In Tennessee, it is a Class A misdemeanor for an athlete, referee, coach or other ‘sports participant’ to bribe or to accept a bribe in exchange for the participant to not give their best efforts in a sports contest. The Tennessee law of ‘Sports Bribery” applies to all levels of athletics and is punishable by up to 11 months, 29 days in jail. Although there are no reported cases of Sports Bribery being prosecuted in Tennessee, recently eight people were charged with sports bribery in California where they also operated a sports betting business. They plead not-guilty on August 13, … [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 … [Read more...]
Nashville Criminal Lawyers Explain: The ONLY way to BEAT a DUI in Tennessee

Often, I’ll see other DUI attorneys offer advice as to how to ‘beat a DUI’. If you look closely at the suggestions, they aren’t actually offering advice on beating a DUI. They are 1.) Offering standard tips which are common sense if you’ve been drinking (or arrested), or they 2.) Consist of reasons DUI charges are often reduced or dismissed. The latter consist of things entirely out of your control, such as whether the officer followed proper procedures in administering sobriety tests and breathalyzer. It is typically good advice, but don’t buy into the thought that there is any … [Read more...]
Nashville DUI Lawyer’s Random Fact

The ‘breathalyzer’ is actually the brand name of the breath analyzer products originally developed and sold by…Smith and Wesson…the largest manufacturer of handguns in the United States. … [Read more...]
How to Perform a Quick and Free Background Check in Tennessee

As a Nashville attorney, sometimes I’d like to know a little more information about a person, including but not limited to any criminal offenses they may have pending or have been charged with in their past. If they are from Nashville, there are a number of free resources I use as an attorney in Nashville which would be helpful for most to know – whether you’re a father wanting to check up on your daughter’s boyfriend, his parents, his uncles, etc…or just being nosy. The Basics: The first resource is through the Davidson County Criminal Court Clerk’s office which provides … [Read more...]
Nashville Criminal Attorneys Explain: DUI on a bicycle in Nashville, really?

Odd blog topic? Maybe, but these are the types of questions that get tossed out at the campfire while I was on a backpacking trip in Big South Fork recently. The answer is ‘No’, not in Tennessee. Unlike several other states, which prohibit the use or operation of a vehicle while under the influence of drugs or alcohol, the DUI statute in Tennessee prohibits the operation of a motor vehicle while under the influence. So if you get lit and decide to drive your lawnmower home in Nashville? DUI. Play ‘Edward Forty-Hands’ and then drive your moped home in Nashville? DUI. Beer pong … [Read more...]
Nashville Criminal Attorney Explains: Text Messaging, Driving and Probable Cause
On April 30, 2009 the state of Tennessee legislature enacted a new law prohibiting text messaging while driving. The new law can be found at T.C.A. § 55 – 8 – 199 and in relevant part, provides: “No person while driving a motor vehicle on any public road or highway shall use a hand-held mobile telephone or a hand-held personal digital assistant to transmit or read a written message; provided, that a driver does not transmit or read a written message for the purpose of this subsection (b) if the driver reads, selects or enters a telephone number or name in a hand-held mobile telephone … [Read more...]
New DUI Law Would Lower Legal Limit in Texas to .05
From Your Nashville Attorney: That’s right, .05. Texas lawmakers have proposed new legislature which would make it a criminal offense to operate a motor vehicle with a blood alcohol level of between .05 and .07. The new law, a DWAI or Driving While Ability Impaired, which will be up for debate during January 2011 legislative session, has the support of the Austin Police Chief as well as Mothers against Drunk Driving (MADD). Based on an examination of blood alcohol charts, it would take anyone who weighs less than 140 lbs approximately two drinks in the course of an hour to reach .05 and … [Read more...]

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