Attorney Offices by Municipality
- Bartlett
- Jeffrey Jones:
In Tennessee, drunk driving charges are known as DUI (Driving Under the Influence). Only in other states will you find a DWI (Driving While Intoxicated) charge. Whether you are a Tennessee resident or a visitor from another state, the Law Office of Jeffrey Jones can represent you in matters involving Tennessee DUI charges.
License suspension does not result upon arrest, but on after conviction. If we can get you freed from charges or resolve your case without a conviction, you will not lose your license.
If you are arrested for a second offense DUI, your car will be confiscated and impounded. Officially, this is known as "civil forfeiture," and is done by the Tennessee Department of Safety, not the police.
- Brentwood
- Carthage
- Brooks, Richard:
DUI / DWI
The laws relating to drunk driving differ from one state to another, and even vary
in terminology ("drunk driving," "DUI" or "driving under the influence," "DWI" or
"driving while intoxicated," "impaired driving," etc.) These differences can involve the
legal definitions of the offense, effects on license suspensions and/or restrictions, the
nature of court and administrative procedures, nature and severity of penalties, what
conduct constitutes a felony, and so on.
- Chatanooga
- Clarksville
- Phillips, James:
"DUI" stands for Driving under the Influence and occurs when someone is operating, or is in actual physical control, of a motor vehicle while under the influence of alcohol or other controlled substance to the extent that their mental faculties are impaired and/or their blood alcohol content (BAC) is above the legal limit. Even for a first offense, penalties can include license suspension, substantial fines, community service, mandatory attendance at a state or DMV approved alcohol program, mandatory overnight incarceration and the required installation (at the offender's expense) of a car ignition locking device. In addition, a DUI conviction stays on a DMV record for several years, it typically results in higher insurance premiums, and an offender may become ineligible for credit. Plus, a DUI could also jeopardize your employment opportunities.
However, if someone was injured as a result of the drunken driving accident, it is possible the defendant will be charged with a felony (and if the victim dies, the driver may be charged with vehicular manslaughter). Further, a DUI conviction will likely be raised to a felony if it is the driver's fourth DUI offense or the driver has had a prior felony DUI offense within 10 years of the new charge.
- Michael Davenport:
When you need a lawyer for any reason, you deserve fast action and effective solutions that restore your peace of mind. You need an experienced legal team who will work with you to get the result justice demands.
- Jeffry S. Grimes:
A charge of DUI can be successfully defended.
There are so many things to challenge in a DUI case and so many areas in which an officer can make a mistake.
You can attack the initial stop made by the officer. You can attack the probable cause of the arrest. You can challenge the Field Sobriety Tests. You can challenge the performance of the breathalyzer machine or the blood test results. There is so much you can attack.
So many of the arrest warrants read the same in DUI cases. They go something like, ãAfter a lawful traffic stop, I approached the subject vehicle and noticed an odor of an alcoholic beverage emanating from the subjectâs person. The subject had blood shot, watery eyes, slurred speech, and were unsteady on their feet. The subject was asked to perform field sobriety tests, of which they failed (or failed to perform satisfactorily) 2 out of 3 tests (or 3 out of 4, or whatever they put). I subsequently placed them under arrest for DUI.ä
- Aldred Law Office"
You can plead guilty and do the jail time and pay the fine by yourself
much cheaper than hiring any lawyer! This is seldom, if ever in your
best interest!
- Collegedale
- Harry Miller:
Under the Sixth Amendment of the United States Constitution, a defendant has a right to be confronted with witnesses who testify against the defendant. In addition, under the Fourteenth Amendment of the United States Constitution, the defendant has a right to due process. Included in these rights is a defendant's right to be present at his or her trial.
- Cookeville
- Joe McLerran:
You should consult an attorney for individual advice regarding your own situation.
- Cordova
- Cohn Law Firm:
Sometimes a trial is the best course of action. The client then has the
right to have a jury of his peers hear the evidence, and then decide
whether or not the client is guilty, and what the sentence will be.
- Covington
- Franklin
- Ofman, Lee:
A motorist who is stopped for DUI in Tennessee has certain rights which include the right to remain silent. There are other important rights which should be discussed with an attorney.
A DUI arrest can lead to loss of driving privileges and time in jail. Once convicted, the motorist will have a permanent record of that conviction, and it can be used against him in future court proceedings for up to ten years.
DUI's can be successfully defended...
- Byrd
& Asssociates: Facing criminal charges is painful and traumatic for
most people, and conviction can result in serious, life-changing
consequences.
- Germantown
- Ferrell Law:
Mississippi DUI Law
Legal Standard:
The Mississippi Code Annotated considers all of the following intoxication:
¥ Driving under the influence of liquor
¥ Driving under the influence of any other intoxicating substance
¥ Driving with a Blood Alcohol Concentration of .08 or greater (.02 or higher for minors)
¥ Operating a commercial vehicle with a Blood Alcohol Concentration of .04 or greater
First Offense:Ê Penalties for the first offense in Mississippi are a fine of $250 to $1,000, in addition to any city or municipal fines and court costs, and/or 48 hours in jail.Ê At the courtÕs discretion, a Victim Impact Panel may be substituted for the 48 hours of jail time.Ê In addition, the court usually requires the completion of an Alcohol Safety Education Program administered by the Mississippi Alcohol Safety Program.Ê Finally, the court will suspend your license for a minimum of 90 days.
After the first offense, you can apply for a Òhardship exceptionÓ to the license suspension.Ê Obtaining this will permit you to drive (1) to work, (2) to attend school, and (3) to obtain medical care.
Second Offense:Ê The second conviction within 5 years in Mississippi results in a fine of $600 - $1,500, 5 days - 1 year in jail, and 10 days - 1 year of community service.Ê None of the minimum sentences will be suspended.Ê After your second conviction, the court will suspend your license for 2 years.Ê For this offense, there can be no Òhardship exceptionÓ to the license suspension.
After your second offense, the court may also require you to undergo an in-depth diagnostic assessment for alcohol and drug issues. After a period of one year and successful treatment by a certified alcohol assessment treatment center you may be allowed to have your license temporarily reinstated.
ÊIf you are the sole owner/operator of the car you were driving drunk in, the court will order it to be impounded or immobilized for the duration of the suspension.Ê If someone else in your household operates or owns the car also, the court will order the attachment of an ignition interlock system to the vehicle.Ê The ignition interlock will be set so that the car can not be used when a BAC of greater than .025 is present.
Third Offense:Ê The third conviction in 5 years is a felony.Ê The court will impose a fine of $2,000 - $5,000 and a prison term of 1 - 5 years.Ê As long as no one was seriously injured or killed, this term can be served in the county jail.Ê Here, as with the second offense, there is no suspension of the minimum sentences.Ê A five year license suspension will attach for the third offense and you may not apply for the Òhardship exception.ÓÊ
After your third offense, the court may also require you to undergo an in-depth diagnostic assessment for alcohol and drug issues.Ê If you are the sole owner/operator of the car you were driving drunk in, the court will order it to be impounded or immobilized for the duration of the suspension.Ê If someone else in your household operates or owns the car also, the court will order the attachment of an ignition interlock system to the vehicle.Ê The ignition interlock will be set so that the car can not be used when a BAC of greater than .025 is present.
Drunk Driving Where Death, Mutiliation, Disfigurement, or Permanent Disability Results:Ê In this case, the penalty escalates to 5 - 25 years in prison.Ê For multiple injuries or deaths resulting from one crash, the court may choose to enforce those penalties consecutively or concurrently.
Under 21:Ê If you are under 21 and have a BAC of over .08, the same sanctions apply as if you were over 21.Ê But, if you are under 21 years of age and are driving with a Blood Alcohol Concentration of between .02 and .08, the court will apply the following sanctions.Ê
First Offense:Ê The first conviction under 21 is punished with a $250 fine and a 90 day suspension of the driverÕs license.Ê The court will also order attendance at an Alcohol Safety Program.Ê At the courtÕs discretion, a Victim Impact Panel may also be assigned.
Second Offense:Ê The second conviction results in a fine of up to $500 and a one year suspension of the driverÕs license.
Third offense in five Years:Ê If you have three offenses under the age of 21, the court will impose a $1,000 fine and suspend your license for 2 years or until you are 21 - whichever is longer.
- Snider, Horner & New:
Generally in Tennessee, it is unlawful for any person to drive or to be
in physical control of any automobile or other motor driven vehicle on
any of the public roads and highways of the state, or on any streets or
alleys, or while on the premises of any shopping center, trailer park
or any apartment house complex, or any other premises which is
generally frequented by the public at large, while under the influence
of any intoxicant, marijuana, narcotic drug, or drug producing
stimulating effects on the central nervous system; or when the alcohol
concentration in such person's blood or breath is eight-hundredths of
one percent (.08%) or more.
- Jackson
- Mueller & Ellis:
A DUI charge is a serious matter. Conviction can put your ability to drive in jeopardy. You may face large fines, required alcohol counseling, and jail time. It is important to have legal counsel from an attorney who can educate you about your options and your rights.
- Johnson City
- Scott Pratt: A DUI conviction has serious consequences including jail time and the loss of your driving privileges.
- Knoxville
- Madison
- Kimberly Hode:
Refusing to answer a police officer's questions is not a crime. Of
course, people often voluntarily assist the police by supplying
information that might help the police make an arrest. But the Fifth
Amendment to the U.S. Constitution guarantees the "right of silence." A
police officer generally cannot arrest a person simply for failure to
respond to questions. This means that unless a police officer has
"probable cause" to make an arrest or a "reasonable suspicion" to
conduct a "stop and frisk," a person approached by the police officer
has the legal right to walk away. But the fact that there may be a
legal right to walk away doesn't mean this is a wise move. This is
because there is no real way to tell what information the officer is
using as a basis for his or her actions. In fact, the officer may have
information that gives him or her a valid legal basis to make an arrest
or to conduct a "stop and frisk," even if the individual is, in truth,
innocent of any wrongdoing. If that is the case, an officer may
forcibly detain an innocent individual who starts to leave the scene of
an interview.
- Maryville
- Memphis
- Millington
- Lewis, Paul:
Challenging a DUI arrest is often a matter of comparing the police officer's impressions with hard evidence such as the arrest video and the jail intake physical. When the officer reports that you were obviously impaired according to the field sobriety test, but the other evidence indicates you were fine, the state has to prove that the video or jailer is wrong. Often, these cases are dropped.
Another common mistake that can lead to dismissed charges occurs when police officers make use of nonstandard field sobriety tests. If you were charged with DUI based on an invalid test Ñ reciting the alphabet backward, touching your nose, counting backwards, or counting on your fingers, for example Ñ call DUI (a) defense lawyer ...
- Nashville
- South Nashville
- Jennifer Thompson:
What Does It Mean To Be Charged With A Crime?
When you are charged with a crime, someone has accused you of breaking the law.
Criminal charges can start three different ways:
¥ You can be arrested at the scene of the alleged crime by the police;
¥ You can be arrested later based on a warrant issued after someone, either private citizen or police officer, has sworn before a judge that you have committed a crime; or
¥ You can be arrested based on an indictment from the grand jury. This "direct presentment" is the result from an investigation through the District Attorney's office.
Regardless of how the charges begin, there must be enough evidence that, an average person, once they hear the facts, would believe that there is a reasonable chance that you have committed a crime. This is called "probable cause."
What Is General Sessions Court?
In criminal matters, general sessions court is where most cases begin. Anyone who was arrested at the scene of a crime or was arrested based on someone's sworn statement will come to this court first.
There is never a jury for cases in general sessions court. General sessions court is not "a court of record." This means that when you appeal a trial from this court, you start over fresh with a new trial in criminal court. There is no court reporter, but everything is audio taped.
Most criminal cases in general sessions court are not set for trial but instead are set for preliminary hearings.
The law treats felony and misdemeanor cases differently in general sessions court.
What Can Happen To A Misdemeanor Case In General Sessions Court?
General sessions judges can "try" (as in have a trial) cases, if they are misdemeanors, but only if the defendant and district attorney agree to "waive a jury trial." If the case is tried in general sessions court, then the guilt of the defendant is decided at this level and the case does not continue on to the grand jury. The result is that the defendant waives his right to have his case heard by the Grand Jury.
Defendants can plead guilty to misdemeanor charges in general sessions courts and judges can sentence people on these charges.
The district attorney can always dismiss charges.
The judge can have a preliminary hearing on misdemeanor charges in general sessions court. But, most misdemeanor cases are disposed of (there is a trial, guilty plea, or they are dropped) in general sessions court unless they are related to felony charges.
What Can Happen To A Felony Case In General Sessions Court?
You cannot have a trial or plead guilty to felony charges in general sessions court. Most felony cases are set for a preliminary hearing. The district attorney dismisses a small number.
It is possible to reach a plea agreement with the district attorney in general session court and "by-pass" the grand jury. This is called a "criminal information." Pleading guilty to a "criminal information" waves several important rights of the defendant (the right to a preliminary hearing and the right to a grand jury). This is not usually a good idea, but there are a few times when it can benefit the defendant.
This is one example of when it is a good idea to plead guilty to a criminal information. When a defendant cannot make his bond he must wait in jail from the time the case is bound over to the grand jury and the time it is transferred to criminal court. This wait will be somewhere between four and six months. If a defendant is offered a jail sentence of less than four months then is can be a good idea to plead guilty to a criminal information.
A criminal information is a three-part process and takes about a month. The first step is for the defendant to waive his preliminary hearing in general session court and to sign a written agreement stating what crimes he is pleading guilty to and what the sentence will be for the crimes. The second step is for the district attorney to draft a formal statement of the charges, called an information. This information takes the place of the grand jury indictment.
The third step is for the defendant to go to criminal court. If the judge agrees with the plea-bargain, then the defendant can plead guilty to the charges and receive his sentence from the judge.
What Is A Preliminary Hearing?
A preliminary hearing, or probable-cause hearing, is the court hearing where the state must prove that it has "probable cause" to believe that you have committed a crime. These hearings take place in the general sessions courts. In Davidson County, this means that they will usually be held on the third floor of the courthouse or in the small courtroom at the Criminal Justice Center. Occasionally, general sessions court for domestic cases (husband/wife, boyfriend/girlfriend, parent/child) will be held in the Ben West Building.
At the preliminary hearing, the judge will decide whether there is enough evidence to believe that there is a "reasonable" chance you have committed a crime. This is a different type of hearing than a trial, where the judge is deciding whether you are guilty of a crime. It is much easier to find that there is a chance you committed a crime so the "standard of proof" is very low.
If the judge decides that there is a chance you have committed a crime, your case will be "bound over" to the grand jury. If the judge decides that there is not enough evidence to believe that you may have committed a crime the case is dismissed. If the case is dismissed at this point, the district attorney can still take your case to the grand jury. A dismissal of your case at this stage does not mean your case has ended. It might still come back up. If it does, you will be notified that there is an indictment against you. You may be arrested on the indictment and have to pay a new bond.
What Is An Arraignment?
If you have been charged with a crime, your first appearance in court before a judge is usually your arraignment. This is when your charges are read and you enter your first plea.
Arraignments in criminal court are usually held on Wednesday mornings. When it is your turn to be arraigned, your name will be called. If you have hired an attorney, your attorney will answer for you. You and your attorney will stand up before the judge. The judge will give your attorney a copy of your "indictment" from the grand jury and a schedule of your next few court appearances. Your attorney will enter a "not guilty" plea for you. He will also tell the judge your birth date and social security number. The arraignment takes about five minuets.
If you cannot afford an attorney, you must fill out an "affidavit of indigency." Even if you were appointed an attorney (public defender or private) in general sessions court, you must be re-appointed an attorney in criminal court. The public defender's office is always in court, but you must call your private attorney to tell him about the arraignment date.
- Trenton
- Jeffrey
Smith: The determination fo the need for legal services and the choice
of a lawyer are extremely important decisions and should not be based
solely upon advertisements, certification, specialization or
self-proclaimed expertise.
- Unknown
- Mills & Wagner:
My Lawyer has told me not to talk to anyone about my case, not to answer questions, and not to reply to accusations.
Call my lawyer if you want to ask me questions, search me or my property, do any tests, do any lineups,
or any other identifications procedures.
I do not agree to any of these things without my lawyer present and
I do not want to waive any of my constitutional rights.
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