Archive for May, 2018

Drinking and Boating

Like drinking and driving, the simple act of drinking and boating is not itself against the the law in Tennessee.  However, operating a watercraft (boat) that is subject to registration in Tennessee while under the influence is a criminal offense.  According to the Tennessee Wildlife Resources Agency (TWRA) the Memorial Day holiday weekend is one of the busiest boating weekends, as it is regarded as the unofficial start of summer.  TWRA officers are sure to be patrolling the waterways to enforce Tennessee boating safety.

Boaters in Tennessee are prohibited operating a boat “while under the influence of any intoxicant, marijuana, narcotic drug, or drug producing stimulating effects on the central nervous system.”  Tennessee Code Annotated § 69-9-217(a).  Tennessee law further provides a per se BUI law, i.e. boaters cannot operate a vessel while having a blood alcohol concentration of .08% or greater. Tennessee Code Annotated § 69-9-217(j)(2).

Like a Tennessee driving under the influence charge, the issues and laws surrounding a Tennessee BUI can be complicated and technical.  If you’ve been charged with Boating Under the Influence in Tennessee or have any questions about the offense of BUI, please contact the Oberman and Rice Law Firm at (865) 249-7200.

Additional information about Boating Under the Influence (BUI), as well as the related crime of Driving Under the Influence (DUI), can be also found on the Oberman & Rice websites at www.tndui.comand www.duiknoxville.com.

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Who Qualifies As a Tennessee Habitual Motor Vehicle Offender?

A Tennessee offender may be declared by a court to be an Habitual Motor Vehicle Offender (HMVO) if convicted of certain Tennessee crimes, specifically–three or more convictions within five years or five or more convictions within ten years.  The qualifying Tennessee crimes include:

  • Voluntary manslaughter resulting from the operation of a motor vehicle;
  • Vehicular homicide;
  • Involuntary manslaughter resulting from the operation of a motor vehicle;
  • Vehicular assault;
  • Improperly passing a stopped school bus;
  • Leaving the scene of an accident that resulted in injury or death of any person;
  • Leaving the scene of an accident that resulted only in damage to a vehicle driven or attended by any person;
  • Driving under the influence (DUI);
  • Aggravated vehicular homicide;
  • Adult driving while impaired (Adult DWI);
  • Reckless Driving;
  • Drag Racing;
  • Evading arrest in a motor vehicle;
  • Reckless endangerment by use of a motor vehicle; or
  • Driving on a cancelled, suspended, or revoked license if the underlying offense resulting in the cancellation, suspension, or revocation was vehicular assault, vehicular homicide, or DUI.

 Please visit our blog in the coming days for discussions on how to be declared an Habitual Motor Vehicle Offender, the steps to have driving privileges restored, and the criminal penalties associated with an HMVO violation.  Should you have any questions about the Tennessee Habitual Motor Vehicle Offender law, please feel free to the Oberman and Rice Law Firm at (865) 249-7200.

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Habitual Motor Vehicle Offender Status (HMVO)

Tennessee has established the Habitual Motor Vehicle Offender (HMVO) Act, also often referred to as the Tennessee Motor Vehicle Habitual Offender (MVHO) Act, to provide safety for all citizens who travel upon Tennessee roadways.  The Tennessee HMVO law denies the privilege of operating motor vehicles within our state to those whose conduct and driving record demonstrate an indifference to the safety and welfare of others.  The law further serves as a deterrent to repetition of unlawful acts.

The next several posts will focus on the details of the Tennessee Habitual Motor Vehicle Offender classification. How does a motorist qualify as an HMVO offender? What penalties are associated with a Tennessee HMVO violation? How and when can the driving privileges of a Tennessee motorist who has been declared an MVHO offender be restored? Please visit our blog in the coming days and weeks as we explore the answers to these questions.

In the meantime, if you have immediate questions about the Tennessee HMVO law, please feel free to the Oberman and Rice Law Firm at (865) 249-7200.

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Tennessee Highway Patrol Checkpoints planned for the upcoming Memorial Day 2018 Weekend

With just a few weeks until lake season begins in East Tennessee, motorists who plan on traveling to enjoy the upcoming Memorial Day weekend need to be mindful while driving to the lake festivities and family cookouts. Tennessee Highway Patrol troopers will be out in force during Memorial Day weekend ensuring that motorists are not driving while impaired/aggressively or committing traffic violations.

The 2018 holiday enforcement period begins Friday, May 25 and concludes Monday, May 28. Two Sobriety checkpoints are planned in Knox County on May 25. The first scheduled Sobriety Checkpoint will be located on Highway 33 at Loyston Road and the second Sobriety Checkpoint will be located on Northshore Drive west of Concord Road. Additionally, a Seatbelt checkpoint is planned in Knox County on May 26, on Ogle Avenue at Martin Mill Pike. Sobriety Checkpoints are also planned throughout the holiday weekend in Anderson and Sevier Counties. For a list of all the planned checkpoints throughout East Tennessee in May, please click here.

The DUI defense lawyers at Oberman & Rice are always willing to help those who may be falsely accused, but we’d prefer that the readers of this blog not place themselves in a position to be suspected of driving under the influence of an intoxicant. Please review our website for more information or call us with questions at (865) 249-7200.

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