Under TCA 55-10-406 any person driving a motor vehicle in Tennessee is deemed to have given implied consent to a breath test, a blood test, or both to determine the person’s alcohol or drug content of their blood. A refusal to submit to one of these tests is a civil…
Time is of the Essence Aside from very limited exceptions enumerated within the post-conviction statute and discussed below, a person in custody under a sentence of a court of this state (Tennessee) must petition for post-conviction relief under this part within one (1) year of the date of the final…
Metro Nashville Police Chief Steve Anderson recently proposed a $50.1 million plan to purchase body cameras for all 1,440 of the city’s police officers and to install new dash cameras on 880 department vehicles. Although Mayor Barry has been a staunch supporter of body cameras, she raised concerns at the…
If you have been convicted of a crime and your appeal has been denied, the fight is not over. At trial and on appeal, you have the right to effective assistance of counsel in your case. A denial of the Sixth Amendment right to the effective assistance of counsel is…
Nashville is set to host its summer tradition of CMA Fest, which will welcome over one hundred and fifty thousand country music fans to the downtown area. With such a concentration of people to the downtown area, the Nashville Metropolitan Police will also be out in large numbers. As native…
Every year around this time our firm gets a flood of calls from people who receive criminal charges while on their way to or while leaving Bonnaroo. They have ranged from simple possession and paraphernalia to felony drug charges. Regardless, each call starts out the same, “I was pulled over…
With Summer right around the corner there’s no doubt many of you will be looking to hit the waterways. With that in mind, it may be a good time to remind everyone of the drinking and boating laws in Tennessee. Boating under the Influence is covered under Tenn. Code Ann.…
House Bill 0715 amended Tenn. Code Ann. 55-10-406 (f) Tennessee Blood Testing and Implied Consent Law to add additional ways the State of Tennessee can take your blood without your consent for the purpose of determining blood alcohol content. These new laws became effective January 1, 2012. http://www.capitol.tn.gov/Bills/107/Bill/HB0715.pdf. Originally, according…
Well, simply put, you can get charged and even convicted of driving under the influence (DUI) without having a drop of alcohol in your system. And even worse, you may not even realize that the prescription medication is causing the same type of side effects that police commonly confuse with…
I want you to think about your seatbelt for one minute. Clearly it could save your life, but it could also help you avoid a DUI. One thing I want everyone to be aware of are the police officers looking for people without their seatbelt after hours. Although it is…