Archive for June, 2018
Fourth of July Holiday and Fireworks
Posted by Arrin Zadeh in criminal offense, Criminal Record, Frequently Asked Questions, Legal Rights on June 28th, 2018
With the Fourth of July Holiday quickly approaching, it is important to take a step back from the lake adventures and cookouts to think of our great country and how many of our forefathers fought and persevered for our country’s Independence around 242 years ago. As with every Fourth of July Holiday, the city of Knoxville will have a celebration (rain or shine) that culminates with Fireworks (free to the public) starting around 4:00 p.m. and the Fireworks to be deployed around 9:45 p.m. Information regarding the celebration may be found here.
All of us love fireworks (except for maybe our four-legged family members). Please remember that the City of Knoxville prohibits the possession, transportation, storage, manufacture, sale, handling and discharge of fireworks without a permit from the Fire Marshall (See the Knoxville Tennessee City Code of Ordinances, Section 11-5 through 11-7). Furthermore, violation of this City Ordinance is a Misdemeanor with a fine of up to $500.00 and/or 30 days in jail for each separate offense (See the Knoxville Tennessee City Code of Ordinances, Section 1-9; General penalty- continuing violations). In other words, shooting (even simply handling) fireworks without a permit in the City of Knoxville can lead to criminal prosecution that may result in a criminal conviction on your criminal public record that may hinder your ability to obtain a job or your ability to receive a scholarship for college/higher education. Additionally, Knox County (outside the city limits of Knoxville) does not allow the shooting/possession of fireworks.
The criminal defense lawyers at Oberman & Rice are always willing to help those who have been arrest or cited for a criminal offense. Our lawyers are available 24/7 to answer questions regarding an arrest or citation for any criminal offense. Please review our website for more information or call us with questions at (865) 249-7200.
Restoration of Driving Privileges For HMVO Offenders
Posted by Sara Compher-Rice in Habitual Motor Vehicle Offender (HMVO), Tennessee HMVO on June 4th, 2018
Three years from the date of a final order declaring a person an Habitual Motor Vehicle Offender, the person may file at petition seeking restoration of his or her driving privileges. The petition may be filed with the court who entered the HMVO order or any criminal court in the person’s county of residence. Although the law indicates a mandatory minimum 3-year period for the driver’s license revocation of an HMVO offender, upon the expiration of the 3 years, the offender is not permitted to drive in Tennessee. The Habitual Motor Vehicle Offender must first obtain permission from a court and take the necessary steps thereafter to have his or her license reinstated by the Tennessee Department of Safety.
The court may, in its discretion, restore the person’s driving privilege and may also require. The court may also order terms and conditions relating to the issuance of the habitual offender’s driver’s license. The habitual offender is further required to meet all requirements of the Tennessee financial responsibility (insurance) law.
Although the law indicates a mandatory minimum 3-year period for the driver’s license revocation of an HMVO offender, upon the expiration of the 3 years, the offender is not permitted to drive in Tennessee. The Habitual Motor Vehicle Offender must first obtain permission from a court and take the necessary steps thereafter to have his or her license reinstated by the Tennessee Department of Safety. If the persons drives before completing the appropriate procedures, the HMVO offender may be subjected to criminal penalties.
If you have immediate questions about the Tennessee HMVO law, please feel free to the Oberman and Rice Law Firm at (865) 249-7200.
Tennessee HMVO Violation Penalties
Posted by Sara Compher-Rice in Habitual Motor Vehicle Offender (HMVO), Tennessee HMVO on June 1st, 2018
Once a person is declared an Habitual Motor Vehicle Offender, the penalties for driving are quite severe. The person is prohibited from driving in Tennessee while the HMVO judgment or order prohibiting driving is in effect. If found operating a motor vehicle, the HMVO offender commits a Class E felony. No traffic or criminal violation is required for an HMVO violation–the only requirement is that the person be found to be operating a motor vehicle in Tennessee.
If convicted of the felony offense of Habitual Motor Vehicle Offender, the person may be sentenced to serve one to six years imprisonment and be subjected to a fine not exceeding $3,000.00.
If you have any questions about the Tennessee HMVO law or other Tennessee criminal offenses, please contact the Oberman and Rice Law Firm at (865) 249-7200.
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