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Tennessee Gov & Administrative Law Questions & Answers
1 Answer | Asked in DUI / DWI, Gov & Administrative Law and Patents (Intellectual Property) for Tennessee on
Q: According to court system and my MVR I HAVE COMPLETED ALL REQUIREMENTS REPORT STATES DL privilege Reinstated 2.19.20

Ppl at dmv will not allow me to take test, without interlocking device. Last conviction 9.15.11 no where it shows this is required. Judge n commissioner say I’m clear n go test???

Anthony M. Avery
Anthony M. Avery answered on Sep 3, 2020

Not sure of your problem. But you need to try to get the License at another DOS facility. Otherwise you will need a very competent, and expensive, attorney to file an administrative action. That action could take at least a year, prior to appeals. Getting a blow meter for a little while... Read more »

Q: My son's death has been falsified, delayed, denied, and dismissed for 7 years. Can I sue the parties for negligence

My son was allegedly overdosed in Henderson County TN during 2013; however, the 911 call was made in another county. Since the body was in Carroll County when EMS responded, the body was taken to Carroll County at the nearest hospital. Investigation occurring simultaneously at the alleged location... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 15, 2020

Very sorry for your loss. However most of what I assume might be potential defendants had their liability barred by the Statute of Limitations long ago. It would probably be a GTLA, and even the savings Statute does not apply. I see no basis for claiming a tolling of the SOL. Your attorney... Read more »

1 Answer | Asked in DUI / DWI and Gov & Administrative Law for Tennessee on
Q: After 28 year old dui and being reinstated. But was on DL s/r/c can the state make you pay to get it back
Anthony M. Avery
Anthony M. Avery answered on Jun 9, 2020

Not sure of your question, but the DOS can charge money and require payment in full of convicted violations in order to receive driving privileges.

1 Answer | Asked in Criminal Law, DUI / DWI and Gov & Administrative Law for Tennessee on
Q: The Notice of Seizure says that the officers has 5 working days to obtain a Forfeiture warrant.

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

Anthony M. Avery
Anthony M. Avery 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,... Read more »

1 Answer | Asked in Gov & Administrative Law for Tennessee on
Q: i was denied a firearms transfer. appealed. given a conditional proceed. Eight days before i was approved. now what?

I have never had a problem before. How/what do i do to fix this?

Anthony M. Avery
Anthony M. Avery answered on May 21, 2020

Apparently you are missing some of your facts. But it sounds like you have correctly dealt with the NCIC Check people. You need to get a copy of whatever charge or conviction is causing you a problem. It may be subject to Expungement, or it may be a conviction which does not cause a firearm... Read more »

1 Answer | Asked in Gov & Administrative Law, Government Contracts, Public Benefits and Contracts for Tennessee on
Q: Pawn shop sold my items during state of emergency in tennessee what can i do
Anthony M. Avery
Anthony M. Avery answered on May 18, 2020

You might consider filing a Civil Warrant for Conversion in General Sessions. The exact name of the Shop must be listed as Party Defendant, and you must properly serve it.

1 Answer | Asked in Criminal Law, Constitutional Law and Gov & Administrative Law for Tennessee on
Q: can The state legally request more documents

I filled for a concealed carry permit through the state of TN. After my background check was conducted they found that I was convicted of criminal damages to property- misdemeanor when I was 17, this was 14 years ago. The state has now asked for certified court documents on the case. However the... Read more »

Anthony M. Avery
Anthony M. Avery answered on Mar 17, 2020

You will have to provide the State the requested documents. The Department of Safety issues the HCP, and if they do not want to, they don't. If denied, you can file a declaratory action in General Sessions Court very soon after the denial. Denial of a HCP does not mean you necessarily... Read more »

1 Answer | Asked in Gov & Administrative Law for Tennessee on
Q: I have been subpoenaed for an administrative civil case -state of TN vs Gilbert. What does this mean?
Bennett James Wills
Bennett James Wills answered on Feb 25, 2020

Without knowing more about the case hard to say why you have been served a subpoena. But, you should read the instructions on the subpoena carefully. Subpoenas are legal process that require you to attend hearings, trials, etc., and to maybe produce documents. If you are unsure of the instructions... Read more »

1 Answer | Asked in Gov & Administrative Law and Public Benefits for Tennessee on
Q: Can the state of Arizona put a hold on my TN DL 20+ years later?

In 1997-1998 I received a speeding ticket in Scottsdale AZ while I was attending school . I paid the ticket before graduating and moving back to my home state of CA at the time . Now 20+ years later and a resident of TN for 10+ years the state of AZ has placed a hold on my license in TN and I... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 4, 2020

Unless you have a paid in full receipt or a certified copy of the dismissed Citation, you will have to pay AZ, and copy TN DOS with your payment. That is a cheap amount of money to reinstate a TNDL.

1 Answer | Asked in Gov & Administrative Law and Municipal Law for Tennessee on
Q: Can police have un-marked cars with regular plates not state or municipal plates on them.

I was referring to what are Dept. vehicles with no obvious markings and regular plates.

Anthony M. Avery
Anthony M. Avery answered on Sep 12, 2019

Absolutely. Many Law Enforcement Officers drive their own vehicles all the time, and still conduct stops and enforce laws. They may show a badge or activate their lights, or just follow you until you stop.

1 Answer | Asked in Gov & Administrative Law for Tennessee on
Q: Can I be exempt from jury duty if I am self-employed and under an hourly contract with a client?

I would forgo approximately $800/day of earnings, which cannot be regained while serving as a juror. Since jury duty typically pays up to $50/day, this loss of income would present a hardship, especially with prolonged service.

Bennett James Wills
Bennett James Wills answered on Aug 5, 2019

You would need to inform the court of this - not sure if it would be a sufficient reason to get out of jury service.

2 Answers | Asked in Criminal Law, Federal Crimes, Gov & Administrative Law and Juvenile Law for Tennessee on
Q: my friend is 22, lives in TN.. she has about 4-6 friends who are between the ages of 14-17 can she go to jail for that?

a close friend she has who is, i believe is 15, his mom knows how old she is and everything..

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Aug 3, 2019

It is not a crime to be friends with minors. Did something else happen?

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1 Answer | Asked in Real Estate Law, Appeals / Appellate Law and Gov & Administrative Law for Tennessee on
Q: The building codes dept condeamned my house without notice to bring it up to code. They came on my property without perm

Is it legal. My kids are disabled. They are not giving them time to come in compliance nor the opportunity to come up to code although there are other properties as bad or worse. Would this be harrassment and what can I do?

Anthony M. Avery
Anthony M. Avery answered on Jul 29, 2019

It is not harassment. But you must hire a competent attorney to file a Writ of Certiorari in Chancery Court immediately to enjoin and declare the administrative action illegal. After reading the Codes, you might complain to the City or County Codes Office, but it will be futile. You must act... Read more »

Q: Hello, I currently bought land and the owner before stated the septic tank was on the property.

A week after closing my realtor sends me a message from the seller stating they took out the septic tank and I can’t find any documents. Is this legal? And if not how can I go about getting this corrected.

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Mar 6, 2019

This is too complicated to answer without reviewing your contact , any disclosures and the closing documents. It may be that some misrepresentations were made during the sale, and if so, you may be entitled to rescind the contract ( give the land back and get your money back) or alternatively, you... Read more »

1 Answer | Asked in Civil Rights, Education Law and Gov & Administrative Law for Tennessee on
Q: I am a graduate student who is going to school in TN and I am from FL. In what state am I considered a resident of?

I am renting an apartment in TN and I plan to go to school in TN for 3 more years.

Gary Kollin
Gary Kollin answered on Jan 23, 2019

You can file a document called a Declaration of Domicile. Check with the county clerk's office

2 Answers | Asked in Personal Injury and Gov & Administrative Law for Tennessee on
Q: Can I receive pain and suffering for being injured the steps of a police station (or any government-owned property)?
Mr. James Charles Wright
Mr. James Charles Wright answered on Nov 26, 2018

A governmental entity is responsible for injuries caused by defects in its premises so long as the defect is one that the entity was on notice as to (knew about) or the defect existed and was in such a condition that the entity should have known.

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1 Answer | Asked in Criminal Law, Federal Crimes, Gov & Administrative Law and Juvenile Law for Tennessee on
Q: My b/f turned18 this year, I’m16. We been dating for about a year. Our parents allow us. Can he get in trouble

he is scared that because he just turned 18 that he will get in trouble. Both of our parents consent to us dating.He is concerned that because we have had sex in the past he will go to jail. Can we get in trouble if there is 2 years between our birthdays,our parents know, I’m not mentally... Read more »

Anthony M. Avery
Anthony M. Avery answered on Nov 1, 2018

Yes he can be prosecuted. Somebody will get jealous or mad, and will then turn him in. You will be pressured by the authorities.

2 Answers | Asked in Criminal Law, Civil Rights, Federal Crimes and Gov & Administrative Law for Tennessee on
Q: What to do if a true copy of indictment was never signed two of your cases was dropped. Can you still be locked up.

Indictment was not signed

Gary Kollin
Gary Kollin answered on Jun 18, 2018

You have an attorney

Why have you not asked your attorney?

Without ALL the facts and other information it would be impossible to advise properly.

It would like going to a doctor solely with the urine test results and then asking how one's health is.

I guess if...
Read more »

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1 Answer | Asked in Gov & Administrative Law and Juvenile Law for Tennessee on
Q: foster kid (dep/neg) ran aways after 17, got caught with drugs & ran away again. what happens when she turns 18?

can they charge her as an adult with the drugs, she was 17.5 yo? I think after she got caught it went from dep/neg to delinquent with DCS. she never went to court afterwards bc she ran from the facility....

does she go back to dcs? she will be 18 in a few months, can she stop hiding? She... Read more »

Marjorie A Bristol
Marjorie A Bristol answered on Jan 22, 2018

If she was charged with a delinquent offense, she can face juvenile court consequences until she is 19. If she wasn't charged, she still could be. She should contact an attorney to see if the charges can be resolved. She should also know that anyone who is helping hide her from DCS could... Read more »

1 Answer | Asked in Federal Crimes, Gov & Administrative Law and Family Law for Tennessee on
Q: What can I do if the DCS says that I failed a drug test. But when my Dr. did a blood test it came back negative.

They took grand kids out of a perfectly good home, has not been helping find a place to house the children.

Marjorie A Bristol
Marjorie A Bristol answered on Jan 4, 2018

You should hire an attorney to represent you. If you had another drug test that came back with a different result, then the court and DCS need to know. If you had custody of the children or want custody of the children, then you really need a lawyer to help you.

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