Tennessee Simple Possession
Filed Under Nashville Criminal Attorney | Leave a Comment
Some states have decriminalized simple possession of Marijuana, Tennesse however is not one of those states, nor is it legal to possess marijuana for medical purposes. The simple possession of marijuana is to possess or casually exchange it, and it is further an offense for a person to distribute a small amount of marijuana not in excess of 1 half ounce.
Surprising to most people is that the simple possession statute makes it a felony to be caught with marijuana if you already have two simple possession convictions. For this reason it is always important to take a charge of simple possession seriously, should you not, you may face a felony conviction later on in life.
In Tennessee there is also the charge of possession of paraphernalia. This charge is a misdemeanor just like simple possession of marijuana, it is very common to see an individual charged with both of these crimes. They are two seperate and independent charges.
Should you need representation on your charge, please give the law office a call, we would be pleased to speak with you.
Tennessee Second Offense DUI
Filed Under Nashville DUI attorney, Tennessee DUI Attorney | Leave a Comment
Under the DUI laws in Tennessee being convicted of a Second Offense DUI is not the same as a first offense. The punishment increases a great deal.
A second offense DUI is a misdemeanor carrying with it an automatic penalty of 11 months and 29 days in jail, the period of incarceration shall not be less than 45 days in jail and the remainder of the sentence shall be served on probation after the confinement period is completed. The fine for second offense DUI ranges from $600.00 dollars to $3,500.00 dollars, and as discussed earlier on my website, you may also lose your caror truck permanently under the forfeiture guidelines for the State of Tennessee.
There is no good time credit given for a second offense DUI in Tennessee until the minimum sentence of 45 days is served day for day. The only credit obtainable is for in patient drug and alcohol treatment. Once you are released on probation you may be subject to the interlock device being placed on your car, if they have not seized it.
The State of Tennessee has implemented a new policy on public service for a DUI. You must now do 24 hours of litter pick up along with all the fines and penalties that accompany your second offense DUI conviction. The consequences of a second offense DUI are great, they should be taken seriously.
There are defenses available to you, should you wish to discuss your case, please give the law office a call.
Nashville Disorderly Conduct
Filed Under Nashville Criminal Attorney | Leave a Comment
Often times a disorderly conduct charge accompanies an alcohol charge, if not handled properly it may stay on your record for the remainder of your life. So what is disorderly conduct? The State of Tennessee defines it as the following:
A person commits an offense who in a public place and with intent to cause public annoyance or alarm:
(1) Engages in fighting or violent or threatening behavior;
(2) Refuses to obey an official order to disperse issued to maintain public safety in dangerous proximity to fire, hazard or other emergency; or
(3) Creates a hazardous or physically offensive condition by any act that swerves no legitimate purpose.
(b) A person also violates this section who makes unreasonable noise that prevents others from carrying on lawful activities.
As one can see, disorderly conduct in Tennessee can cover a broad sweeping area, there are defenses to the charge and other alternatives to pleading guilty and having a record the remainder of your life. Please feel free to phone the office so that we may assist you. You may reach us at toll free 1 (877) 271-2633 or local at (615) 308-2633.
Daniel L. McMurtry, Esq.
Nashville DUI Forfeiture
Filed Under Nashville DUI attorney, Tennessee DUI Attorney | Leave a Comment
Your car may be seized for a Second Offense DUI in Tennessee, and it may be seized upon your arrest.
Although the judge imposing sentence does not seize cars for a DUI, the State of Tennessee can and does seize cars. It is not widely known by the public, but your car can be seized by the State of Tennessee for a second offense DUI.
The Department of Safety is the branch of the Tennessee Government that seizes cars for DUIs, it is not the Judicial Department. Included in the seizure laws is the ability of the State of Tennessee to seize cars for drag racing or fleeing a drag race.
The destinction between the seizure of a car for DUI and drag racing is very important. Upon the charge of DUI Second, your car may be seized, however under the drag racing law your car may only be seized upon the conviction of the offense.
Should you have further questions in regards to a Tennessee DUI, please feel free to phone the office at toll free,
1 (877) 271-2633, we look forward to hearing from you.
Daniel L. McMurtry, Esq.
Tennessee General Sessions Court
Filed Under Nashville DUI Information | Leave a Comment
Most people with a first offense DUI in Tennessee will find themselves with a court date in a General Sessions Court in Tennessee. The first court date will generally be a date to only get a second court date, sometimes called an arraignment date, in many jurisdictions there will be no Assistant District Attorney, nor will there be a police officer present. You will give the judge your name, and he or she will give you or your attorney a return court date.
Your second court date will be for either a hearing, this is called your preliminary hearing or it will be for your plea. In General Session these are your only two options, and if you are charged with a Felony DUI in Tennessee you will not be permitted to plea to that in General Sessions, you will have to proceed to Criminal Court for a Felony Plea. You might ask, what happens if I have a preliminary hearing in General Session?
A hearing in General Sessions Court most of the time results in your case being bound over to the Grand Jury of your district, it is at the Grandy Jury that you are usually indicted. If your case is dismissed by the Judge at preliminary hearing you can still be indicted by the Grand Jury, if the Assistant District Attorney presents it, that is because jeopardy does not attach, meaning you can be tried for this crime again.
General Sessions Court is a good place to resolve many alleged crimes such as a DUI, Marijuana Possession, Theft, and many others. However when a case cannot be settled it is also a good place to discover information that the State has in regards to your case, it allows you to see what probable cause they have to send your case to the Grand Jury.
Should you need representation in your DUI or other alleged criminal act, please feel free to call the office at toll free 1 (877) 271-2633.
Daniel L. McMurtry, Esq.
Nashville DUI and Insurance
Filed Under Nashville DUI Information | Leave a Comment
One often overlooked consequence of a Nashville DUI is insurance, both life insurance and car insurance.
I will first address the issues regarding car insurance as it relates to your DUI in Nashville Tennessee. Upon conviction of a first offense DUI you are eligible for a restricted license, however you must first obtain SR-22 Insurance first, One might ask what is SR-22 insurance? The answer quite simply is high risk insurance, once you obtain that and meet the other requirements of the court you may apply for your restricted license under the laws of Tennessee.
A Nashville, Tennessee DUI can effect life insurance, under a policy purchased through your work, often referred to as an ERISA policy, if your death is a result of your intoxication, (ie drunk driving), it is no longer considered an accidental death under Federal Law. The result means that although it was a car wreck, (an accident), under an ERISA life insurance policy there will be no accidental death benefits paid out to your family. The Federal Courts have determined it is not an accident to drink and drive, and your death as a result will not trigger the double indemnity portion of your life insurance policy.
Some state courts have determined that your death resulting from your drinking and driving is an accident, and thus the life insurance policy may still pay the double indemnity to your family. However, many insurance policy now have seen the actions of the state courts and have written into their policies clear and concise language that specifically excludes your death from drunk driving to pay double indemnity, under the accidental death portion of your life insurance policy.
Should you have life insurance questions concerning the wrongful witholding of benefits, please give me a call, I will put my insurance knowledge and dui knowledge to work for you. Please feel free to phone us anytime, You may reach the firm at toll free 1 (877) 271-2633.
Nashville DUI Vehicular Assault
Filed Under Nashville DUI attorney, Tennessee DUI Attorney | Leave a Comment
How does one commit vehicular assault?
In Tennessee a person commits vehicular assault who, as the proximate result of the person’s intoxication as set forth in 55-10-401 recklessly causes serious bodily injury to another person by the operation of a motor vehicle, this statute includes both drug induced intoxication and alcohol induced intoxication.
A violation of the DUI vehicular assault statute is a class D felony in Tennessee, and the person is not permitted to drive a vehicle for a period of one year. The penalty of not driving increases in years for each subsequent offense of this statute.
The question that can arise in a case involving a DUI vehicular assault is one of serious bodily injury, what constitutes that? It is a question that is very important if you are charged with this crime in Tennessee.
Should you be charged with DUI vehicular assault in Tennessee, please give me a call, I would be pleased to schedule an appointment to discuss your case. You can phone the office at (615) 308-2633.
Nashville Arrest
Filed Under Nashville Criminal Attorney | Leave a Comment
Sometimes I am asked what the difference is between a police encounter and an arrest?
First lets start with an arrest, the standard is measured by an objective standard meaning, not what the police thought, but what an ordinary person would think. So the question becomes would an ordinary person feel free to leave and not stay and converse with the police officer? That becomes the test used to determine if you are under arrest, and with all criminal cases your facts mingled with the law determine the outcome for your question of arrest.
The most common question I have posed to me is, Can a police officer come up and talk to me? and the answer is yes, there is nothing prohibiting an officer from approaching you and engaging in conversation. The question again becomes, are you free to leave, would a reasonable person feel free to leave when the officer is asking you questions?
However, one should remember that a police officer may in a case such as a DUI, after the automobile stop talk with the defendant, if the officer smells an odor of alcohol upon the person’s breath he may briefly detain the defendant for further investigation. The same could hold true for an officer approaching someone on the street to talk with them, and noticing contraband in their hand, that would be a justifiable reason to briefly detain the person, after a legal encounter.
Like most of criminal law, the facts are very important to each person’s case. If you need assistance in your case, please feel free to phone my law office at (615)308-2633.
Nashville DUI One Leg Stand Test
Filed Under Nashville DUI attorney, Tennessee DUI Attorney | Leave a Comment
This is another DUI Field Sobriety Test approved by NHTSA, it requires the defendant to stand on one leg for 30 seconds, the theory is that those who are impaired will rarely if ever pass this test.
Factors in the DUI one leg stand test are the surface of the road, is it slippery, wet, dry, or on an incline? Another interesting condition is that of light in regards to this test, much like flying a plane at night, it is hard to have a visual reference when you stand on one leg if there is no light.
Just as with other field sobriety tests if you are over the age of 65, have balance problems like vertigo, are over weight, back problems or knee problems, you are probably going to have trouble with this test. Anything that affects your balance may cause a sever problem for you when trying to balance on one leg.
This test is administered by the officer after he gives the instructions to the defendant, and the defendant is standing with arms to his or her side, feet together until told to start. Once the DUI one leg test is started you should hold your foot up for thirty seconds pointed forward, and the counting must be done out loud.
Is there a scoring grid for this test? Yes, the scoring is completed as follows:
(1) swaying while balancing;
(2) using your arms for balance;
(3) hopping;
(4) putting your foot down to soon.
Should you score two or more points in this test, it is considered a strong chance that you are intoxicated. As with other field sobriety tests in Tennessee, you can only be assessed one point in each category no matter how many times you fail that specific category.
Please feel free to phone the office and make an appointment to discuss your case, you may reach the office at (615) 308-2633.
Nashville DUI Walk and Turn Test
Filed Under Nashville DUI attorney, Tennessee DUI Attorney | Leave a Comment
It seems as though the walk and turn test is most up for debate among DUI clients I meet, they want to know is it a test you can pass? How do they score a field sobriety test? Well you will probably will not pass this test, and yes it is scored and administered in the following ways for a Nashville DUI stop.
There are two parts to the walk and turn DUI test, the first one is the standing heal to toe and listening to instructions from the officer. The second part of the test is to make the tester take nine steps heal to toe and turn, then take nine steps heal to toe and return to the original place you started, sounds simple enough, ah but how is it graded during a Nashville DUI stop?
Part one is graded as follows: The grading is done after the officer has shown you how to do the test and once you have completed the test. There is a maximum of eight points for the test, one point for every category. Scored in the following categories:
(1) cannot maintain balance while listenting to instructions;
(2) starts before instructions concluded;
(3) stops while walking to steady oneself;
(4) fails to touch heal to toe;
(5) steps off line;
(6) uses his or her arms to balance;
(7) loses balance while turning;
(8) takes incorrect number of steps.
Each category is worth one point against you, no matter how many times you fail that category, a score of two or more indicates the suspect is under the influence.
Things that are important in a DUI walk and turn test are the surface on which you take the test, is it dry, flat, slippery, hard or level? Was there a line drawn for you to walk? Was there a line already on the roadway? Were you instructed to walk a straight line with the curb of the roadway? Are you 65 years of age or older, did you have back problems, knee problems or leg injuries?
There are many important steps in regards to a DUI stop in Nashville, please phone our office for an appointment at (615) 308-2633, and let us review your case, there is no obligation.
« go back — keep looking »