Archive for category Frequently Asked Questions
Miranda Rights and Driving Under the Influence (DUI)
Posted by Sara Compher-Rice in Frequently Asked Questions, Legal Rights, Uncategorized on June 13th, 2011
On the anniversary of the Supreme Court’s landmark opinion Miranda v. Arizona, I thought it would be appropriate to address one of the most frequently asked questions that we encounter at Oberman & Rice: The officer did not read me my Miranda rights; what are the consequences of this omission? Unfortunately, all too often I have to explain to a client charged with a Tennessee DUI that the failure of the arresting officer to advise him of his Miranda rights will essentially have no impact on his case.
Why? Although popular culture has made Miranda a household word, movies and television shows do not fairly depict the complexity of when Miranda applies or the remedy available when Miranda is not explained to a criminal defendant. Generally, the prosecution cannot use statements made by a suspect during a custodial interrogation unless it first demonstrates the use of procedural safeguards to secure the privilege against self-incrimination (Miranda rights). At issue most often is the definition of “custodial interrogation.” You should consult an experienced attorney to determine whether the statements you made were pursuant to a custodial interrogation. If so, your lawyer may be able to keep the prosecution from using those statements against you in court (also known as suppression of evidence).
When Will Your Prior DUI Conviction Be Used Against You?
Posted by Sara Compher-Rice in DUI Fourth Offense, DUI Penalties, DUI Second Offense, DUI Third Offense, Frequently Asked Questions, Tennessee DUI Consequences, Tennessee DUI Laws, Tennessee DUI Penalties on March 20th, 2011
Understanding when and if a prior conviction for Driving Under the Influence can be used against you to increase the penalties of a second or subsequent DUI conviction can be complicated and confusing. In Tennessee, this determination has been further complicated by a recent change in the law (Tennessee Code Annotated § 55-10-403(a)(3)), which became effective July 1, 2010 and is discussed in more detail below.
To determine when a person is classified as a Tennessee DUI multiple offender, we first must answer the question: how far back does Tennessee look for prior convictions? This time period is also often referred to as the “look back” period. Typically, this “look back” period is 10 years, but depending upon the circumstances of the case, this period may be extended up to 20 years. Knoxville DUI attorneys Steve Oberman and Sara Compher-Rice are available to answer your questions about the Tennessee “look back” period and how it may affect your Tennessee DUI case.
The next question is how (or from what dates) is the “look back” period calculated? This calculation is impacted by the new Tennessee DUI law. When examining the initial 10-year period, the calculation should be made as follows:
Arrests prior to July 1, 2010: Compute 10 years from the date of conviction for the current offense to the date of conviction of the previous DUI offense.
Arrests on or after July 1, 2010: Compute 10 years from the date of the current offense (current arrest date) to the date of the previous offense (previous arrest date).
In other words, the calculation has changed from conviction date to conviction date to now being determined from DUI arrest date to DUI arrest date.
Should you have any additional questions about the offense of DUI in Tennessee or the associated penalties, please visit the Oberman & Rice websites at www.tndui.com and www.duiknoxville.com. Steve and Sara may also be reached by calling (865) 249-7200.
Knoxville, TN Ignition Interlock Device Coupon (Free Installation)
Posted by Sara Compher-Rice in Frequently Asked Questions, Ignition Interlock Device, Tennessee DUI Information on March 16th, 2011
As discussed in previous blog posts, New TN Ignition Interlock Device Laws–Part 1, New TN Ignition Interlock Device Laws–Part 2, and New TN Ignition Interlock Device Laws–Part 3, many Tennessee DUI offenders may be required by law to have an ignition interlock device installed their vehicle.
The Oberman and Rice Law Firm has discovered a fantastic coupon offering free installation and, in some instances, free first month’s lease for the Guardian Interlock device. Click here to obtain a copy of this coupon.
This offer is only valid at the following authorized Guardian Interlock distributor:
National Auto Parts, Inc. 4733 Clinton Highway Knoxville, TN 37912 (865) 687-6061Driver’s License Reinstatement Following DUI Conviction
Posted by Sara Compher-Rice in Frequently Asked Questions, Tennessee Driver's License, Tennessee DUI Consequences on March 15th, 2011
One consequence of Driving Under the Influence (DUI) and related convictions, such as Implied Consent Violation, is the loss of the person’s Tennessee driver’s license. Depending upon the facts of the case, the Tennessee driver’s license revocation can range from one year to more than ten years. Once the revocation period expires, the person is not allowed to simply start driving. Rather, specific steps must be taken to have one’s driver’s license properly reinstated with the Tennessee Department of Safety.
Failure to reinstate your Tennessee driver’s license could result in your arrest if you drive while unlicensed. In fact, a conviction for Driving on a Revoked, Suspended or Canceled Driver’s License could result in a mandatory jail sentence if your license had been revoked, suspended, or canceled as a result of a DUI conviction. Eligibility for driver’s license reinstatement is not a defense to this crime.
To find out when your Tennessee driver’s license is eligible for reinstatement and to how to accomplish this goal, you may click here for detailed information relating to reinstating your Tennessee driving privilege. To obtain this information, you should be prepared to provide your Tennessee driver’s license/ID number.
If you have any additional questions about Tennessee driver’s license consequences of a Driving Under the Influence (DUI) conviction, Steve Oberman and Sara Compher-Rice are available to speak with you and answer your questions. Steve and Sara can be reached by calling (865) 249-7200. You may also find additional information about the crime and consequences of DUI on our firm’s websites: www.tndui.com and www.duiknoxville.com.
Tennessee District Attorney General – Description of Duties
Posted by Steve Oberman in Court Procedures, Frequently Asked Questions on December 17th, 2010
The citizens of Tennessee often become upset at their District Attorney General for either prosecuting a case they don’t believe should be prosecuted or for not prosecuting a case they believe should be prosecuted. With that in mind, here is a quote from an opinion rendered by the Tennessee Supreme Court describing the duties of the District Attorney General (then called the Solicitor-General). I hope this enlightens the readers of this blog.
The District Attorney General
… “He is to judge between the people and the government; he is to be the safeguard of the one and the advocate for the rights of the other; he ought not to suffer the innocent to be oppressed or vexatiously harassed; any more than those who deserve prosecution to escape; he is to pursue guilt; he is to protect innocence; he is to judge the circumstances, and, according to their true complexion, to combine the public welfare and the safety of the citizens, preserving both, and not impairing either; he is to decline the use of both individual passions and individual malevolence, when he can not use them for the advantage of the public; he is to lay hold of them where public justice, in sound discretions, requires it.” …
Catherine Fout v. State of Tennessee, 4 Tenn. 98 (1816)
Are Reductions Routine in 1st Offense DUI Cases?
Posted by Sara Compher-Rice in DUI First Offense Penalties, Frequently Asked Questions, Hiring a Tennessee DUI Attorney, Tennessee DUI Penalties on April 13th, 2010
Most new clients we meet have the incorrect preconceived notion that as long as they have never been in trouble before (no convictions, no traffic tickets, etc.), the State will simply agree to reduce the pending DUI 1st Offense to something such as a Reckless Driving. In reality, a person’s prior criminal history, or lack thereof, is seldom relevant to the case unless the person is convicted and facing sentencing.
Over the past several decades, the trend in our society has been toward harsher penalties and more conservative laws for driving under the influence. A recent story in the ABA Journal highlights one reason that prosecutors are hesitant to be lenient on the punishment for DUI offenders. DUI prosecutors often state that they cannot reduce a DUI, even if just a first offense, because the defendant may then go out and repeat the behavior of driving while impaired, endangering the lives the community. This exact scenario, as reported by the ABA Journal, recently played out in Maryland. However, rather than striking and injuring a citizen at large, the defendant in question struck and injured a retired Maryland County Judge and his wife. The same Judge had previously shown leniency to the defendant, suspending his DUI sentence (meaning he did not have to serve any time in jail).
Accounts such as these provide prosecutors, state legislators and private organizations (such as MADD) with the ammunition needed to justify the “no tolerance” trend toward DUI offenders. Unfortunately, although each Driving Under the Influence case is quite unique and bears individual scrutiny to determine whether a reduction is appropriate, many jurisdictions are pushing for convictions in all cases under the assumption that the defendant will re-offend.
This trend only highlights the importance of selecting a qualified attorney to handle your DUI case. Never assume that you can handle the case yourself or hire the cheapest lawyer you can find because you are assured a reduced charge due to your clean record. Do your homework and hire the very best DUI defense attorney that you can afford. For more information on how to select a Tennessee DUI attorney, click here. For information about a Tennessee DUI charge, you may contact Steve Oberman or Sara Compher-Rice at (865) 249-7200.
DUI Charge Reduced to Reckless Driving
Posted by Steve Oberman in Court Procedures, Frequently Asked Questions, Hiring a Tennessee DUI Attorney, Tennessee DUI Consequences, Tennessee DUI Penalties on November 18th, 2009
We are often asked by clients charged with the offense of Driving Under the Influence of an Intoxicant (DUI, DWI, OWI) about cases where others have had a DUI offense amended to the offense of Reckless Driving by plea agreement. A plea agreement in theory means that the defendant pleads guilty or complies with some other requirements such as payment of a fine or court costs, performance of volunteer community work, etc., in return for an agreed upon disposition.
Most plea agreements are compromise dispositions to avoid the uncertainty and expense of a hearing and/or trial. Any plea agreement must be approved by the presiding judge to be certain the plea agreement is justified by the facts as applied to the law. If not, the judge may reject the plea agreement. Some of the factors reviewed by a prosecutor (in no particular order) include the:
- Facts of the case surrounding the arrest;
- Nature of the offense involved;
- Anticipated credibility of the prosecution witness(es);
- Anticipated credibility of the defense witness(es); and
- Skill level of the defense attorney.
Accordingly, where the facts justify an amendment from the offense of DUI to the offense of Reckless Driving, a plea agreement is reached between the parties to conclude the case in that fashion. Agreements may range from a set punishment on a plea by the defendant to the offense charged, to the prosecution dropping the case entirely.
Readers of this blog should understand that the only reason cases are amended is when the prosecution believes it has a reasonable chance of losing the case. Obviously, the more the prosecution believes it will lose the case, the better the plea agreement that will be offered to the defendant. The prosecution does not want to waste time or effort attempting to convict somebody when the chances of doing so are minimal. Plea agreements are not made on the basis of other factors such as relationships or friendships between the officers, lawyers or judges. Accordingly, a defendant should be wary of hiring a DUI attorney who makes such promises.
Health Care Professionals and Traffic Arrests
Posted by Steve Oberman in Frequently Asked Questions, Tennessee DUI Consequences, Tennessee Traffic Violations on November 17th, 2009
When a doctor or other health care professional is arrested for a traffic violation, she may need two attorneys. One attorney will defend the traffic violation. But health care professionals who are actually arrested may need a second attorney to advise them on whether or not to report the arrest, and to what agency the arrest should be reported. Doctors and certain other health professionals are required to report certain matters to the Tennessee Board of Medical Examiners (the Board).
If you are a physician, before you contact the Board of Medical Examiners, you should first contact a knowledgeable, experienced Tennessee criminal defense attorney who can advise you if it is necessary to retain an attorney who has substantial experience in representing doctors before the Board. Doctors should not contact the Board prior to talking with a qualified attorney, as the Board may later become adversarial.
The Board requires doctors to report any conviction to their physician profile, which is accessible to the public. However, whether or not physicians and other health care professionals are required to report arrests to the Board is less clear. One thing is certain: when health care providers renew their licenses, they must be truthful when answering questions on the renewal form. If you are a physician, you should be aware that when it comes to Tennessee traffic violations and criminal offenses such as Driving Under the Influence of an intoxicant (DUI, DWI, or OWI) or even Reckless Driving, there are certain rules with which you must comply with in order to maintain your professional license. If you are arrested for a traffic violation of any kind, consult with a Tennessee criminal defense attorney familiar with the requirements of the licensing Board.
Tennessee DUI Laws on “Let’s Talk Law with Steve Oberman & Sara Compher-Rice”
Posted by Steve Oberman in DUI Penalties, Frequently Asked Questions, Tennessee DUI Consequences, Tennessee DUI Information, Tennessee DUI News, Tennessee DUI Penalties on August 27th, 2009
Tune in to WNOX-FM 100.3 NewsTalk 100 this Sunday, August 30, 2009, when Steve and Sara will be discussing the topic of “Tennessee DUI Laws.” You can also listen live via the web by visiting http://www.wnoxnewstalk.com.
We encourage you to call during the show with your questions about the DUI laws in Tennessee by dialing (865) 656-TALK (8255) or (800) 951-TALK (8255). U.S. Cellular and AT&T Wireless customers can also place a free call by dialing *100. If you prefer, feel free to post your questions and/or comments here on our blog. We will review the blog before the show and attempt to answer your questions on the air.
Tips for Selecting and Working with a DUI Lawyer
Posted by Sara Compher-Rice in Frequently Asked Questions, Hiring a Tennessee DUI Attorney, Uncategorized on August 17th, 2009
Unfortunately most people charged with a Tennessee DUI offense do not realize that the selection of his or her lawyer can be life-altering decision. Many people charged with a DUI in Tennessee find themselves in the midst of the criminal justice system for the first time in their lives. The experience is often overwhelming and terrifying. The worst thing a person can do is hire an attorney at random to handle a driving under the influence case. Steve Oberman and I often advise potential clients to not rely solely on the biggest yellow page ad or a billboard advertisement. Your decision should be based upon careful research and reflection.
On the August 16th show of “Let’s Talk Law with Steve Oberman and Sara Compher-Rice,” we were fortunate to have two guests to discuss this issue and answer questions from our listeners on the topic of Selecting and Working with a Lawyer. Attorneys Tom Scott and Mark Britton, for providing our listeners invaluable information relating to selecting and working with a lawyer.
Tom Scott is currently serving as the Chair of the Tennessee Board of Professional Responsibility (BPR). Tom provided us with information on the role of the Tennessee BPR and explained how the BPR fields and processes complaints of clients against lawyers. We also learned that the general public can visit the BPR website to search for any disciplinary action taken against attorneys. For more information on the Tennessee Board of Professional Responsibility and the Board can assist you, visit http://www.tbpr.org/ or call 800-486-5714.
Mark Britton is the CEO and founder of Avvo. Avvo.com is a resource for consumers to use when researching potential attorneys. Unlike other lawyer rating services, Avvo provides both positive and negative feedback on attorneys. For instance, Avvo works with the Tennessee Board of Professional Responsibility to inform clients of any disciplinary action taken against a lawyer.
The decision of which attorney to hire is often one of the most crucial decisions a person will make in his or her life. Tom and Mark have provided an excellent starting point for the potentially life-altering lawyer search. Once you have completed your initial research, you should follow up by asking those you know and trust (friends, family, neighbors, other lawyers and professionals) for recommendations. Finally, take time to meet with the potential lawyer to assess his or her skill level, attentiveness and professionalism. You may also visit our website for examples of questions to ask during your interview.
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