When parties have divorced and they have minor children, those children are allowed to be claimed for tax purposes as exemptions. A big question that I get a lot of times is, “Who gets to claim the children?” That depends on a lot of things in some situations. However, the laws in the state of Tennessee are very clear and it says that the parent receiving child support is the parent entitled to deductions. But, [...]
Tennessee laws are strict when it comes to punishing drunk drivers. Sentencing for DUIs in the state can include months or years in jail, hefty fines, court costs, and restrictions or complete loss of driving privileges. An additional and recent addition to these penalties is the requirement for the one convicted of DUI to install an ignition interlock device (IID) on his or her vehicle in order to be given a restricted driver’s license. Operation of [...]
A lot of times claims arise because drivers of large trucks are tired. They've been on the road too long. How do you know if they're tired? How do you know if they've been overworked or exceeded the hours that are permitted? We have abilities to access their electronic logs, and/or in the event that they actually have handwritten logs, those are also required to be maintained by the trucking company and by the driver. [...]
Mediation is a process in the state of Tennessee for different types of cases, but when you're going through a divorce, mediation is required in the state of Tennessee unless you and your spouse can resolve your case prior to that process. Mediation is also required before you are allowed to try any issues in your divorce case in the state of Tennessee. Mediation is a process where you and your attorney, along with your [...]
According to the National Highway Traffic Safety Administration (NHTSA) almost 30 people in the U.S. are killed in drunk driving crashes each day. The state of Tennessee takes the threat imposed by drunk driving very seriously. If you are pulled over on the suspicion of driving under the influence, the attending police officer may ask you to step out of your vehicle and comply with a series of field sobriety tests (FSTs). These tests are standardized [...]
If you drive while you are drunk and/or high on illegal and/or prescription drugs, you face a wide variety of consequences. This wide variety of consequences includes field sobriety tests. Field sobriety tests (FSTs) usually consist of three specific tests (though there are others that are less commonly used): the Horizontal Gaze Nystagmus (HGN) test, the Walk and Turn (WAT) test, and the One Leg Stand (OLS) test. Police officers administer these tests at traffic stops [...]
If you're convicted, how does the court decide what your sentence is? There are a lot of factors that come into play, but basically, felonies are graded on a letter system: A being the most serious, E being the least serious. Misdemeanors, likewise, from A being the most serious, to C being the least serious. The court will normally request a pre-sentence report – that is unless the charge requires a mandatory prison term, or [...]
Do you need to see a doctor if you don't feel any pain after a crash? Sometimes the answer is yes. If you're involved in a serious accident with a serious impact, then you probably want to go and get checked out, even if you don't feel any pain immediately after a crash. If you don't feel any pain immediately, that doesn't mean you're not going to feel pain at some time in the future. [...]
CityView Magazine’s recent issue is titled “Fearless Advocates,” and it honors the Top Attorneys in the Knoxville area. However, only one attorney could be on the cover, so why not choose the most fearless advocate there is? If you want to show people what “fearless” means, you need a lawyer who relishes the quest for justice. You need a lawyer who take cases to trial because that’s what’s best for the client. You need a lawyer [...]
When you are facing a sudden medical issue, your first inclination may be to call 911 or jump in the car and head straight to the hospital emergency room. However, often an urgent care center is the more feasible and economically viable choice. It is important to know the difference between each of these facilities and the best one to visit whenever you or a loved one requires immediate medical care. Urgent care center capabilities Many [...]
When people are starting the divorce process, or maybe the divorce process has been pending for a short period of time, the number one question a lot of times I get is, "Can I move out? Because I don't want to live with my current spouse any longer." A lot of people are concerned that that gives the other spouse a grounds for divorce, or that’s somehow held against them in the divorce process. I [...]
The requirement to register as a sex offender is an ignominious consequence of receiving a conviction on a sex offense in Tennessee. In the eyes of the public, it labels you as an individual not to be trusted, and particularly avoided in many cases. It also inhibits you from obtaining employment and living in certain areas. In addition, as a registered sex offender, your Tennessee driver’s license will also indicate such. The State of Tennessee has [...]
If you’re hit by an uninsured or underinsured driver, you may need to rely on your own policy for help. Today, T. Scott Jones answers some common questions about uninsured motorist coverage. Do I Need to Have Uninsured Motorist Coverage? Why you need to have uninsured motorist coverage. Uninsured motorist coverage is like any other insurance coverage: it's there to protect you, particularly in the event that you're involved in an accident with injuries or [...]
The state of Tennessee was recently branded with an unfortunate mark. Among all 50 states and the District of Columbia, it is the worst state for distracted driving deaths involving cell phone use. The study, released by Value Penguin, looked at the statistics on deaths in the state connected to cell phone use and driving from 2015 to 2017. Tennessee fared miserably when compared to all other states. During this time period, more than 1,400 deaths [...]
Oftentimes people will ask me if their children have to go visit with the other parent if they do not want to go, and what I normally tell people is if you have court order setting forth co-parenting time with each parent and your children do not want to visit with the other parent, most judges will tell you that the children do not get to make that decision. I also tell people if you [...]
How you should behave in court is now something that we are regularly having to tell our clients. Those cellular devices that you have with you? Any type of mobile electronics need to be turned off. You don't need to be texting in court and you need to be paying attention to the proceedings. You don't want to be a distraction in any way, shape, manner or form – and just as a matter of [...]
When serious accidents happen, drivers have a duty to contact the police. A serious accident usually means that a driver, passenger, pedestrian, or bicyclist was injured. If a car isn’t drivable after a crash, that also suggests the accident was serious. A question that often arises after an accident is, What must drivers do if the car accident doesn’t cause any injuries or massive property damage? And where does Tennessee draw the line between minor accidents [...]
Are waivers of liability effective in Tennessee? Many times when involved in any sort of recreational activity, be it going to the trampoline park or going swimming, you'll be faced with a decision to sign a waiver of liability. Many people will sign those documents without much thought. However, you have to be aware of what you're giving up. Many times you're giving up the right to sue that particular company relative to any act of [...]
Generally, Knoxville homeowners who have a dog are liable if the animal bites or attacks someone, but the laws say you have to keep your pets “under reasonable control.” We don’t have a one-bite rule here, so the dog doesn’t have to haver a record of bad behavior. Now, if someone breaks onto your property and the dog bites him, it could be different story – but by and large, you’re responsible for your dog’s actions. [...]
A lot of days I get people who call and they're frustrated, because they feel like they're paying too much child support – and the first thing they want to do is just not pay the support. That is the worst thing that you can do at that time, because if you do that, you could be subjecting yourself to contempt of court, and that can be monetary fines, you may be having to pay [...]
It’s virtually automatic that lawyers in both criminal and civil cases will seek to examine your social media posts. Attorneys will ask to review your Facebook posts, your Twitter feeds, and any text that you’ve posted. It’s why many lawyers advise their clients to stay off social media as soon as their case begin. Clients should always be cautious, even if a case isn’t active, about what they say on social media. Online posting now includes [...]
An interesting question is whether or not you can recover for an injury when you're involved in a hit and run accident. There are a couple of factors that come into play and need to be considered. One is, whether or not there was an impact with your vehicle. If there was an actual physical impact, then yes, you can recover. In the event there wasn't an impact – say someone cut you off and [...]
According to a Florida Atlantic University and University of Miami study, motorcycle accidents and deaths across the nation have decreased as states have implemented various types of distracted driving laws. These laws prohibit the motorists’ use of cell phones and other handheld devices while driving. The law and motorcyclists Motorcyclists are involved in a significantly higher rate of traffic fatalities when compared to the number of motorcycles among all vehicles and miles driven in the United [...]
Can you have a personal injury claim and a workers’ compensation claim at the same time? Fortunately, the answer can be yes. In workers’ compensation claims in the state of Tennessee, unfortunately your benefits can be very limited, so it's always important to look for a third party to recover against. The bad news is, if you're injured by your employer due to your employer's negligence or by a co-employee, you're not going to be [...]
On February 20, 2019, the Supreme Court of the United States voted unanimously “that the Constitution’s prohibition on excessive fines applies to state and local governments, limiting their abilities to impose fines and seize property.” In her decision, Justice Ginsberg wrote “For good reason, the protection against excessive fines has been a constant shield throughout Anglo-American history: Exorbitant tolls undermine other constitutional liberties. Excessive fines can be used, for example, to retaliate against or chill the speech [...]
