The The Patriot Act passed after 9/11 made it impossible for commerical truck drivers to go to traffic safety school to avoid a traffic violation.I hope this short video helps explain defending you traffic ticket here in Nashville,Tennessee.
Atlanta Braves pitcher Deunte Heath has been charged with two prostitution related misdemeanors during spring training. It appears he was arrested during a sting operation.The Braves suspended him indefinitely.The reason this report caught my attention is that the Metro Nashville Police also operate prostitution stings.
Metro Nashville Police also use prostitution stings to arrest those who may be engaged in patronizing prostitution.The tactics usually involve placing an Internet ad, arranging a meeting with an unsuspecting person., and then an arrest or criminal citation will be issued. A criminal citation is issued in most cases. Beware of answering these ads and remember what happened to Tiger Woods.
I have written about the effects of Red Bull and alcohol , but I just read a excellent post by Lawrence Taylor who writes the DUI Blog.here is an excerpt from his post on the effects of caffeine and alcohol
Caffeine and alcohol have a synergistic effect — that is, they combine to produce an accelerated effect. Rather than sobering a person up, as is commonly believed, coffee can actually increase the symptoms of alcohol.
The definitive studies were done by researchers in Great Britain and reported in an article entitled, "Interactions of Alcohol and Caffeine on Human Reaction Time", appearing in the scientific journal Aviation, Space and Environmental Medicine 528 (June 1983).
The conclusions of the scientists:
"Alcohol has always been categorized as a central depressant and caffeine as a central stimulant. Therefore, it should follow that an antagonistic [counter-active] interaction should occur when these two drugs are ingested simultaneously. But as these results illustrate, this is not necessarily the case…"Caffeine has a synergistic interaction with alcohol…(It) has the effect of potentiating the detrimental effects already induced by alcohol….Motor skills which involve delicate muscular coordination and accurate timing have been found to be adversely affected by caffeine
This study coupled with the Wake Forrest and University of Florida studies clearly show that the caffeine use magnifies coordination problems which may effect the field sobriety tests.
One of the main concerns of those charged with a crime in Tennessee is can my criminal record be expunged.Maybe.I created a video on "How to Expunge Your Record." In most cases, you can do it yourself. As part of my legal services for criminal cases, I do the expungement for you if you are eligible.A conviction can not be expunged.Here is a list of dispositions when you can get your record cleared.
1.Dismissal
2. A Retirement
3. A Nolle Prosequi
4. Successful completion of either Pre-Trial Diversion or Judicial Diversion
5.When you hear the words "Not Guilty"
If you need a expungement form, leave your contact information in the comment section and we will contact you.If you live out of state we can handle it for you for a small charge.
Protecting your record is critical.Avoid a conviction if possible.It is better to find a criminal defense lawyer to investigate your case before you plead guilty.
While I was in court today in Sumner County ,Tn., I bought a copy of the Gallatin News Examiner , In the community forum section, State Rep. Mike McDonald of Portland ,Tn. wrote an update on the new DUI laws up for discussion.House Bill 3280 revises the list of substances that can be cited as causes for driving under the influence or driving while intoxicated.Under the proposed new law ,it would be illegal to drive a car while under the influence of any intoxicant,marijuana ,drug substance or combination of these substances affecting the central nervous system.
The proposed laws intend to cover the concept of a poly-drug. Alcohol consumed while taking prescription drugs creates different effects on the human body.The bill wants to cover the area of "drugged driving." Drivers who knowingly take prescription drugs are just as dangerous as those drinking and driving. Warning labels on your prescription bottles are there for a reason.The message is don't combine drugs and alcohol.The new DUI law intends to cover that situation.
HB passed the House and is scheduled to be heard by the Senate Judiciary Committee next week.
Can the Field Sobriety Tests in a drunk driving case be effected by the shoes you wear ? The answer is yes.The National Highway Traffic and Safety Administration has produced a manual on the Standardized Field Sobriety Tests.In the 2006 manual in lesson VIII-11 ,it states that individuals wearing heels more than two inches should be given the opportunity to remove their shoes.The video will help explain the problem with this factor.
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Domestic V I thought it might be helpful to set forth the definition of Domestic assault.The definition can be found at Tennessee Code annotated Section 39-13-111. |
A " domestic abuse victim" means any person who falls within the following categories:
Just got back from being out of town for awhile and catching up at the office on a rainy Sunday.The topic today is the use of snitches in drug cases in both Federal Court and State Court criminal cases. The U.S.Attorney General has published a guideline on how the FBI should use confidential informants. A copy of the report can be found here .Unfortunately, there is no guidelines for the use of informants on the state level.It begs the question of why there is no written policy on the use of snitches in Tennessee.
One of the most frightening things a citizen experiences is when the police come to your door.It is worse when the alleged charges is some type of sex crime from child abuse. aggravated sexual battery,child pornography,and sexual exploitation of a minor.I created a short video to explain your rights at the initial investigation.Here Is a short list of your basic constitutional rights.
1.You have a right not to consent to a search of your home or your computer without a valid search warrant.
2.You have a right not to speak to a police officer unless your attorney is present.Never speak to the police alone.
Follow Ben Roethlisberger in how he handled hisalleged sexual assault charges.Don't do or say anything unless you consult with your attorney.
The Tennessee State Legislature debated whether to require juvenile sex offenders to be placed on the sex offender registry .The sex offender registry got it's start under the Adam Walsh Act. Melanie Bean , a criminal defense attorney from Lebanon , Tennessee is the Chair of the Legislative Committee for the Tennessee Association Of Criminal Defense Lawyers. She attended the meetings are here are her observations.Melanie has done a great job in following these bills.
The popularity of mixing Red Bull, Vodka, and Jagermeister in cocktails is gaining among college students.A vodka bomb or Jager bomb is the drink of choice with Vanderbilt ,Belmont , and MTSU students.However,studies are finding that the combination of caffeine and alcohol create a poly-drug which can lead to a host of dangers.
DUI attorney Neil Shouse addressed some of these issues in a recent post on DUI Blogger .Mr.Souse reported that the caffeine in these types of energy drinks masks the effects of intoxication.A recent study on the issue at the University of Florida found that drinkers who leave a bar after mixing these drinks are four times more likely to drive home.
Allison Aubrey of National Public Radio reported on these findings from the University of Florida and a previous study by Wake Forrest University.
"They believe the stimulant effect counteracts the depressant effect of alcohol," said Bruce Goldberger, a toxicology professor at the University of Florida and senior author of the new study. "But that's not what's going on."
In 2008,Anheuser Busch announced it would stop making alcoholic drinks that included caffeine.The Food and Drug Administration have urged beverage companies to prove these drinks aren't dangerous.
In my college days, a Jack and Coke was as good as it got.
Pittsburgh Steeler quarterback Ben Roethhlisberger is under investigation in Georgia .The charge is sexual assault.The quarterback is also involved in a similar allegation in Lake Tahoe. Roethlisberger is being represented by Georgia lawyer Ed Garland. Mr.Garland has denied the charges.
"The facts show that there was no criminal activity. No sexual assault occurred," attorney Ed Garland said in a statement Monday. "Ben is completely innocent of any crime."
The local District Attorney General is investigating the young lady"s allegations.
"The investigation is ongoing. It would be premature to make any announcement at this time," said Fred Bright, district attorney for the Ocmulgee Judicial Circuit. "When the facts are in and a decision is made, we will let you know."
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I get a lot of questions about shoplifting cases in Nashville.Should you get an attorney ? Can I keep it off my record ? What happens if your convicted ? I created a short video to help answer some of your questions.If you have any further questions please feel free to leave a question in the comment section of the blog. Remember these tips on shoplifting charges only apply in Davidson County,Tn.Shoplifting cases in Williamson County and Sumner County are completely different.
In light of the finding of the innocence of a North Carolina Man,Gregory F. Taylor ,North Carolina Attorney General Roy Cooper has ordered a review of the state's crime lab after disclosures about practices there that led to the exoneration of Mr.Taylor who had been wrongly accused of murder.Two former assistant directors of the Federal Bureau of Investigation will review the crime lab's practices and protocols in criminal cases dating back to the 1990's. I had previously reported that a special panel reviewed Mr.Taylor's case and found by clear and convincing evidence that Mr. Taylor was innocent.The conviction was based on flawed evidence from the crime lab.One key piece of evidence used at trial was blood stain evidence. The stains found in the truck were not human blood which the prosecutor alleged.
The United States Supreme Court is considering granting a writ of certiorari in Kentucky v. Baker.Baker is challenging the constitutionality of a component of Kentucky's sex offender registration laws on ex post facto grounds.The court may decide soon on whether to grant the writ.You can follow the update on the Scotus Blog which is an excellent resource to stay up to date on major criminal constitutionally issues that impact the criminal justice system. 
This week I had the opportunity to attend a lecture hosted by the Federal Public Defenders Office for the U.S District Court here in Nashville.First, I would like to thank the folks that presented and sponsored the topic.The lecture focused on the " Interaction of Federal and State Sentences When the Federal Defendant is Under State Primary Jurisdiction". The focus of the discussion was based upon an article written by Henry Sadowski,Regional Counsel Northwest Region,Federal Bureau of Prisons. A complete copy of the article can be read here.
Here are my takeaways from the talk;
1.In any computation of a federal sentence,two separate decisions must be made:when the federal sentence commences and to what extent the defendant can receive credit for time spent in custody prior to commencement of the sentence.
2.The Federal Bureau of Prisons has been delegated to compute the sentence.The court nor anyone else can compute the sentence.
3.A federal sentence does not begin to run until the state authorities relinquish the prisoner on satisfaction of the state obligations.
4.The general rule is no credit is afforded towards a federal sentence if credit has been given for the same period of custody towards a state sentence.
5.The general rule is that the sentence imposed by the sovereign with primary jurisdiction is served first.
6.The primary custodian is responsible for the custody of the defendant until primary jurisdiction is relinquished.
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There are several myths about defending a DUI case.Several years ago Atlanta,Ga DUI lawyer Bubba Head wrote an article on the five myths of defending a DUI case.One of those myths is you can't win a DUI case.You can beat a DUI case if the facts are on your side.Here are some tips on beating your DUI case.
If you have the misfortune to get arrested for DUI in Nashville,Tn. , you will get from 15-20 letters , postcards, and even a magazine.How do you hire the best DUI lawyer for your case.I created a short video that will help you go though the process of hiring a DUI lawyer in Tennessee.
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