Posts Tagged TN DUI lawyer
Choosing the right Tennessee DUI lawyer is a critical decision that must be taken seriously. A Driving Under the Influence charge is often the first interaction many people have with the criminal justice system, which naturally leads to stress and uncertainty about the criminal process and possible repercussions. Many people often receive a flood of mail following a DUI arrest from attorneys, but it makes sense to carefully consider all options.
If you hire a lawyer and become dissatisfied with your choice, while your case is pending or even after a DUI conviction, it may be difficult to retain a different DUI attorney. For instance, because it is so important to begin investigating a DUI quickly, our office is often reluctant to to take a case after another lawyer has been retained and precious time to investigate has been lost. Therefore, the first decision should be made after considering the following:
- What is the focus of the attorney’s practice? Are they, and for how long have they been primarily devoted to DUI defense?
- Has the lawyer had any complaints filed against him or her?
- What books and articles has the attorney published?
- Did the DUI attorney graduate from an ABA accredited law school?
- Has the Tennessee Commission on CLE & Specialization and the National College for DUI Defense certified the attorney as a DUI Defense Specialist?
- What reviews has the attorney received from lawyer review agencies like Avvo?
- Has the lawyer achieved Martindale-Hubbell’s™ prestigious “AV” (very high to preeminent) rating?
- When and how often has the attorney lectured to his or her peers about DUI Defense?
We encourage prospective clients to devote the appropriate time, usually 2 hours, to properly investigate and speak with an attorney about their case. In our office, Steve and Sara are available every day of the year to discuss pending DUI charges. Please contact us at 865-249-7200 with any questions.
The Tennessee Highway Patrol (THP) continues its drunk driving enforcement with the use of sobriety checkpoints in the Knoxville. THP is scheduled to conduct a DUI Roadblock tonight, February 1, 2013 on Concord Road at Northshore Drive (State Route 332). Although specific times have not been released, the Tennessee Highway Patrol Media Release indicates that it will be conducted “Late Night.” The Knox County DUI Checkpoint is one among many in East Tennessee as part of the campaign, “Fans Don’t Let Fans Drive Drunk This Super Bowl Sunday.”
According to Tennessee Highway Patrol Colonel Tracy Trott, this will be the first THP “No Refusal” DUI enforcement on Super Bowl weekend. One purpose of Tennessee DUI Checkpoints is to deter motorists from driving while impaired by alcohol or drugs. We encourage you to arrange for a designated driver this weekend. AAA of East Tennessee is also offering their safe ride program for Super Bowl Sunday. AAA will tow your car within a 10 mile radius and provide you a safe ride home. To take advantage of this service, a AAA membership is not needed.
Anyone arrested for DUI (driving under the influence), or another related charge, should immediately contact a Tennessee DUI Attorney familiar with Tennessee DUI laws. For more information about the crime of DUI or about your legal rights with respect to a Tennessee Highway Patrol checkpoint, Steve and Sara are available by calling 865-249-7200. You may also wish to visit www.tndui.com for more information about the offense of driving under the influence in Tennessee.
Many people are unaware of the many collateral consequences of a DUI conviction. One generally understood consequence of a conviction for Driving Under the Influence, First Offense, in Tennessee is the loss of a driver license for one year. Even though a restricted driver license may be obtained for many people convicted of a DUI, First Offense, a restricted driver license will typically not suffice to rent a motor vehicle. Most, if not all, national rental agencies require a renter to provide a valid driver license. Therefore, the possibility of renting a car will not be an option for at least a year after a conviction for Driving Under the Influence in Tennessee.
Even after the Tennessee driver license reinstatement of someone convicted of DUI, the ability to rent a car may be limited due to insurance concerns. Individual rental companies may respond differently to a prior DUI conviction. Therefore, the best course of action would be to contact a sales representative before a rental car is reserved online and relied upon for transportation. Higher rates, travel restrictions, and special insurance may be required to rent a vehicle, so it makes sense to shop around and compare policies and rates.
Please click here for additional information about the collateral consequences (other consequences) of a DUI conviction. An experienced Tennessee Defense Lawyer should be consulted about all of the possible consequences of a Driving Under the Influence conviction. Steve and Sara are available to answer questions about the consequences of a Tennessee DUI and may be reached by calling 865-249-7200.
The Tennessee Highway Patrol is planning sobriety checkpoints in Knox County, Tennessee. These checkpoints are also frequently referred to as DUI roadblocks or DWI roadblocks. Prior to administering such a DUI roadblock, the police (THP in this case) are legally required to advise the public of the location and times of the roadblock/sobriety checkpoint.
The lawyers at Oberman & Rice would like to repeat the information publicized by the Knoxville News-Sentinel in reference to the location and times of the roadblocks. They are: Friday, November 9, 2012 starting at 11:00 PM on Maryville Pike at Mt. Olive Baptist Church South; and Friday, December 7, 2012 starting at 11 p.m. on Oak Ridge Highway at Pellissippi Parkway.
Please be on the lookout for and drive cautiously near these DUI roadblocks. There will likely be a lot of law enforcement personnel in the area.
Anyone detained and then arrested at a Tennessee Sobriety Checkpoint or Driver’s License Roadside Safety Checkpoint should immediately contact a Tennessee attorney familiar with DUI Roadblocks or Driver’s License Checkpoints. For more information about the crime of DUI or about your legal rights relating to a Tennessee Highway Patrol roadblock, Steve and Sara are available by calling (865) 249-7200.
Law enforcement officers investigating a potential crime make important decisions about who to arrest. At the scene of a suspected DUI an officer may decide to arrest and charge both the driver and passenger of a vehicle with the offense of Driving Under the Influence. Depending on the circumstances, an officer may choose to only arrest the driver of the vehicle if the officer suspects DUI.
The state prosecutor, however, is not required to follow the officer’s decisions. After an arrest is made, a prosecutor may learn of additional facts, like the ownership of the vehicle involved in the crime. In response to this knowledge, a prosecutor may issue additional arrest warrants for uncharged defendants or increase the severity of the charges.
In most DUI cases, the prosecutor has one year from the date of the offense to bring charges – the statute of limitations for Tennessee misdemeanor offenses. For more serious DUI-related offenses involving multiple offenses, bodily injury, or death, the prosecutor may take up to 15 years to bring charges.
The criminal defense attorneys at Oberman & Rice are able to provide advice and counsel both before and after arrest. Should you have any questions about a Tennessee DUI issue, you may contact Steve and Sara by calling (865) 249-7200. Our Tennessee DUI website, provides additional information about the crime of DUI and its associated penalties.
[Source: Tenn. Code Ann. § 40-2-101 & § 40-2-102]
Posted by Nate Evans in Court Procedures, DUI Fourth Offense, DUI Penalties, DUI Second Offense, DUI Third Offense, Forfeiture, Hiring a Tennessee DUI Attorney, Tennessee DUI Consequences, Tennessee DUI Information, Tennessee DUI Laws, Tennessee DUI Penalties, Tennessee Traffic Violations on October 13th, 2012
The Tennessee Department of Safety, through law enforcement officers, may seize the vehicle of anyone suspected of multiple DUIs. A vehicle may also be seized from anyone found to be driving on a revoked, cancelled, or suspended license if the reason for the revoked, cancelled, or suspended license was a DUI conviction. In other words, a person convicted of a DUI risks vehicle seizure if he or she is found to be driving without a valid license or is suspected of DUI, regardless of whether there is a conviction.
When a citizen’s property is seized, the government, which is typically be represented by the Tennessee Department of Safety in cases involving vehicle and asset forfeiture, must follow the rules. Multiple state laws, court cases, and administrative rules govern the forfeiture process. Furthermore, constitutional protections against unreasonable searches and seizures and against excessive fines may apply to forfeiture proceedings just as they do criminal proceedings.
The Department of Safety rules and regulations are complicated and often intimidating. Nevertheless, failure to take action within strict time limits may result in the loss of property rights. If you or someone you know has had property seized by law enforcement, it is important to contact a Tennessee criminal attorney immediately. You may contact Steve and Sara by calling (865) 249-7200. You may also wish to review our website for additional information about forfeitures.
[Source: T.C.A. Section 55-10-401 et seq., Williams v. State Dept. of Safety, 854 S.W.2d 102 (Tenn. Ct. App. 1993), Stuart v. State Dept. of Safety, 963 S.W.2d 28 (Tenn. 1998)]
A First Offense DUI in Tennessee is always a Misdemeanor (sentence of less than 1 year in jail) if no accidents, injuries, or deaths result from the offense. However, all DUI convictions require defendants to serve at least 48 hours in jail, which is a harsher punishment than a defendant would receive for most other Misdemeanors.
Even though Second and Third Offense DUIs are charged as misdemeanors, the mandatory minimum sentences are 45 and 120 days respectively for Second and Third Offenses. A Fourth or subsequent DUI Offense is a Felony Offense (sentence of 1 year or more in jail) and, upon conviction, requires that a defendant serve 150 days in jail. These mandatory jail sentences are significantly harsher than mandatory minimum sentences for nearly every other Misdemeanor Offense.
Jail time is one of many penalties that are unique to DUI. Please visit TNDUI.COM for more details about the penalties for DUI offenses in Tennessee. A Tennessee DUI attorney can help you avoid the harshest punishment. Please contact Knoxville DUI attorneys Steve and Sara at (865) 249-7200 if you have any DUI-related questions.
[Source: T.C.A. 55-10-403]
Yes. In Tennessee, it is possible to be convicted of a DUI while sitting in a parked vehicle with or without the engine running. According to Tennessee DUI law, a state prosecutor need only prove that an impaired person was “in physical control” of an “automobile or motor driven vehicle” in order to obtain a conviction. Court decisions in Tennessee have confirmed that a person, in a parked car, with the keys in the ignition, may be convicted of a DUI.
However, the DUI law in Tennessee does not assure that the state prosecutor will succeed in such a case. A person is not ‘automatically’ guilty when found in a vehicle with the keys in the ignition. A Tennessee DUI attorney should investigate the location of arrest, actions of law enforcement, and any proof of impairment in order to find additional weaknesses in the prosecutor’s case.
Regardless of a defendant’s location and circumstances, everyone accused of a DUI should consult with a DUI attorney as soon as possible. If you have questions about the facts of a case, Steve and Sara are ready to help you. You may reach all of our attorneys by calling (865) 249-7200.
[Source: T.C.A. 55-10-401]
The Tennessee Highway Patrol has announced plans to conduct at least six checkpoints over the next two months, from March 9 through April 20, 2012. The planned checkpoints are not always labeled Sobriety Checkpoints or DUI Roadblocks. Some checkpoints are referred to as Driver’s License Roadside Safety Checkpoints.
It is important for Tennessee motorist to understand that even if a checkpoint is designed to verify driver’s licenses, the Troopers conducting the stops are trained to detect and investigate those drivers they suspect of Driving Under the Influence (DUI). For instance, the THP participates in the Governor’s Highway Safety Office campaign–Booze It & Lose It!
The announced locations for checkpoints, as reported in the Knoxville News Sentinel, are:
Friday, March 9 – Schaad Road – West of Pleasant Ridge Road
Friday, March 23 – Oak Ridge Highway (Route 62) – East of Pellissippi Parkway (Route 162)
Friday, April 6 – Maynardville Highway (Route 33) – At Loyston Road
Friday, April 13 - Schaad Road – West of Pleasant Ridge Road
Friday, April 20 – Schaad Road – West of Pleasant Ridge Road
Anyone detained and then arrested at a Sobriety Checkpoint or Driver’s License Roadside Safety Checkpoint should immediately contact a Tennessee attorney familiar with DUI Roadblocks or Driver’s License Checkpoints. For more information about the crime of DUI or about your legal rights relating to a Tennessee Highway Patrol roadblock, Sara, Steve, or Nate are available by calling (865) 249-7200.