If you’re anything like us, you’ve been watching the case about DUI testing fees move through the courts. In late August of this year, the Tennessee Supreme Court has issued its final ruling, and it appears these $250 testing fees are here to stay for people convicted of drunk driving. Why was the TBI charging and collecting fees for DUI testing? Back in 2008, the Tennessee Bureau of Investigation (TBI) was facing major budget cuts and [...]
Grandparents call us a lot of times asking if they can get custody of their grandchildren. And there's not a simple answer to this question; however, in the state of Tennessee, parents have what's called a superior parental right to parent their children above and beyond everyone else. So, you may not like the way that your children are raising their children, but that does not necessarily mean that you can get custody of your [...]
If you are charged with driving under the influence of alcohol or drugs, you need legal help – fast. Tennessee drivers should consult with an experienced DUI lawyer as soon as possible. There are often defenses. Many times, a fair plea agreement can be negotiated. A conviction for just one offense includes many direct costs and numerous hidden costs. The costs for subsequent convictions can be staggering. According to BACtrack.com, a DUI website, the high cost [...]
The Federal Motor Carrier Safety Administration (FMCSA) recently updated its information about its Under 21 Pilot Program. The FMCSA is part of the US Department of Transportation. The FMCSA established a pilot program several years in response to a federal law - Section 5404 of the Fixing America's Surface Transportation (FAST) Act. The aim of the pilot program is to examine whether younger drivers, 18 to 21, should be allowed to operate a commercial motor vehicle cross-country [...]
Product liability lawsuits are different than personal injury lawsuits based on negligence. The basic parts of a product liability claim are: A product was defective The user of the product died or became injured The defect is the cause of the wrongful death or injury The damages in both product liability lawsuits are similar. Injured victims can claim their lost wages, any and all medical expenses to recover, and damages for pain and suffering. Families can [...]
The Fifth Amendment to the U.S. Constitution provides many protections for defendants including the right not to “be compelled in any criminal case to be a witness against himself.” In the case of Miranda v. Arizona case, the United States Supreme Court added a further protection to this Fifth Amendment right. It ruled that any incriminating statements a suspect makes against his interests will not be admissible in court unless the suspect: Was told of his/her [...]
You can face devastating consequences after experiencing a spinal cord injury in Knoxville or anywhere throughout the State of Tennessee. These consequences can include long-term injury, the inability to work or engage in everyday activities, the inability to care for yourself or your family members, severe disability, and even paralysis. According to the National Spinal Cord Injury Statistical Center (NSCISC), car accidents are the number one cause of spinal cord injury (SCI) in the U.S. They [...]
The U.S. Supreme Court gave privacy rights advocates a significant victory on June 22, 2018. According to the 5-to-4 decision, in which Chief Justice John Roberts joined the Court’s four liberal Justices, the police are now required to obtain a warrant in order to obtain cell phone location information as part of an investigation. The majority asserts Fourth Amendment protection reasons The five Justices voting in the majority argued that a distinct expectation of privacy in [...]
Probation and parole sound like they should be alike, but they are really two different criminal law ideas. Both place a high value on good behavior. Both terms address what is to be done with a defendant who has been convicted of a crime. They even start with the same letter. The two terms, though, are used at different phases of the criminal law proceedings. There are different legal issues in both probation and parole proceedings [...]
WSMV reported that one of its viewers captured the aftermath of a motorcycle accident which happened in Nashville. The viewer witnessed a male driver and female passenger hit a pothole. The passenger flew off the motorcycle. Metro Police reported that her status has improved from critical to stable. Fortunately, her husband was not injured. The Tennessee Department of Transportation (TDOT) closed down the eastbound lanes so the pothole could be repaired. A TDOT representative stated that [...]
