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Franklin Tennessee Criminal Defense Law Blog

DUI conviction could have legal and personal impacts on your life

The repercussions of a DUI conviction can have far-reaching impacts. You may fear that you could potentially face jail time after a DUI charge, and your mind may begin to race when it comes to considering the other possibilities such a predicament could have on your life. Having a mark on your record could cause some issues for your life, but you do have the opportunity to mount a defense against the charges.

In order to better understand the potential impacts a DUI can have, you need to assess the particular details of your case. After you have more information on the charges themselves and understand how the situation behind your arrest supposedly made the charges applicable, you may gain a better idea of what potential outcomes you could face.

Does craft beer culture lead to drunk driving?

Craft beer culture is as strong now as it's ever been, from one side of the United States to the other. Beer isn't just cheap lagers anymore. There are many varieties, many flavors and a whole subculture of people who are interested in trying out as many different types as they can.

This culture leads to beer festivals, where hundreds or even thousands of people show up to try local beers. It leads to more craft breweries than there have been in the past, with people often choosing them over local bars.

Miranda rights protection depends on invoking them right

Some months back we reminded readers about the rights suspects have when questioned by authorities. Understanding basic Miranda Rights is considered so critical that police in Tennessee and every other state are required by law to inform those they arrest about them. You have the right to remain silent and to know that anything you do say could be used against you in court. Also, you have a right to call an attorney before answering questions.

As straightforward as those statements are, there is something else that individuals in custody need to know. Where legal matters are concerned, nuances of language and behavior can have huge influence on eventual outcomes. Police, prosecutors and experienced attorneys know this. If you are new to the criminal justice system, you probably don't. And where confusion reigns, missteps can occur.

Why is right to privacy an important issue to address in drug defense cases?

When it comes to enforcing state and federal drug laws, law enforcement has a lot of power. Law enforcement officers have the power to determine who looks suspicious, when a search is appropriate and when there is enough evidence to arrest a suspect. This power can be easily abused, and those who have been charged with a drug crime on the basis of an abuse of police power should work with an experienced attorney to protect their rights.

One of the fundamental rights of any criminal suspect is the right to privacy, and an important way this right is protected is that law enforcement officers are generally required to obtain a search warrant before conducting searches, whether of a suspect’s home, vehicle, person or electronic devices. In drug investigations, the warrant requirement can be an important aspect of building a strong defense case. 

Steer toward a strong defense when drifting creates suspicion

If you've ever been pulled over in a traffic stop in Tennessee, you know there's no way to predict how such events will unfold. Sometimes, a police officer simply issues a type of warning to a driver then frees him or her to drive on to the intended destination. Other times, detainment lasts much longer and may even result in an arrest for suspicion of drunk driving or some other criminal offense. The law protects motorists, so police can not simply file random charges against them for no apparent reason.

Instead, authorities must have reasonable suspicion to conduct a possible drunk driving stop in the first place. The problem is, this term is rather vague, and you might be surprised just how loosely its application can be in particular situations. For instance, a police officer may claim your rear tire touched the yellow line in the center of the road, and that might be enough to pull you over for suspected DUI.

Impaired driving report sparks MADD criticism

Last week we featured a blog entry seeking to answer the question, can you be tested for marijuana during a DUI stop? The quick answer to the question is that there's not enough data to provide a solid answer. Every state, including Tennessee, has blood alcohol content limits beyond which impairment is legally presumed. The same can't be said, however, for marijuana. The science isn't well established.

Anyone facing any sort of impaired driving charge faces serious consequences if convicted. Finding elements in any given case that could raise reasonable doubt about guilt is important in protecting the rights of individuals, which makes consulting a skilled attorney important.

What is the point of the one-leg stand field sobriety test?

In Tennessee, driving while impaired is a serious offense. If a law enforcement officer suspects that you are driving while under the influence of an impairing substance, the officer will likely pull you over and ask you to perform field sobriety testing. There are three standardized tests utilized nationwide, one of which is the one-leg stand test.

How does one perform the one-leg stand test? How accurate is it? Do I have the right to refuse performing this test?

Will DOJ 'get-tough' policy increase federal drug prosecutions?

U.S. Attorney General Jeff Sessions has a reputation as a drug warrior. He is on record as having once said he thought the Ku Klux Klan was: "OK until I found out they smoked pot." He insists he was joking, but more recent statements reinforce the view that he holds a get-tough attitude when it comes to prosecuting individuals charged with drug crimes.

He showed that leaning again earlier this month when he issued a policy memo to the U.S. attorneys in Tennessee and the rest of the country that he wants them to double down on prosecuting drug crime defendants to the greatest extent federal law allows. What does this mean for defendants going forward?

Can you be tested for marijuana during a DUI stop?

More and more states across the country are entertaining the idea of legalizing marijuana, whether for medical purposes or recreationally. As marijuana consumption has moved from the shadows and into the mainstream, serious questions are being raised about how to police it and how to enforce it. However, there are also questions being raised on how to track its impact in cases involving driving while under the influence.

As marijuana proliferates in our daily lives, how can police officers and other law enforcement officials detect and prove that a driver is under the influence of cannabis while operating their vehicle?

Underage and charged with public intoxication: What can happen?

Who reading this right now ever took a drink of alcohol before they were old enough? Underage nipping is not a rarity in Tennessee or any other state. Every state outlaws it, though some states provide some exceptions depending on location or whether parents or guardians give their consent. In Tennessee, though, there are no exceptions.

If you are underage and caught in possession or under the influence of alcohol, you could be facing charges ranging from a Class C to a Class A Misdemeanor. The consequences in the event of a conviction could include a 30-day jail term and fine of $50 for a Class C Misdemeanor. For Class A, the penalty could be just under a year of incarceration and a $2,500 fine. Then there's the issue of having a record and the effect that can have on your future aspirations.


Larsen Law PLLC
342 Main Street
Suite 202A
Franklin, TN 37064

Phone: 615-567-3072
Fax: 615-296-4411
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