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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Tennessee Open Container Law

This seems to be one of the most misunderstood laws in the State of Tennessee. I hear quite a few times a month, "hey that is an open container violation". Ok so what does that exactly mean? For the record I would say to anyone that might ask, it is just simply much easier to make sure you never have an open container in the vehicle, with that said, I will explain the actual law.

Open container in Tennessee means:

(1) No driver shall possess any alcoholic beverage or possess an open container of alcoholic beverage or beer while operating a motor vehicle in this state.

(2)Open container means any container containing alcoholic beverages or beer, the contents of which are immediately capable of being consumed or the seal of which has been broken.

(3)An open container is in the possession of the driver when it is not in the possession of any passenger and is not located in a closed glove compartment, trunk or non passenger area of the vehicle, and the a motor vehicle is in operation if it's engine is operating, whether or not the motor vehicle is moving.

The question I most get asked is this, "can a passenger in the car have an open beer in Tennessee? The answer is yes, but again I would never recommend this to anyone at anytime, it just causes way to many problems, but again it is not illegal in most places in Tennessee, at this time.

The second question is, "what if I have a broken seal on a bottle of bourbon or wine, and the bottle is next to me, I am not drinking any, just taking it home or to party?" My advice would be to put it in the trunk or lock it in glove box, because technically under the statute in Tennessee you have an open container if you are by yourself and have a broken seal of alcohol accessible to you in your vehicle.

With that said, you need to check with your local municipality or county, because under the statute 55-10-416, a city or county may have the right to pass an ordinance or resolution to prohibit passengers from having open containers, with that language in the statute it makes it an ever more confusing situation to most people.

Nashville DUI Child Endangerment

I was seated at a restaurant in Nashville, Tennessee the other evening, upon being seated I noticed a couple next to me with one small child of approximately 2 years old, I also noticed two empty wine bottles on the table with their dirty dishes from their meal. I thought to myself, I bet these people have no idea what they are about to do, they looked like a nice family and I am just guessing, but would assume they have never had a Nashville DUI or any type of arrest for DUI in Tennessee.

It was not so much the DUI that I was thinking about, I am sure the couple never gave it one thought that if they got pulled over by the Metro Police Department they might have another charge far greater than a DUI, they may have a child endangerment charge. The two charges of DUI and child endangerment do not merge, however under the DUI there is a mandatory time of 30 days and a 1 thousand dollar fine for violation of the DUI laws associated with child endangerment in Tennessee. Further problems include the judge contacting the state Department of Human Services to report the conviction, the list of problems from this charge can go on for quite awhile.

The penalties only get worse in regards to child endangerment and a DUI when the child is hurt in an accident and you are charged with a DUI. If the child suffers serious bodily injury and you are charged with a DUI you can face a class D felony and 2 to 4 years in the jail, if the child is killed in an accident and you are DUI charged, you may face a class C felony which carries a 3 to 6 year penalty. The other issue that you may face is stacking of the sentences, since DUI and child endangerment are separate offenses, one may face the possibility of the two sentences being stacked, that is doing your jail time for the DUI in Tennessee, and then doing your jail time for the child endangerment charge in Tennessee.

Finally there is the issue of you having two children in the car and being arrested for DUI, does that mean there are two separate charges for child endangerment in Tennessee? The answer to that question is no, you can only be charged with one violation of child endangerment no matter how many children are in the car.

Not all DUI charges in Tennessee go to the young party going crowd, DUI charges in Tennessee span a large volume of people from every walk of life.

Date Rape, Alcohol as the Drug

I am often asked by young men, especially high school age young men, what is the definition of rape in Tennessee. We all understand the horrific nature of the crime, however what some people do not realize is that many rapes in Tennessee are not by strangers. Many allegations of rape hinge on quite literally he said she said, and the parties know each other.

So in Tennessee what is rape? It is the unlawful sexual penetration of a victim by the defendant or of the defendant by a victim accompanied by any of the following circumstances:

Force or coercion is used to accomplish the act;

The sexual penetration is accomplished without the consent of the victim and the defendant knows or has reason to know at the time of the penetration that the victim did not consent;

The defendant knows or has reason to know that the victim is mentally defective, mentally incapacitated, or physically helpless;

Sexual penetration is accomplished by fraud.

That is the legal definition. The question posed to me quite often is what if someone is drunk? The answer lies in the details of was the person mentally incapacitated at the time of the penetration, (penetration does not have to be with a body organ, it can be with an object).

Lets say a young couple of high school age has been drinking together, they start drinking around 8 pm, each of the individuals has about 5 beers over the course of the night. They are parked at the end of a road. The couple has never engaged in a sexual act before this night, the young man thinks it is ok to kiss on the young woman, but then thinks it is ok to proceed further by engaging in a sexual act with the young lady, while she is intoxicated. If later the next day the young lady states that she did not consent to the sexual act there can be a charge of rape filed in Tennessee. It is a matter of perspective as to whether or not she consented to the sexual act. It is here we find the he said she said problem. This situation is often referred to as Date Rape by the media.

My advice to young people is to simply avoid this situation, if you do not know whether or not she is consenting then avoid the situation all together.

Providing alcohol to a minor in Tennessee and social host liability

So your 20 year old friend wants you to buy some beer for the weekend party, no big deal right, your 21, whats really wrong? In Tennessee you can find yourself in quite the mess if your 20 year old friend explains to the police that you bought the beer. http://nashvilleduiinfo.com

Did you know in Tennessee by violating section 39-15-404 (which is the code section for purchasing alcohol for a minor), you can lose your license to drive for a year. Not only can you lose your license, you may also have to perform around 100 hours of community service, and it is a class A misdemeanor that will carry with it 11 months and 29 days probation.

Further one should know that if you furnish alcohol to someone under age 21, that underage person need only test .02% blood alcohol level in Tennessee to be considered impaired while driving. Now in Tennessee a minor under the age of 21 is eligible to serve the mandatory minimum jail sentence in Tennessee of 48 hours.

A collateral issue involving purchasing alcohol for minors is the liability civilly for the minors actions. An example might be you have a party for your daughter's friends in Nashville, you don't serve alcohol, you don't provide alcohol, but you make provisions such as everyone has to put their keys in a jar and stay the night, you patrol your yard to make sure no one leaves, and someone does leave intoxicated. You might be held liable in Tennessee based on common law theories of liability. It is the undertaking of a duty that may hold you liable, not the providing of the alcohol, if it was not sold to the minors.

Tennessee does have a statute that shields liability for this and similar actions of providing alcohol. The Tennessee Supreme Court has held that the alcohol is the proximate cause of the injury to a third party, not the person who provided the alcohol, unless the alcohol was sold to the minor and not given to the minor. However, once you take an affirmative duty to provide a safe party for the minors, you may find yourself sued should one of the minors leave intoxicated and cause harm to a third party.

Nashville Craigslist prostitution

Prostitution in Nashville, Tennessee is the crime of engaging in, or offering to engage in sexual activity as a business or being an inmate in a house of prostitution or loitering in a public place for the purpose of being hired to engage in sexual activity.http://nashvilleduiinfo.com

It is to say the least not an enjoyable moment when a client realizes that they have been caught
in a Nashville Craigslist sting for prostitution, (lately there have been many stings using the popular Craigslist). It is embarrassing, it can cost you a job, your automobile, and many other social repercussions. Some people have said to me from time to time that they thought, only the person selling sex can get in trouble, well that is incorrect in Tennessee. Nashville prostitution charges can carry a great many problems for clients, and the government does not care whether you arranged your prostitute by Craigslist or picked her up on the street, it is still the crime of patronizing prostitution.

The charge in Tennessee is called patronizing prostitution, it is a class B misdemeanor and can carry with it penalties, fines and jail time. Many people in Nashville who are charged with this crime do not realize that if you are within 100 hundred feet of a church and patronizing prostitution it becomes a class A misdemeanor and can carry with it 11 months and 29 days in jail. I might add that there is another boundary issue to consider in this charge. If you are within 1 and half miles of a school, it then becomes a class A misdemeanor and a mandatory 7 days in jail and a 1 thousand dollar fine.

There have been some arrests in Nashville for promoting prostitution, that is a class E felony and can carry a sentence in jail of 1 to 2 years. In Nashville there have been some local arrests due to promotion of prostitution through media prints via newspapers.

However, the vast majority of new prostitution stings have come via Craigslist and the internet in Nashville.

Restricted Driver's License in Tennessee

What is a restricted driver's license in Tennessee? Often you hear that you will lose your license in Tennessee if you are convicted of a first offense DUI, is that true? Yes, in Tennessee upon your conviction for a first offense DUI you will have to forfeit your license to the Tennessee Department of Safety, and if you are eligible then you may apply for a restricted driver's license. http://nashvilleduiinfo.com

If you meet certain criteria in Tennessee you may apply for a restricted drivers license. Some of the criteria are; you may not in the last ten years have had a prior DUI; you must obtain SR-22 insurance; no prior conviction for vehicular homicide; aggravated vehicular homicide; or vehicular assault by intoxication. If you meet these criteria you may apply for a restricted driver's license from the judge that heard your case or plea.

So you might ask, on a restricted driver's license in Tennessee where can I drive? Under 55-10-403(s) there are many places you may drive, some places include safety programs ordered by the court, college classes, litter pick up, religious services, and work. However one should note that being a part time student or those searching for work, does not meet the criteria.

Where do you have to go to get your restricted driver's license? In Tennessee once the judge signs you order you must take two certified copies of the Order along with your SR-22 insurance to the DMV station. It is there you will take the eye exam and driving test to obtain your restricted license.

Will the judge sign the Order for my restricted driver's license in Tennessee if I owe court costs and fines? It depends on the county you are in, some counties in Tennessee will make you pay a fraction down on the costs and set you up on a payment plan, other counties will make you pay the entire amount before they issue you the Order to take to the Tennessee DMV station. It is entirely up to the jurisdiction you are in.

Nashville public intoxication and Brief Police Contact

Often people will say to me, "can the police just stop me when I am walking down the street" it is a funny question. How many times in someones life will the police ask them to stop while walking down the street. Well in some places a lot, and in other places never. However in this instance below lets assume this has to do with a Nashville public intoxication stop scenario.

In this instance lets say you are walking down West End around Vanderbilt. You are not disturbing anyone, you have been drinking, you are at least 21, it is late say around 1 a.m. A Vanderbilt police officer pulls up and ask you what you are doing? Can they do that, as with all of the 4th Amendment Nashville public intoxication questions, there are grey areas to this situation.http://nashvilleduiinfo.com

You have now found yourself in a Constitutional question, An officer may approach you at anytime, even if there is no suspicion of wrong doing. So if in the instant case above you are walking down West End in Nashville, Tennessee after drinking some alcoholic beverages the police can approach you and ask you questions, HOWEVER you have the freedom to not answer the questions, if there is no evidence of wrong doing by you, you are free to go. Your refusal to answer questions is not a reasonable ground to detain you, there has to be something more, there has to be reasonable, objective grounds for further detaining you. Nashville public intoxication requires certain elements be met before you can be charged with this crime, there are more elements than just being intoxicated and being in public.

Under the scenario you have the right to refuse to answer questions, a police officer is free to ask you questions anytime, he does not have to think you have committed a crime when he approaches you, he is free to approach you like a civilian would, but the 4th Amendment protection becomes applicable when a person does not feel free to leave. The Courts look at it from an objective standpoint, would a reasonable person feel free to leave. If a reasonable person would not feel free to leave, then it is a Seizure under the 4th Amendment, and all evidence gained could be suppressed for a 4th Amendment violation by the government.

As with all legal discussions of the 4th Amendment there is an exception to the above noted scenario, if the police believe that they have an inarticulable suspicion that crime is afoot and they suspect you are involved somehow they may perform what is known as a Terry Stop. This is a situation where they suspect you for something, say suspicious activity around a store that was broken into the night before. They can stop you, ask questions and pat you down for weapons, however this brief detention even with cause can turn into an arrest if they detain you to long, and later it is determined there was no reason to continue to detain you after their original suspicions were proven unfounded. Terry Stop cases are voluminous, this is just a small snippet of a Terry Stop.

Nashville DUI Lawyer, Nashville Criminal Lawyer, Criminal Lawyer, Criminal Law Firm, Criminal Attorney, Nashville DUI Attorney, Nashville Criminal Attorney, Daniel McMurtry

Tennessee drinking age

Recently a group of college presidents aligned and formed a group called the Amethyst Group. In discussions with each other about college binge drinking they concluded that lowering the drinking age might reduce binge drinking which has led to many deaths over the years at their universities. The group noted that they only wanted to start an open dialogue on the subject, and were not trying to change any laws at this time. There are currently 7 states considering legislation to change and or lower the drinking age, (Tennessee is not one of them) however there may be issue with highway funds from the Federal Government if these considerations pass. Highway funds are very important to a state and can effect decisions on laws, such as the Tennessee drinking age. http://nashvilleduiinfo.com

The question is should the Tennessee drinking age be 18, and will it saves lives? Without getting into a right or wrong discussion with MADD, I will try to look at it from possibly saving lives down the road by introducing alcohol to young adults while they are possibly still at home and under adult supervision. As we know, once they move out or go to college they are for the most part unsupervised. The Tennessee drinking age could change the time that a young adult comes into contact with alcohol, and where they are at in their lives when it happens.

From my experiences in college I have seen binge drinking from persons who did not drink an alcoholic beverage at all while they were 18, and living at home while in high school, and I have also had friends who grew up around parents who drank a beer or wine in front of them and at age 18 drank some themselves. Of the two types of people, those who never drank before college and those who did, I always thought, and still think the people who drank at age 18 before college where not so excited about drinking, I mean to say it was not so new to them. They had at some point been intoxicated before they got to college, and knew how to handle themselves better while drinking. The individuals who had never been intoxicated posed a great danger to others and themselves, they had no idea of their tolerance level of alcohol, and at this point they had no parental supervision. It seem like it would be better to understand the effects of alcohol on your body while still under your parents eye, and not alone either in the real world or college. If the Tennessee drinking age were lowered we might avoid this issue.

By lowering the drinking age in Tennessee it might allow a young adult to experience alcohol with some supervision, and not discover it on their own at college with no parental supervision. Lowering the drinking age in Tennessee would help demystify alcohol to young people, and let them realize in moderation it is ok. The fact is, kids in college are going to drink.

Nashville Tennessee DUI Road Blocks and the 4th Amendment

Posted on August 21, 2008http://nashvilleduiinfo.com

So how can the State of Tennessee set up a DUI Road block? Well they can, it all flows from the Supreme Court of the United States decision in Michigan v. Sitz. A Nashville Tennessee DUI Road Block is on it’s face a violation of the 4th Amendment, however there are exceptions to the violation that the Supreme Court has recognized and so followed by our Tennessee Supreme Court in State v. Downey.

It is understood that the 4th Amendment provides protection from seizures, (ie being pulled over by the police), as such the police have to have probable cause to believe that you committed a traffic violation or articulable suspicion to stop you as a motorist.

In Michigan v. Sitz the Supreme Court of the United States held that a DUI Road block does not violate the 4th Amendment as long as certain requirements are met. So what are the requirements that the DUI Road Block must meet?

(1) The gravity of the public concerns served by the seizure
(2) The degree by which the seizure advances the public interest
(3) The severity of the interference with public liberty

The Tennessee Supreme Court used this case law from the Supreme Court of the United States to decide the case of State v. Downey, in Downey the Court stated the three part test to determine the Constitutionality of the Tennessee DUI Road Blocks. Ok so how do they really apply here in Tennessee DUI Road Blocks?

(1) They must show a state interest that is so compelling that it allows an intrusion into your 4th Amendment rights to be free from unwarranted seizures, well the state did find a reason to justify the intrusion, and it was preventing Tennessee DUI under the right circumstances, ie the gravity of public concern in preventing Tennessee DUI.
(2) Does the Tennessee DUI Road Blocks work, ie, is it an effective tool, not just some random ineffective procedure. The court used statistics from prior cases to show effectiveness in this technique of preventing Tennessee DUI.
(3) Make the interference with your liberty minimal as possible.

This is accomplished in a Nashville Tennessee DUI Road Blocks by setting out guidelines that each Road block must follow. These guidelines are things like adequate warnings, length and nature of each detention they make, (meaning how long they hold each car). Safety of Nashville Tennessee DUI Road Blocks, and stopping both directions of traffic.

There are several more guidelines as set out by the Tennessee Supreme Court to meet the Constitutional muster.http://nashvilleduiinfo.com

Nashville DUI and Constitutional Warrantless Arrests

Often I am asked this question, "I ran my car into a ditch, no one was hurt, no one was with me, I walked home, can the cops come and get me without a warrant? There is no clear cut answer, it all depends on the facts of your Nashville DUI http://nashvilleduiinfo.com

Under a general principal of the Constitution of the United States warrants are needed for arrests. However, like all good rules there are quite a few exceptions, so here we go;

In a Nashville DUI case, there is an exception to the warrant requirement. If the police witnessed the breach of the peace or the act was committed in their presence, then no need for a warrant to arrest you;

A second exception is where medical treatment is required and the suspect is at the hospital, and the time is under four hours since the accident and the officer has PROBABLE CAUSE to believe an infraction of the law has occurred;

Third is when the police officer is at the scene of the accident and the suspect is at the scene, based on the police officers investigation he may arrest the suspect as long as he has PROBABLE CAUSE;

Fourth is when a felony has been committed and the police believe that they have PROBABLE CAUSE to arrest the suspect for it;

AND FIFTH, I say this because this is the one that most people ask about, so here it is.

IF THE OFFICER HAPPENS UPON THE SCENE OF AN ACCIDENT, (LETS JUST SAY YOU RAN YOUR CAR INTO A DITCH AND WALKED HOME). THE OFFICER WITHIN FOUR HOURS MAY APPREHEND YOU WHEREVER YOU ARE, IF HE HAS PROBABLE CAUSE TO BELIEVE YOU HAVE COMMITTED A CRIME. THE KEY WORD IS PROBABLE CAUSE, WHAT EVIDENCE FROM THE SCENE OF A NASHVILLE DUI DOES HE HAVE THAT WILL RISE TO THE LEVEL OF PROBABLE CAUSE TO ARREST YOU WITHOUT A WARRANT, AWAY FROM THE SCENE, AND BRING YOU BACK TO THE SCENE.

Probable cause is the argument that more than likely will decide a case such as the example above. Like much of the law, it is an argument based on the facts of each case independently.

Could someone find the Fourth Amendment it was stolen by a Tennessee Drug Search and TN DUI

http://nashvilleduiinfo.comPosted on August 15, 2008

Without getting into lengthy case law discussions, it is safe to say that the Fourth Amendment to the Constitution of the United States is lost, either it ran away on it’s own, or somebody took it, I don’t think it ran away. Ok so where did it go, and really what was it anyway? Most people say to me, “they invaded my right to privacy” ok well if we want to be technical about this, some would say a literal interpretation of the Constitution, then there really is no right to privacy, you will not find that in Constititution. It is a right derived from the Fourth Amendment, but not really mentioned.

Ok so the right to privacy is old, right? No, it was born out of a case decided only a few decades ago. We started with a right to privacy, and since that time have continued to erode it. I have said before, it is generally understood that you have a lesser expectation of privacy in your car, so Tennessee DUI, Tennessee Drug searches of your car have less Constitutional protections for you, Why is that? The Supreme Court of the United States has said it is a balancing test between freedom from unreasonable searches, (IE privacy) and public safety. From this the gate swung open the erosion of the Fourth Amendment.

So your driving down I-24 in Tennessee heading to Chattanooga, you are pulled over by a White GMC Blazer type vehicle, and an officer approaches your car, he tells you that you have violated a traffic law in some way, maybe a Tennessee DUI violation or maybe tail light out, but then he asks you, Can I search your car? What does a traffic stop have to do with him searching your car? If your not intoxicated and their is no DUI charge, or you do have a tail light out and agree to ticket, and get it fixed, why should that be a reason to ask to search your car?

The Supreme Court of the United States has said that pre-textual stops are ok, ie if you break a traffic law it is ok for the police to stop you, even though their real intent is to ask you about drugs. Should the police officer inform you that you have the right to say no to the search? If we protect the 5th Amendment with the Miranda warnings, why don’t we protect the 4th Amendment with a warning that you have the right to say no?

Few people know that you have a right to say no to the search, but what if you say no? In short it works like this, the clock starts ticking, meaning if you say no, and the police are running your drivers license and writing you out your ticket, they can call for a drug sniffing dog, and if you are stopped by a large White Blazer type vehicle, chances are they have the drug dog in the back of their car, surprise.

Lets say there is no dog with the police when they pull you over, but they call for a drug dog from another officer who must drive to the scene, then the clock is ticking on what a reasonable time is that they can hold you for the traffic ticket they are writing you. If the courts decide it is unreasonable, then any evidence they find is supressed, however if the amount of time they hold you for a speeding ticket is 25 minutes and drug dog arrives, and makes a positivie hit on your car, probably the Tennessee Courts will not supress any evidence that the police find.
So the real question is this, Why should the police be allowed to ask to search your car when they only stop you for a traffic violation or a Tennessee DUI that is unfounded, and have no probable cause to believe that you are doing anything wrong?

If we carried probable cause to the next phase of a traffic stop to protect the Fourth Amendment, what would be wrong with that? To protect the Fourth Amendment like we do the Fifth with Miranda Warnings, all we would have to do is this, if it takes probable cause to believe you broke a traffic violation to pull you over, then why not require that there be probable cause to ask to search your car? It would simply be a two pronge test to protect the Fourth Amendment in regards to traffic stops. Add in a simple reading that you have the right to say no to a search, and the erosion of the Fourth Amendment might slow down.

TN DUI LAWYER

I was asked the other day by a former client, was there any type of judicial diversion available for a TN DUI, now the first thing is, what is judicial diversion? It is a statute in Tennessee
40-35-313 that allows a defendant to be placed on probation, and if the defendant in Tennessee completes probation they are allowed to have the charge expunged from their record. However, there is one problem with 40-35-313, it does not exist for a TN DUI charge under 55-10-403(b)(1). http://nashvilleduiinfo.com

Tennessee Statute 40-35-313 is available for other charges such as simple possession, theft, etc. There are however some severe consequences for failure to follow the probation period requirements. Upon failure of an individual to follow the requirements of probation the State of Tennessee can file a probation violation. If the court finds by a preponderance of the evidence that you violated probation, you are then found guilty of the charge that you accepted judicial diversion on. You will be sentenced under the Tennessee Sentencing Act. Your sentence will depend on what type of charge you accepted 40-35-313 on, and what range of time that charge carries with it. http://nashvilleduiinfo.com

Tennessee Statute 40-35-313 is one of the most valuable tools an attorney can use for a first time offender client. Most people do not know that a simple possession conviction may keep you from obtaining funds from the government for college, it could also affect your insurance rates, and ability to obtain credit. 40-35-313 is available for some misdemeanors and some felonies. There are many alternatives to having your case go before a jury, and 40-35-313 is one good example of a viable alternative in Tennessee Courts.

Tennessee DUI Bars

Have you ever wondered why you never hear about holding bars liable for Tennessee DUI accidents? Over and over again you hear about how to punish the Tennessee DUI driver, but no one really mentions the bars, not even MADD, why don't we rewrite the Dram shop Act in Tennessee and put some teeth into it. In Tennessee for anyone to hold a bar liable for serving someone until visible intoxication (and they harm someone in a wreck) they have to be shown to have served that person, knowing beyond a reasonable doubt that the person they are serving is intoxicated, including every element of the visibly intoxicated person standard definition as defined by the Tennessee Alcohol Bureau. This is the same standard that you have to meet to convict someone in a jury trial of murder. This is such a high standard to meet that it keeps most bars from being liable in the event they serve someone to the point of visible intoxication, and that person hurts another person. http://nashvilleduiinfo.com

Under Tennessee Code § 57-10-101, no judge or jury may pronounce a judgment awarding damages to or on behalf of any party who has suffered personal injury or death against any person who has sold any alcoholic beverage or beer, unless such jury of twelve (12) persons has first ascertained beyond a reasonable doubt that the sale by such person of the alcoholic beverage or beer was the proximate cause of the personal injury or death sustained and that such person:
(1) Sold the alcoholic beverage or beer to a person known to be under the age of twenty-one (21) years and such person caused the personal injury or death as the direct result of the consumption of the alcoholic beverage or beer so sold;or
(2) Sold the alcoholic beverage or beer to an obviously intoxicated person and such person caused the personal injury or death as the direct result of the consumption of the alcoholic beverage or beer so sold.

The legislature has passed the Responsible Vendors Act and the 1995 Alcohol Responsibility Act, these acts provided standards and tests that servers and clerks had to pass to be able to serve alcohol, and provided a responsible server and or clerk program. That seems pretty good, however some small things were missing. Why is the standard set at Beyond a Reasonable Doubt for each element of serving a visibly intoxicated person? Why is an visibly intoxicated person required, and not just an intoxicated person like the standard for a Tennessee DUI in criminal court.The first question is why are we at a Beyond a Reasonable Doubt Standard in a civil matter? If it is a civil lawsuit against a bar for serving someone to the point of intoxication then why not use the civil law standard of preponderance of the evidence, if it is good enough for every other action in civil court, then why is it not good enough to use against bars? Preponderance of the evidence is a much lower standard than Beyond a Reasonable Doubt. You must prove every element of this accusation and claim (serving a visibly intoxicated person) against a bar by Beyond a Reasonable Doubt Standard.

My only question remains, why does the civil law standard not apply to this civil law action in Tennessee.The second is the language that the Tennessee Alcohol Bureau (the legislature allowed the TAB to set the definition of what a visibly intoxicated person is) uses to establish the intoxication of a patron at a bar, by the server, it is visibly intoxicated, as apposed to intoxicated. In a criminal matter against a Tennessee DUI charged driver, it is not visibly intoxicated, it is intoxicated. So why not use the same standard, intoxicated should mean intoxicated no matter what courtroom your in, civil or criminal.

In civil trial law the standard for proving the other side is liable for your injuries is by a preponderance of the evidence, essentially a football field and you crossing the 50 yard line, so why cant we hold bars civilly liable based on this standard of by a preponderance of the evidence that they served someone to the point of visible intoxication? Why do the bars get to use a criminal standard of proof in a civil matter for their defense? Why is the Dram shop Act written to allow them a much less chance of being liable. It just makes no sense to allow bars a different standard in civil court to escape liability. Yet no one comes forward to change this law and apply a different standard for bars to be liable, the laws just continue to come forward to punish the first time offender of a Tennessee DUI more harshly.

Why not be fair and use the standard of preponderance of the evidence just like most all other civil cases use in civil court.

Posted by Daniel L. McMurtry at 1:00 PM 0

Tennessee guns, felons, National Parks, and DUI

There are consequences to having a handgun and a DUI at the same time. In Tennessee your Handgun Carry Permit can be suspended for the entire length of your sentence. You may be able to pay reinstatement fees upon the completion of your sentence, HOWEVER, you cannot carry your handgun during your probation period, it is illegal. http://nashvilleduiinfo.com

If you have been found guilty of two DUIs in the last 10 years you will not able to obtain a Handgun Carry Permit in Tennessee. In no case are you permitted to obtain any type of weapon once you become a felon, this is a Federal Law and carries with it a sentence that is served at 100 percent. In Tennessee a Fourth Offense DUI is a class E felony.

So what does a felony really mean to me? I hear this a lot, and my answer is everything. A felony is serious, it carries with it many things, here are just a few: in some countries you are not permitted to enter if you have been convicted of a felony or a misdemeanor DUI; you lose your right to vote; you are rendered infamous; you will always have to answer yes to your conviction on any government application; you are prevented from owning a firearm; you may be eligible to have an enhanced sentence should you be convicted of any other felony in your lifetime; you must submit a blood sample to the National DNA Bank as held by the United States Government; it could affect your ability to obtain a mortgage to buy a home; many countries will not permit you to enter if you are a felon, (recently Martha Stewart was denied entry into England based on her being a felon). Being a felon carries with it a lifetime of problems that one must deal with.

Currently in Tennessee you are not permitted to carry a firearm where alcohol is served. There was a bill put before the legislator to permit this, it has not moved very far, and just my thoughts, it will not pass. So remember whether you have a permit or not, YOU cannot carry your weapon into a place that serves alcohol in Tennessee.

In the United States Senate there is currently strong debate on allowing accessible weapons in National Parks, (currently your weapon must not be accessible to you, ie the trunk of your car). I suspect this debate began because of the many attacks and one recent murder of a young female hiker that occurred in the parks over the years. I believe that one should be able to carry their handgun (with a handgun carry permit) in the National Parks. Many of the trails such as the ones in the Smokey Mountains and the Appalachia are extremely secluded, you don't know who you will come into contact with. If you knew that the hiker you were coming into contact with might have an accessible loaded 44 magnum pistol and could blow a hole in you the size of a soccer ball, would you try to rob that person, and or harm them? I really doubt it. Allowing accessible weapons in the National Parks will deter crime, and protect hikers on secluded trails. To the people who would say that everyone would have an accessible gun in the National Parks, if they are right, it would simply even the playing field against the people who intend to do harm against innocent people.

What is a Preliminary Hearing?

The Supreme Court of the United States provided that the Fourth Amendment to the Constitution did not allow for arrest without probable cause, and if there was an arrest there must be a determination by a judge following the arrest as to whether or not there is probable cause to continue your case. The hearing for that determination is called a preliminary hearing, the judge need only reach the level of probable cause, not beyond a reasonable doubt. http://nashvilleduiinfo.com

Although this right to a hearing comes from the Fourth Amendment, it is not required by the Constitution. This means that if you are indicted (the grand jury indicts people with the a State of Tennessee prosecutor presenting the case) you do not get a preliminary hearing, although you can still ask for one from the Tennessee Criminal Court Judge once you are arraigned.

The main purpose of the hearing is to determine if there is sufficient evidence to subject you to criminal court and all the formal proceedings that go with it. It is a great chance for the Tennessee defense attorney to hear and see what the state has as evidence to prosecute you.

In a Tennessee DUI it could be the blood work results, the officer's testimony, the BAC from the breathalyzer or statement from other witnesses. At preliminary hearing very rarely does the defendant testify. At this stage, even if the charges are dismissed the State of Tennessee can still present your case to the Grand Jury. If your case is dismissed at preliminary hearing and you are indicted later on, you may well have to make another bond. Most people do not realize that jeopardy has not attached, (jeopardy is what prevents one in The United States from being retried for the same crime after an acquittal). Preliminary hearing in Tennessee is just for the purpose stated above, it is not about your ultimate guilt or innocence, it is only about whether there is sufficient probable cause to continue to pursue the case against you.

A good preliminary hearing can be invaluable for the defense, it can allow for a preliminary case evaluation and get testimony that is preserved for the remainder of the case.

In one particular case my client was charged with attempted first degree murder and the preliminary hearing made the difference between being convicted and being acquitted. The difference was that a witness had changed his testimony and everyone had forgotten. However upon reviewing the witnesses prior testimony it was obvious to the jury that the testimony had changed, and it had a tremendous impact upon the jury. It allowed them to acquit my client of attempted first degree murder.

Can cops pull me over for nothing?

Many more times than I can count, someone has asked me, "Can the cops pull me over for nothing?" My answer is always, "They can't just pull you over for nothing". But as always the devil is in the details, what does it take for the police (including Tennessee State Troopers) to be able to pull you over in your car? http://nashvilleduiinfo.com

Lets just start with the presumption that you have a lesser expectation of privacy in your car, (privacy is derived from the 4th Amendment to the Constitution of the United States to be free from unreasonable search and seizure)for public policy reasons such as public safety. So starting with that premise, what does it take to get pulled over? There are two ways to find yourself pulled over in your car in Tennessee by the police, one is Probable Cause that a Tennessee traffic violation has been committed, the other is Reasonable Suspicion that crimes is a foot supported by specific and articulable facts. Ok, now what does that really mean?

Probable Cause to believe a Tennessee traffic violation has occurred, it is quite simple regarding this requirement, if you are violating a traffic law, they can pull you over. Probable cause could be a license tag expired, no headlights on, and failure to stop at a stop sign, the list can go on for as many traffic rules as there are in Tennessee. They can also pull you over in Tennessee for violation of the seat belt law.

Pulling someone over in Tennessee for a traffic violation under probable cause is simple enough, but the complex part of this stop becomes, how long can they hold you once the reason for the stop is over, at what point does that become unreasonable and violate your Constitutional Rights. In essence, once the stop is over for the original reason they stopped you, have they obtained further evidence to continue to hold you for something else they suspect you of, this is the argument that is contained in so much case law from The Tennessee Courts and the Supreme Court of the United States. Each case stands on its own facts to determine what point and time a valid stop under Probable Cause becomes invalid.

What is Reasonable Suspicion that crimes is a foot supported by specific and articulable facts? if you have not violated a Tennessee traffic law, how can they pull you over? What are the specific and articulable facts? They are facts that the police can specifically point to that taken with rational inferences can allow for a stop of your vehicle.

How does that (reasonable suspicion) work in Tennessee? Lets say there is a car parked behind the Piggly Wiggly in Nashville, just sitting there at night, say around 12 midnight. The car is breaking no laws that we know of, so this could not be a stop based on probable cause of breaking a traffic law. The next step would be, is there reasonable suspicion in the police officers mind supported by specific and articulable facts to make the brief detention of the car. Well the officer thinks it odd that the car is sitting there, is that enough? probably not. The next fact might be that there had been some break ins at the Piggly Wiggly in recent days, and the surveillance camera caught a car pulling away from store after one of the break ins. Is this enough, probably, the police officer can probably stop the car from leaving. You can say this is the totality of the circumstances that resulted in there being specific and articulable facts for the officer to make the stop. The facts of the break ins, being after closing hours, a car sitting behind the store, and the police officers own observations, all these things would probably be specific and articulable facts that the office could then draw rational inferences from to think crime is about to happen or has happened. Thus the stop of the vehicle behind the Piggly Wiggly becomes valid.

Can they just stop me arbitrarily to check my drivers license? No, absent some other information that they would have to know about you, they cannot just pull you over to check your license.

The Mary Winkler trial

The Mary Winkler trial presents a great example that undisputed facts are not always detrimental to the defense. In the Winkler trial there was no disputing that she in fact shot her husband point blank while he was asleep, that really was never in dispute. So what made this trial so different from other first degree murder cases, how can someone actually have those undisputed facts in Tennessee, and not get convicted of first or second degree murder? Mary Winkler was convicted of Voluntary Manslaughter.

From my understanding of the case, no one was called a liar, meaning again there was no disputing the facts of how he died, however what was so interesting was the facts about why she killed him. It is hard to say that those facts were in dispute, because only Mary Winkler could tell those, either you believed her or you did not, there was no dispute from any living human being.

It is my understanding from the trial that the couple was involved and belonged to a Church of Christ, the Church of Christ very much frowns on divorce, I think this is another fact that no one would disagree on during the trial. I think both sides could agree that the church was very apposed to divorce on strong literal interpretations of the bible, as the Church of Christ believes the bible literally, (some religions do not). This would come back again when Ms. Winkler testified, as she testified about sex acts that she performed with her husband that she did not like, some of these sex acts even between consenting adults married would also be frowned upon by the church that they belonged to, so once again we have another fact that no one really can dispute, the only person that knows the validity of whether that happened was Mary Winkler. She testified that it did, so who could the prosecution call to dispute that.

When Winkler took the stand the trial became about so much more than the facts of her shooting her husband, it became about what caused her to shoot her husband, the fact that she shot her husband became far less the focus, and more of a result of what she said he did to her.
In a since, the facts that she talked about on the stand became facts that no one could dispute, it became about, do you believe her?

Another note about the trial, there were a large number of women on the jury panel, in Tennessee women really come out to vote in local elections when a woman runs for political office. For the most part women really do support women in Tennessee in regards to politics, and the right to defend themselves from men. So the second great element of this trial is or was in place, a large number of women who I believe did not enjoy hearing about Ms. Winkler being forced to do sexual acts or dress a certain way for sex. In essence I don't think they liked the idea of this mother being forced to do things against her will, and when she opened a bag on the stand while testifying to show the jury what she had to wear, I think the jury had seen enough and thought she had a right to do something to stop this. There was no way to bring in a witness to prove she did not have to do these things, I mean how could anyone dispute what went on in her bedroom.

And lastly, how this all worked together, it worked together because she had a good attorney who understood in the south that women always can defend themselves; people should always be able to defend themselves in their home; sometimes religious values can allow for a person to commit what would otherwise be a wrong into a right, in essence a wrong can be justified by circumstances, in this case, the alleged abuse justifies murder; and sometimes a trial is not about the facts of what happened. And always remember in the south women do support women in politics, and the court system.

Criminal Law, myths and truths

This site is dedicated to the real world of criminal law, not just theory, but how criminal law really works in the every day world. It will explore and discuss urban myths and legends about criminal law in an easy to understand format. While we will discuss criminal law in some case law, each post will try to relate that case to a real world situation that might actually happen. I will try to relate some trial experiences of myself and others that are close friends to explain how criminal law works in the trial setting. Much of the simple format that I explain criminal law in was taught to me by one of the best civil lawyers I have ever met. Quite to the point I learned from him, nobody really likes lawyers, and if you speak like a lawyer, (like we learned in law school), your chances of conveying your message to others is very low.

There are many urban myths about criminal law, this site will touch on many of them. Some quick notes will be things you often hear like, "you get more time for having pot than you do murder", "if you shoot a prowler outside your house, drag him inside the home", "I shot him below the waist, that can't be attempted first degree murder", and "I have a Tennessee Concealed Weapons Permit", no, there is no such thing, it is a Tennessee Handgun Carry Permit". I have always been fascinated by these myths, and I would like to explain and discuss how some might be true, and others are just not true at all.

The myths and rumors of criminal law is what drove me to law school, (as I came from a blue collar background and we had no family lawyer) I actually wanted to know, is that really true, and what does the Constitution of The United States really mean to me, and my day to day life. Having been taught by some professors who were students of now sitting Supreme Court Justices I learned in legalize, while this is good for law school, it is not good to speak this way with jurors and society at large, it does not explain how the law really applies to everyday life. Speaking in the terms of pre-textual stops, does not really explain the question of, "can they pull me over for having a tail light out, i know they really wanted to ask me about drugs".

This site may include from time to time civil case law, as well as political commentary, after all the most important way to protect your rights as a United States Citizen is to exercise your right to VOTE.

I hope you enjoy this site, and it proves useful to you.