Nashville DUI Vehicular Assault

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.

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Nashville DUI Walk and Turn Test

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.

Official Misconduct Nashville

Official misconduct in Nashville Tennessee has been used quite often lately, but what is it really, when can it be charged? Are there any defenses a criminal attorney can use for his or her client?

In Tennessee we have seen this charge placed on police officers, judges, mayors and other types of public servants, Nashville Tennessee Official Misconduct involves a public servant who commits the offense with intent to obtain a benefit or to harm another, intentionally or knowingly:

(1) Commits an act relating to the servants office or employment that constitutes an unauthorized exercise of official power;

(2) Commits an act under color of office or employment that exceeds the servants official power;

(3) Refrains from performing a duty that is imposed by the law or that is clearly inherent in the nature of the public servants office or employment;

(4) Violates a law relating to the public servants office or employment; or

(5) Receives any benefit not otherwise authorized by law.

Official misconduct is a class E felony and carries with a possible 1 to 6 year sentence, it is a charge that is taken very seriously by the state, due to the fact that they feel like you have betrayed the public trust. There are defenses involved in this charge, such as what the benefit you received, did the benefit involve a substantial risk of harm to undermine the official impartiality?

What are some examples of official misconduct? Accessing private information on government data bases that you have access to; revealing bids on a state seal bid contract to one bidder; receive a gift that you are not allowed to accept; and many scenarios where someone in law enforcement such as a state trooper or metropolitan police officer can be charged with official misconduct.

The list above are just a few of the ways in which someone could find themselves under arrest for official misconduct, it is a serious matter due to the public trust involved, if you or a friend have been charged with official misconduct, give the office a call at (615) 308-2633, we would be pleased to meet with you about your case.

Nashville Owner DUI Arrest

In reviewing some of my email I generally get some questions in regards to Nashville DUI Owner charge, many ask, is there such a situation where I could be charged with a dui?

Well yes there is such a thing as an owner DUI in Tennessee. As an owner of the vehicle you allowed someone to drive your automobile while they were under the influence. In Tennessee as an owner of a vehicle you have a duty not to allow an impaired person to operate and control your car.

Many times I have heard the defense of, ”I let my friend drive, they were more sober than me”. In Tennessee that is not a valid defense to a DUI Owner charge. Being sober is not a defense either, in regards to allowing an intoxicated person to operate and control your vehicle, you can still be found guilty of an owner DUI charge. It is a charge of intent, meaning if you are passed out and someone takes your keys, then you may not be liable for the DUI owner charge in Tennessee.

Could you be convicted of a Owner DUI in Tennessee even if you are not in the car? The answer is yes, it is not hard to imagine that a court could find you guilty of an Owner DUI if you provided the keys to your car to an intoxicated person, even though you never actually got in the car and rode anywhere with the principal defendant.

What if the defendant hurts someone in a wreck while driving my car, and they are intoxicated, can I be convicted of a crime more serious than DUI? I have heard this question quite often, the answer is yes. The courts have said in State v. Williams, “if a person intentionally permits another to operate a motor vehicle knowing the driver to be intoxicated, the person is criminally responsible for the crimes committed by the driver”.

There has been some further case law in regards to the owner DUI charge in Tennessee. It has been established through case law that one may be held liable for the acts of another relating to a DUI charge where the owners acts did not happen until after the event, ie, there was a crash and the owner passenger of the vehicle took steps to cover up the crime, (a crime like vehicular homicide).

Owner DUI charge in Tennessee is a serious matter, please feel free to phone the office with any questions you might have, I would be pleased to speak with you.

Expungement of Tennessee Criminal Record

Quite often someone will say to me, I have read where I can get my DUI taken off of my record, well in Tennessee that is wrong, no other way to put it, not possible, not now, not ever. There are many instances where both judicial diversion and pre trial diversion are available in Tennessee, a DUI is absolutely not one of them. Ok so what is judicial diversion and what is pre trial diversion? And yes they are two separate things, accomplishing the same goal, but with one important difference.

Judicial diversion is under a statute in Tennessee entitled 40-35-313. It is quite possibly the most important statute to first time offenders. This statute allows someone to complete a probationary term, (should all requirements be satisfied), the judge may then allow you to expunge these charges off of your record forever. Judicial diversion allows you to honestly answer on all applications (after completion of probation) that you have never plead guilty to a crime. There are several crimes to which you cannot use 40-35-313, many involve violence and sex crimes, and again you cannot use 40-35-313 on a Nashville Tennessee DUI charge. The main difference in judicial diversion and pre trial diversion, you agree in a judicial diversion 40-35-313 that you are going to be convicted of the crime that you are on probation for, should you not complete the probation, you in effect have a conviction hanging over your head while you are on probation, and if you fail at probation, then it becomes a conviction, and the judge can have a sentencing hearing and sentence you to jail. Should you complete the probation you are eligible to have your entire record cleared of the charges, ie all records destroyed.

What is pre trial diversion in Tennessee? Pre trial diversion involves actually suspending the prosecution of your case. If you will, the prosecutor agrees to hold the prosecution of your case until you complete all of the requirements of probation. In pre trial you have not agreed to be guilty of a crime, should you fail to complete the probation, the prosecution of your crime will start again if you fail the probation time, you have not agreed that you will automatically be guilty of the crime, should you not complete your probation, and once again this is not available for a Nashville DUI. Just like judicial diversion there are crimes to which this pre trial program is not available, such as some violent crimes and sex crimes. Once all the terms of probation have been met you are illegible to have your record expunged, ie all the paperwork destroyed.

To qualify for these programs it is necessary to complete a TBI records check, most courts await this decision from the TBI before proceeding under either program. As I represent many people in many different counties in Tennessee, these programs are administered very differently from county to county, some are very formal in using these programs, ie quite a lot of paperwork by the attorney to make sure the client gets in the program and gets their record expunged, to some counties simply holding the charge in abeyance, ie just setting it aside in the clerks office for a year and then returning a year later to dismiss the charge as long as the client has done everything the judge has requested.

Does the state ever refuse diversion? Yes the state does refuse sometimes, following the proper procedure rules in Tennessee you may appeal this denial to the Court of Appeals or if you are in General Sessions you may appeal to the trial courts for a determination on whether the diversion was properly denied.

There are many time specific requirements, prior conviction determinations, and prior sentence served determinations that have to be made in applying either of these programs. Should you wish to consult with me, please call my law office at (615) 308-2633.http://nashvilleduiinfo.com

I have used both of these programs to help many first time offenders keep life altering convictions off of their records

Nashville drug possession attorney

It is not an easy thing to be pulled over by the police, but sometimes when you are driving down the interstate you may notice some large white blazers parked in the middle of the interstate, 24, 40 or 65, these are generally 20th judicial drug task force officers, including drug sniffing dogs. Every time that you are pulled over by a police officer it involves a 4th Amendment issue, was the stop legal? Was there a reason to stop you and search for drugs? What was the reason?

Sometimes as a criminal defense attorney I find that in the police officers attempt to find people with drugs, they forget to follow proper procedure in the drug search. Should your rights have been violated during the drug search, I will fight vigorously to suppress the evidence that the police obtained. All illegally obtained is considered fruits of the poisonous tree, and must be suppressed.

In defending a drug crime involving a search one needs to focus on the fourth Amendment issues. More and more these issues are a result of a stop by police officers (in search of drugs) on a motorist on the interstate. It is my job as a criminal attorney to make sure that your rights are protected against such violations. Whether the search revealed medication that did not belong to you, marijuana, cocaine, or other narcotics, the 4th Amendment issues must be protected in every clients stop. I will fight hard to protect those rights.

Under case law in Tennessee even just being in the same room with drugs does not prove they are yours, or that you have ever ingested them, many times I have represented individuals who have been at parties where drugs were found in another room, they were charged, but under the Tennessee case law a very favorable result was had due to proper research and protection of 4th Amendment rights.

There must be probable cause to search, not the police going on a hunch or guessing, but real facts to support probable cause. It is just simply not enough to think someone has drugs in Tennessee, you must have far more than that to proceed with a search. As a criminal attorney in Tennessee I will make sure and review every part of the search to uphold your rights.

During the course of my practice as a criminal attorney I have filed suppression motions in Tennessee courts, I have tried class A felony drug charges to a jury. In reviewing your facts, if we find that your rights were violated we will work hard to suppress the fruits of the illegal search.

I have defended people for misdemeanor drug possession all the way up to class A felony drug possession, give me a call today and let me review the facts of your case.
You may contact the law office at (615) 308-2633, we look forward to hearing from you.

Nashville DUI Evading Arrest

I am often asked what is Evading Arrest in Nashville Tennessee? Well it all depends on the facts. Many times Evading Arrest will come about due to a DUI arrest, however any evading arrest can come about because of the following facts as defined by the State of Tennessee: http://nashvilleduiinfo.com

The State of Tennessee deems it unlawful to intentionally flee by any means of locomotion from anyone the person knows to be a law enforcement officer if the person knows the officer is attempting to arrest the person or has been arrested. There are defenses to this charge that a criminal attorney might be able to use in your defense. However, to violate this statute in Tennessee is a class A misdemeanor. but most the time it is charged as a felony (a first offense Nashville DUI is a misdemeanor) due to the following facts, If you are in a vehicle and receive notification from the officer via his signal that you are to pull over and bring vehicle to a stop, and you do not, it then becomes a felony in the State of Tennessee. A felony is a serious matter that can have life changing results, not being able to travel, loss of jobs, and losing your voting privileges,it is far more serious than a misdemeanor in Tennessee.

Should you create a risk of death or injury by your evading arrest, it then becomes a class D felony which increases your jail time. I have always said there are facts that lend themselves to each case that may help the client, (that is what a Nashville Tennessee criminal attorney does), because not all facts fit the definition of a state statute, there may be an argument that you did not violate the statute.

Most recenly there was a bill before the Tennessee State Senate that would have allowed a woman to drive to the nearest lit area, and then bring her vehicle to a stop when signalled by the police, (this was for fear that someone was not in fact a police officer, but an impostor) that bill was defeated, (strictly my opinion, but the thoughts in defeating the bill could have been liability in allowing someone you think is committing a DUI to proceed onto a lit area, and then they hit someone on the way to that area with there car). However, it brings up the point that there are different facts for every case, and not all the facts fit the description of statute in Tennessee.

Many times I have been told by clients they simply did not hear the police, (so are you gulity of evading arrest if you cant hear the police?) I think that is a valid argument in some cases, due to the way new cars are built, we have all seen the commercial of the Lexus that is essiently noise proof.

What are the penalties for a Nashville Tennessee evading arrest charge, in regards to your license? You can have your Tennessee drivers license suspended for 6 months to 2 years on top of the conviction. If you are convicted of a Nashville Tennessee DUI in connection with evading you can also lose your license for a year. Should you hold a CDL there could be more severe consequences (for both a dui and evading arrest)that involve The Homeland Security Dept.

Should you have questions regarding a criminal arrest in Tennessee, please feel free to contact me at (615) 308-2633 for a free consultation.

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