cold out, late... View More
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answered on Feb 25, 2020
I do not know what that drug is, but the State can claim anything in your system influences your driving. And there is a threshold amount for Sentencing purposes for Alcohol only, with no particular amounts making a difference for drugs. So TN can probably charge you with DUI with that in your... View More
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answered on Feb 24, 2020
Eleven Months and Twenty Nine Days is possible. Hire a competent lawyer, and get the Charge Diverted, Dismissed and Expunged. That Conviction will destroy you later on. Do not get a PD.
answered on Feb 17, 2020
On the DUI 3rd alone it is 120 days in jail at 100%. I highly suggest you get him an attorney immediately.
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answered on Jan 30, 2020
Yes. Open alcohol beverage, Public Intoxication, etc.
my theft charge was a misdemeanor theft under $500 . i got arrested in walmart last night on suspicon of being drunk . they didnt give me any tests. paid $270 to get out of jail and i wont have a court date because it said i pled guily . ive paid all my fines for my previous charge and im on my... View More
answered on Jan 25, 2020
You have technically still violated your probation and there is a chance you will go to jail because of it.
Told there was additional jail time because I decided to fight it in criminal Court, and if I don't take the guilty plea and still found guilty I will have to finish my 48hrs and have more time added? bac wasn't over.20 so what am I looking at 7 days minimum. I know the max
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answered on Jan 16, 2020
You already know...7 days to serve, on a 11 mo/29 day Sentence. But you also have all the First Offense DUI requirements which are extensive and expensive. At Criminal Court you can file Motions, like Suppression, Discovery, Bifurcated Trial, etc. Giving BAC was a mistake, but maybe consent... View More
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answered on Dec 27, 2019
LEO's will try almost anything when it comes to DUI Enforcement. You probably should not be charged with Second Offense DUI, as your First Offense DUI was more than ten years ago. But it is up to you to bring it up in Court, so hire a competent attorney now. You need to be prepared for a... View More
Not hospital. Was wondering where the law is on that. If officers are required to have to looked at or at least sign something refusing medical care.
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answered on Dec 20, 2019
There is no law mandating the LEO's obtain medical care for you. Many procedures and rules do exist though. If you think you were damaged by their malfeasance , you can file suit. But unless your injuries are catastrophic, it does not look good.
A neighbor called 911 and I could not find my phone to call the police. I did not know the neighbor had called. I was assaulted by 3-4 individuals
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answered on Nov 29, 2019
What is your question? Driving Under the Influence is not excused by leaving an attack. If there is a friendly witness available, the DA might be more understanding. But I doubt it. Hire a competent attorney to put together a thorough Preliminary Hearing. The assailants are not going to help... View More
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answered on Nov 18, 2019
Refund from who or what? And what is a "silver DUI"? Your question makes no sense, but it appears you were extraordinarily lucky and need to move on. You can still be Indicted within 1 year from the incident, which your lawyer should have told you.
Following conviction received notice from TN Homeland Security that license, driving privilege, & privilege to obtain license is revoked per 55-50-501. Further states it is illegal for any resident or nonresident to drive in tn under a license issued by another jurisdiction. It request... View More
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answered on Nov 12, 2019
TN Department of Safety can only suspend the License it issues. But the Court and/or DOS can (and usually does) notify the issuing state of the DUI Conviction here. Your lawyer should have already told you this way prior to the conviction. If your License is not suspended, you still cannot... View More
answered on Nov 3, 2019
I would explain to your step-son that he can be charged and convicted of a DUI for driving while smoking marijuana. It is a common misconception that you can only be convicted of DUI for drinking and driving. The DUI statute makes it a crime to drive or be in physical control of a motor driven... View More
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answered on Oct 7, 2019
It could be either or both. A lawyer would need to read your Warrants, and then possibly look up the Statutes.
He is a recovering addict, he needed to get out of Knoxville to change his life for the better or he was going to die. He’s been in trouble before but completed his probation. The dui is from him OD in the car. How can he straighten this up living in another state? He doesn’t have the money to... View More
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answered on Oct 4, 2019
He will have to come back to Knox County to face the DUI Charge. I assume it is still at General Sessions. At Court the Warrant would have to be brought in (since he is not on the Docket), him arrested and booked, Bond set and hopefully made (so he could get out of jail), then him and the lawyer... View More
What is the fines and punishment of 1st offense DUI
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answered on Oct 2, 2019
Initially at least 48 hours of jail, DUI School, License Revocation, at least a $ 350 Fine, and other requirements and Costs. Usually the cheapest part is hiring a competent attorney, as there may be defenses or the damage control might be significant. But be aware, few lawyers will really... View More
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answered on Sep 14, 2019
You are charged with a serious Felony. Hire a competent attorney immediately. You may be able to attack the earlier convictions, so that sentencing will not be a Felony. Obviously you need to get ready for a Preliminary Hearing and possibly later, Trial. If the State does not agree to a 2nd or... View More
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