Nashville Criminal Attorneys Explain: Reckless Driving in Tennessee

What is Reckless Driving in Tennessee? In Tennessee, you can be charged with reckless driving if you have driven a vehicle with a willful or wanton disregard for the safety of other people, or property. In addition, anyone who drives a motorcycle with the front wheel off the ground and in willful or wanton disregard for the safety of others can be charged and convicted of reckless driving. What is the Punishment for Reckless Driving in Tennessee? Reckless Driving in Tennessee is a Class B Misdemeanor, punishable by up to 6 months in jail and fines not to exceed $500. How fast do I … [Read more...]

NASHVILLE DUI ARRESTS INCREASE

Metro Nashville police recently released a statement indicating they have been provided additional funding through the Governor’s Highway Safety Office which has allowed them to use extra duty police officers to target individuals suspected of driving under the influence. The department reports that the extra duty police officers have arrested over 400 people this year charged with DUI in Nashville. The Metro Nashville DUI Unit has arrested 689 people charged with DUI. It is expected that the officers will continue targeting DUI arrests in high crime areas as well as areas known for DUI … [Read more...]

Nashville Criminal Attorneys Explain: Entrapment in Tennessee

Entrapment is now a valid defense in Tennessee, based on the premise that “public policy demands a purity of government and its processes which does not exist when law enforcement, in effect, manufactures the crime and the criminal as opposed to preventing the crime and apprehending the criminal.” (See State v. Jones, 598 S.W.2d at 216; State v. Shropshire, 874 S.W.2d at 638.) The defense of entrapment did not exist in Tennessee until the 1980 Tennessee Supreme Court Decision in State v. Jones.  In 1989 the Legislature set out the defense of Entrapment in Tenn. Code Ann. § 39-11-505 as … [Read more...]

Nashville Criminal Attorneys Explain: What is Drug Paraphernalia?

Its a common question for criminal attorneys from clients facing a possession of drug paraphernalia charge how officers can determine what is and what isn’t drug paraphernalia. A pipe is often used as an example which could legitimately be used to smoke tobacco just as well as marijuana or crack cocaine. Tennessee law provides some degree of discretion to the courts when determining whether a device is drug paraphernalia or lawfully possessed. Tennessee law instructs the court as to the evidence which it should consider when determining the answer. The following is considered: 1. … [Read more...]

Nashville Criminal Attorney Explains: Theft in Tennessee Now Includes Netflix Password Sharing

Governor Bill Haslam has signed into law legislation which broadens Tennessee’s criminal law to include the sharing of subscription based entertainment services, such as Netflix. The bill was pushed primarily to curb music piracy however is broad enough to include all subscription based entertainment services. Theft of Services in Tennessee is defined as follows: (1) Intentionally obtains services by any means to avoid payment for the services; (2) Having control over the disposition of services to others, knowingly diverts those services to the person's own benefit or to the benefit … [Read more...]

Nashville DUI Lawyers Explain the Constitutionality of DUI Checkpoints

Even to non-lawyers, DUI checkpoints appear to be a blatant violation of our 4th Amendment rights. It is a stop without probable cause, so why is it permitted? How is it not a violation of our constitutional rights? The reality is that it IS a violation of the 4th Amendment, but some violations are permitted under the appropriate circumstances. Here’s why… The facts surrounding the case that answered this question began in the mid 1980’s in Michigan. The State police set up a check-point. Citizens filed suit (Michigan v. Sitz) seeking an order precluding the state police from using DUI … [Read more...]

Nashville Criminal Lawyers Explain Self Defense in Tennessee: When can I use Deadly Force for Protection?

A fundamental tenant of responsible gun ownership is knowing under what circumstances the use of deadly force is permitted. This Nashville criminal lawyer blog article is intended to educate citizens in Tennessee of their rights generally as to self-defense however is not intended as legal advice (as every case is different). We will first discuss “When” and then, more importantly, “Where” you can use deadly force. When may I use Deadly Force?  (Deadly Force being defined by Tennessee law as “force intended or likely to cause death or serious bodily injury.”) The use of deadly force is … [Read more...]

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