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Nashville DUI Lawyers

  1. Ryan, Ed: The big lies about Drunk Driving charges Many people, attorneys and judges included, have a completely wrong attitude toward a DUI charge. They are trapped by believing many common lies about a Tennessee DUI. Such lies can lead to dire consequences due to improperly investigating the case and knowing the law. A DUI is a ÒsimpleÓ charge: Do you think it is simple to lose your job? Is it simple to be unable to drive? Is it simple to be unable to travel to other countries? Is it simple to be unable to rent an apartment? Is it simple to be banned for life from having a Commercial driverÕs license? Is it simple to go to jail? Is damaged credit ratingÕs simple? Is it simple for your insurance to increase by thousands of dollars for years to come? This is just a start to some of the hidden costs of a DUI. This is a charge follows you for years and possibly a lifetime. There is nothing ÒsimpleÓ about the type of penalties you can suffer from a ÒsimpleÓ DUI. Regretfully, far too many untrained attorneys think of a DUI as ÒsimpleÓ and advise their clients to quickly enter a plea. A trained, competent DUI lawyer can help you understand the dangers you face and protect you from this harm. A DUI case is the same as any other criminal case: If the consequences were not so serious this would be humorous. A judge recently said ÒA DUI case is one of the most difficult cases to try, more difficult than most murder cases.Ó In many areas, the courts handle DUI cases differently from other offenses. For example, in a murder case, the defense lawyer will order an independent analysis of ballistics tests, blood spatter patterns, fingerprints, and other physical evidence. This is not true in a drunk driving case. Tennessee law does not require an officer taking a breath test to capture a sample of the breath so it can be analyzed independently at a later date, even though the machines can seal samples at a minimal cost. The U.S. Supreme Court has said that it is perfectly acceptable that such critical evidence be destroyed. In the judicial system DUIÕs are special. Yes, different rules apply to a DUI case. In a run of the mill criminal case, you would be allowed to view and test the evidence against you. If blood were involved you could have it tested also. In most DUI cases the evidence consists of a breath test which produces a number printed on a piece of paper. In Tennessee your breath is not saved for additional testing. The machine ECIR II could be equipped for a minimal cost but the state has chosen not to. The courts have said not a big issue, it is DUI evidence and we will ignore that evidence was destroyed. If you were arrested, you must be guilty: You certainly donÕt want an attorney representing you who starts off thinking you are guilty. An attorney should believe in his client and devote himself to defending his client. The evidence in most drunk driving cases is a breath test. A skillful attorney can be successful in exposing the problem with such a test. Because of their lack of sophistication, most scientists would not trust the results of a breath test machine as a basis for research or investigation. Both the accuracy and reliability of these machines are subject to challenge. The breath machine is just that a machine purchased in a government contract. There are a number of ways to attack a breath machine. This not a scientific instrument yet the state want to treat it as such. There are reliability, accuracy, administration and training errors, just to name a few. You canÕt win a Tennessee DUI case: Oh my goodness, we have allowed ourselves to be brainwashed into believing this lie. It is outrageous to think that a person would actually pay a lawyer who believes this lie. An experienced DUI lawyer will start preparing for trial the very first meeting. He will investigate and subpoena every piece of evidence available. The lawyer will often fight extensively through motions and other procedural maneuvers. The client should not automatically be advised to plead guilty because an attorney who is not properly trained believes that these cases are difficult or impossible to win. DUI is a minor offense: The stigma of a conviction can cause tremendous stress and fear. Many drivers whose licenses are suspended continue driving to keep a job and provide for their families. By doing so, they live in fear of being stopped, caught, and jailed for driving with a suspended license. Most of those convicted suffer financially and socially. In most states, a DUI conviction is permanently on their record. Only those justly convicted should have to endure these emotional, financial and psychological hardships. It is not a crime to have a drink and drive. Convictions for drunk driving should only occur when a personÕs blood alcohol level exceeds the arbitrary numerical standard set by the state, or when it is proven that personÕs bad driving is connected to an impaired state due to a high alcohol level. You have a right to inquire about the training your potential attorney has received. You should be sure that the lawyer has spent substantial time training specifically in the field of DUI.
  2. Thompson, Jennifer: If you have been accused of drunk driving, you know that serious consequences can result. If you refused a breath test, you will lose your license. If you had a child in the car, you face a minimum of 30 days in jail. If someone was hurt as a result of drunk driving, you could face up to a year in jail.
  3. Ewing Law Office: DUI and drug possession arrests together constitute a large percentage of arrests in Tennessee. Each charge brings unique challenges, unique defenses and its own set of plea bargain opportunities. The courts also offer unique programs aimed at helping offenders.
  4. Duncan, Anthony: If there is a trial will I need to be there? Yes, if there is a trial, you must be present.
  5. Stephenson, Brian: A DUI charge can happen to anyone. One too many drinks at dinner or a concert, and you're stopped for going a few miles per hour over the speed limit. The arresting officer has often times pre-determined that you're going to jail before he even asks you to complete the field sobriety tasks or blow into the breathalyzer. The police will often also arrest the owner of the car for letting a drunk friend or family member drive while the owner thinks that he or she is being responsible by being the passenger (TN law calls this "DUI - Vehicle Owner"). But just because you've been arrested doesn't necessarily mean that all is lost. You need an experienced attorney, familiar with the criminal justice system, to analyze your case, explain your rights, options, and possible outcomes, and defend you to the fullest extent.
  6. Preston, Ashley: A defendant's probation may be revoked by a trial judge if the defendant violates any of the terms or conditions of his or her probation. Only the trial judge that granted probation to the defendant has authority to revoke the defendant's probation.
  7. Parrish, Eileen: After a defendant is convicted, he may file a motion for an acquittal. An acquittal is a formal certification of innocence or a finding of not guilty. Typically, the basis for filing a motion for an acquittal is that the evidence does not support the verdict.
  8. Oliva, John: The determination of 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.
  9. Freeman, Blake: A justification means that a defendant is seeking to avoid liability for a criminal offense by showing the circumstances that justified the defendant's actions. A justification is not a true defense. When asserting a justification, the defendant generally admits that he or she committed the offense but claims that his or her conduct was justified under the facts and circumstances.
  10. McEvoy, Bernie: Tennessee drunk driving penalties are among the toughest in the country. A person convicted of driving under the influence (DUI/DWI) can lose his license for one year and will have to serve a mandatory 24 hours of jail time. The penalties for subsequent convictions are increasingly severe, requiring 45 days in jail for a second conviction and 120 days in jail for a third. People can lose their house or job when a DUI conviction puts them in jail for an extended period.
  11. Durham & Dread: If you have been arressted for a crime you need immediate help.
  12. Rob McKinney: The primary issue in your drunk driving case relates directly to the probable cause for the vehicle stop. If a roadblock was set up, that is fodder to have your case dismissed as well. The assertions of the arresting officer and information they provided on the 132 form will be challenged. A witness to the stop and the subsequent arrests can be a valuable resource. In addition to an experienced DUI defense attorney and seasoned paralegals with investigatory backgrounds working for you, also bring in experts in field sobriety, breathalyzer testing and blood alcohol analysis. Most repeat DUI offenders are assigned a probation officer and may be required to install an ignition lock device on their car. In order to start your car, you are required to blow into the device without registering any alcohol on your breath before the car will start.
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