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Tennessee Gov & Administrative Law Questions & Answers
2 Answers | Asked in Personal Injury, Car Accidents and Gov & Administrative Law for Tennessee on
Q: Hello, I truly hate to bother you, but I am looking for a reputable lawyer in and around McNaiy County Tn

Hello,

I truly hate to bother you, but I am looking for a reputable lawyer in and around McNaiy County TN, especially one that deals in auto claims and damages against government neglect. I was in a recent wreck that caused me to roll my vehicle and it was do to poorly laded gravel done by... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Dec 3, 2021

You are close enough to Jackson to use a lawyer in Jackson, Tn. If you are looking for specific names let me know or call.

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1 Answer | Asked in Civil Rights, Federal Crimes and Gov & Administrative Law for Tennessee on
Q: Can I carry a concealed weapon in the state of Alabama if I have a lifetime carry permit issued in Tennessee?

I am a Tennessee resident.

Anthony M. Avery
Anthony M. Avery answered on Jul 22, 2021

You should be able to as reciprocity should apply. Go to the AL forum and ask as laws do change. Remember there may be different restrictions than TN.

1 Answer | Asked in Gov & Administrative Law and Health Care Law for Tennessee on
Q: How do I become exempt from the Tennessee window tint laws? I can’t seem to find the form online, or even an answer.

I have a history of light hurting my eyes and not being able to fully open my eyes on a sunny day, or even keeping the lights in my home at maximum brightness. I sometimes get fatigued from too much light and get tired fairly quickly from the excess light. I was hoping to become exempt from the... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jul 13, 2021

That Rule of the Road Statute applies to all drivers. An exemption is not possible.

1 Answer | Asked in Gov & Administrative Law, Government Contracts and Public Benefits for Tennessee on
Q: So I am a tannate at a local apartment complex and we are getting fined and asked to take down patriotic flags. Thought?

Can they do this? this is the terms of the lease

"1. No signs, notices or advertisements shall be attached to or displayed by Lessee(s) on or about said premises.

2. Nothing shall be placed or kept on the outer sill or on the outside of any window and nothing shall be thrown... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 17, 2021

File a protest, and also notify the press, the American legion and the Tennessee Civil Liberties Union.

If enough press is thrown on this, could make them back down.

Note however patriotic would be the American Flag. Signs promoting one candidate or belittling another are not in...
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1 Answer | Asked in Contracts and Gov & Administrative Law for Tennessee on
Q: If I financed my car in January but still haven't received my plates do I have any recourse for the dealership?

It's been 5 months. I think the law only allows for 3 months. I've called the dealer every month and still no tags.

Anthony M. Avery
Anthony M. Avery answered on May 25, 2021

You may have to sue the dealer for breach of contract. The dealer may not have owned the car in the first place. You probably cannot apply for the lost title either. If a used car dealer, you may be able to make a claim with the State Regulatory Agency against their Bond.

1 Answer | Asked in Gov & Administrative Law for Tennessee on
Q: Is disclosure of expunged judicial diversion & dismissal of charges in TN required on TN medical license application?
Anthony M. Avery
Anthony M. Avery answered on Apr 19, 2021

You need to hire a competent attorney and consult with him. This is a public forum.

1 Answer | Asked in Gov & Administrative Law and Government Contracts for Tennessee on
Q: Im just starting learning about state funds and surplus funds. I am looking for some legal advice on how the state work

I am trying to get Any information on if I need a license And how can I get a contract made What is the full process

Bennett James Wills
Bennett James Wills answered on Dec 18, 2020

Your query is not clear. What are you trying to obtain a license for? Contact a local attorney for assistance.

1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Tennessee on
Q: If I'm unlawfully stopped by police, under my protected constitutional rights am I required to present my id?

I'm? In Tn.

Paul E. Tennison
Paul E. Tennison answered on Dec 16, 2020

I am unaware of which specific Constitutional right you are referring to. Assuming you mean to invoke the 4th Amendment right against unreasonable searches and seizures. I am unaware of any precedent that states citizens are not required to produce identification when requested to do so. 4th... Read more »

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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