Posts Tagged Knoxville
What if a person accidentally misses a court date for a Tennessee DUI?
Posted by Nate Evans in Court Procedures, DUI Penalties, Frequently Asked Questions, Hiring a Tennessee DUI Attorney, Tennessee DUI Information, Tennessee DUI Laws on February 22nd, 2012
Court dates should always be a defendant’s highest priority, aside from urgent family emergencies. If a person expects to miss a court date or has missed a court date in the past, he should contact his attorney as soon as possible.
When a person misses a court date, the court may issue a warrant for that person’s arrest or may charge that person with “Failure to Appear” in court, a separate, Class A Misdemeanor. The effect of a missed court date will vary in each case depending on the presiding judge, the facts of the case, the amount of advance notice provided to the court, and the practices of the local county.
If a good reason exists as to why a person will miss a court date, a judge may show leniency. In this type of situation, an experienced Tennessee Criminal Defense lawyer will work to avoid an arrest or incarceration for his or her client. If you missed your court date and do not have a Tennessee Criminal Defense lawyer working for you, contact one immediately.
If you have questions about your Tennessee DUI or other criminal charge, our lawyers are available to assist you. Sara, Steve, or Nate will be happy to speak with you at (865) 249-7200. You may also review our websites at www.tndui.com, www.duiknoxville.com and www.tncriminaldefense.com.
West Knoxville Driver Service Center Changing
Posted by Sara Compher-Rice in Tennessee Driver's License on December 30th, 2011
The Tennessee Department of Safety Driver Service Center in West Knoxville, located at 430 Montbrook Lane, is no longer a full service driver service center. Beginning January 3, 2012, this location will only offer Tennessee Driver’s License Reinstatement services. This applies to those reinstating their license as a result of a Tennessee Driving Under the Influence (DUI) Conviction or Violation of the Tennessee Implied Consent Law (Chemical Test Refusal).
The center will also continue to offer photo ID’s for voting purposes. However, those who wish to obtain a copy of a driving record, or even have their driver’s license renewed, must do so at another location.
West Knox Driver License Reinstatement Station430 Montbrook Lane
Knoxville TN 37919 (865) 690-6393
Fax: (865) 690-6530 Services: Driver License Reinstatement, Photo ID’s for voting purposes
As a result of this change, Knoxville will now have only one full service location:
Strawberry Plains Driver Testing Station 7320 Region LaneKnoxville, TN 37914 (865) 594-6399
Fax: (865) 594-6429 Services: Full Driver License Service station, CDL (Commercial Driver License) Skills Test, Original Handgun Permit, Driving Records (MVR), Driver License Reinstatement (Walk-In Only)
Additional information about the Tennessee Department of Safety and testing center locations may be found in our previous blog post, “Tennessee Driver’s License Information.”
We again hope the above information will help you as you navigate the waters of the Tennessee Department of Safety. If, however, you still have questions, Sara, Steve, or Nate will be happy to speak with you at (865) 249-7200. You may also review our websites at www.tndui.com and www.duiknoxville.com.
New TN Ignition Interlock Device Laws–Part 3
Posted by Sara Compher-Rice in Ignition Interlock Device, Tennessee DUI Laws on January 29th, 2011
Part 3: Discretionary Tennessee Ignition Interlock Device
In addition to the mandatory ignition interlock device (IID) requirements for certain DUI 1st Offense convictions as well as offenders with prior DUI convictions, Tennessee judges have the discretion to order the installation of an IID as a condition for any Tennessee DUI conviction. Interestingly, if a judge orders the installation of an ignition interlock device at his or her own discretion, as opposed a situation where the IID is specifically required by Tennessee law, the defendant may be required to have the device installed for a longer period of time. For instance, when mandated by Tennessee law for a DUI 1st offense conviction, as discussed in Part 1 of this series, the IID may only be ordered for the length of the Tennessee driver’s license revocation. However, when ordered purely at the discretion of the judge, the ignition interlock device may be ordered to remain on the defendant’s vehicle for any period of time up to 1 year after the expiration of the Tennessee driver’s license revocation period.
Any Tennessee defendant who is eligible for a DUI-related restricted Tennessee driver’s license may also request an ignition interlock device. If a defendant requests an IID, at his or her own expense, the person would be able to drive without geographic restrictions (i.e. to and from work, school, place of worship, etc.) during the driver’s license revocation period. In this circumstance, a judge may not extend the required period of the ignition interlock device beyond the Tennessee driver’s license revocation period. If required by Tennessee law to have an IID installed, a defendant is eligible to have the costs paid from the Interlock Assistance Fund. However, it is important to note that Tennessee law does not allow for monetary assistance for indigent defendants who are not ordered to install an IID, but opt for such installation of their own accord.
If you have any additional questions or concerns about the new Tennessee DUI laws, please feel free to contact Steve or Sara at The Oberman & Rice law firm by calling (865) 249-7200.
New TN Ignition Interlock Device Laws — Part 2
Posted by Sara Compher-Rice in Ignition Interlock Device, Tennessee DUI Laws on January 26th, 2011
Part 2: Mandatory Tennessee Ignition Interlock Device Requirement For Offenders With Prior DUI Convictions
A person convicted of Tennessee DUI, who also has a prior DUI conviction in the past 5 years will also be required to install an ignition interlock device. In this instance, the ignition interlock device must be installed on the person’s vehicle during the period of license revocation and for an additional 6 months after the expiration of the revocation period.
A person convicted of a Tennessee DUI 2nd Offense will also be required to install an ignition interlock device during the second year of the 2-year suspension (the person is not eligible to drive at all during the first year). If the person’s prior DUI conviction was within 5 years of the current offense, the person will also be required to maintain the ignition interlock device on his vehicle for a period of 6 months after the expiration of the Tennessee driver’s license revocation period.
Part 3 of the blog series examining the Tennessee Ignition Interlock Device requirements for Tennessee DUI offenders will focus on when the requirement can be ordered at the court’s discretion. Should you have any questions about how the new Tennessee DUI laws may apply to your case, please feel free to contact Knoxville, TN DUI lawyers Steve Oberman and Sara Compher-Rice at (865) 249-7200.
New TN Ignition Interlock Device Laws–Part 1
Posted by Sara Compher-Rice in Ignition Interlock Device, Tennessee DUI Laws on January 24th, 2011
Over the next several weeks, Tennessee DUI Center will be highlighting information about the new laws applicable to Tennessee DUI offenses. The first of the new Tennessee DUI laws involves the use of Ignition Interlock Devices (commonly referred to as IIDs).
Part 1: Mandatory Tennessee Ignition Interlock Device Requirement For DUI 1st Offense Conviction
As of January 1, 2011, many Tennessee DUI offenders, if convicted of driving under the influence, 1st Offense, may face a mandatory order for the installation of an IID if at the time of the offense:
- The person’s blood or breath alcohol concentration was .15% or greater;
- The person was accompanied by a person under 18 years of age;
- The person was involved in a traffic accident requiring notification and the accident was a proximate result of intoxication; OR
- The person violated the implied consent law (refused to submit to a blood, breath, or urine test to determine blood alcohol content) and the person has a conviction or juvenile delinquency adjudication for one of the following within the past 5 years:
- Implied Consent Violation;
- Underage Driving While Impaired (DWI);
- Open Container; OR
- Reckless Driving if the original charge was for Driving Under the Influence (DUI)
Future blog entries will address Tennessee Ignition Interlock Device requirements for Tennessee DUI offenders with prior DUI convictions and will answer many frequently asked questions relating to this new law. In the meantime, if you have any questions about how the new Tennessee DUI laws may apply to your case, please feel free to contact Knoxville, TN DUI lawyers Steve Oberman and Sara Compher-Rice at (865) 249-7200.
DUI Consequences for College Students
Posted by AWinston in DUI Penalties, Hiring a Tennessee DUI Attorney on October 1st, 2010
After earning an undergraduate degree and completing coursework for a master’s degree in social work, Suzanne Glen learned a final lesson that would invalidate many of her previous ones. After being charged with a DUI in Alabama, the University of Tennessee indefinitely suspended Suzanne in November 2009. She continued her master’s coursework through the Spring of 2010 while appealing her punishment. Even though she was only convicted for Reckless Driving and not DUI, Suzanne’s appeal failed, and she is now unable to receive her degree, her transcripts, or any of the $13,000 she spent on Spring courses.
However startling, Suzanne’s is not an uncommon case. There are many thousands of college students who drink and drive. In a National Highway Traffic Safety Administration (NHTSA) survey, 44% of college students reported binge drinking at least once in the two weeks prior to being surveyed. 19% reported frequent binge drinking, and more than half of those admitted to drinking and driving in the 30 days prior to being surveyed. Little do they know that their irresponsible social behavior, regardless of academic standing, could prohibit them from earning a degree. In a similar NHTSA survey, an alarming number of high school students also admitted to drinking and driving, which, if caught, could prevent them from being accepted to college.
In addition to showing just how life-altering a DUI charge can be, Suzanne’s case highlights the importance of hiring an attorney who specializes in DUI Defense—something Suzanne did not do. Attorneys that specialize in DUI Defense will be familiar with how a DUI will affect school and job applications, student statuses, various degrees, professional licenses, and other certifications. Such attorneys will be more apt to follow the course of action best-suited to each client’s unique interests. A list of attorneys who are certified as specialists in Tennessee may be found at http://www.cletn.com/Specialists.aspx.
Sources:
Sentencing and Dispositions of Youth DUI and Other Alcohol Offenses: A Guide for Judges and Prosecutors. NHTSA. http://www.nhtsa.gov/people/injury/alcohol/youthdui/index.html
“UT rejects woman’s appeal of suspension, withholds degree”. The Knoxville News-Sentinel. 9-23-10. http://www.knoxnews.com/news/2010/sep/23/UT-rejects-woman-appeal-suspension-degree/
Taking a Chemical Test May Cost You $250
Posted by Sara Compher-Rice in Chemical Tests, Tennessee DUI Consequences on June 18th, 2010
Tennessee law currently mandates a $100.00 fee be assessed to any person who submits to a breath, blood or urine test upon conviction of Driving Under the Influence (DUI), Vehicular Assault by Intoxication, Vehicular Homicide, or Aggravated Vehicular Homicide. As of July 1, 2010, the Tennessee Legislature has increased this fee, also known as the “blood alcohol or drug concentration fee” to $250.00. Public Chapter No. 1020 can be reviewed by clicking here.
If a person submits to a blood, breath, or urine test and registers above .08% (the legal limit for Driving Under the Influence in Tennessee), not only could this test result help to convict the person of Driving Under the Influence or one of the more serious offenses noted above, but the submission may ultimately cost the same person an extra $250.00 in addition to mandatory fines and other court costs.
These increased out of pocket costs related to a Tennessee Driving Under the Influence (DUI) conviction, make it even more imperative that anyone charged with the offense of DUI in Tennessee contact a lawyer who regularly handles DUI cases and is familiar with the issues related to chemical testing. If you have been charged with a DUI in Knoxville, Tennessee or elsewhere in the state of Tennessee, feel free to contact our office for more information by calling (865) 249-7200 or visit our website, www.tndui.com.
