Imagine a police officer in Tennessee suspects you are driving while intoxicated. After you step out of your vehicle, the officer will likely instruct you to perform three roadside tests.
Knowing what to expect during these exams may help you perform them better.
Walk-and-turn test
This test involves taking nine steps in a straight line. Feet must touch at the end of each step. Once you reach the ninth step, turn around and make nine more steps in the opposite direction.
Your arrest is possible if you stumble or your heels and toes do not connect. Officers also look for miscounting and using arms for balance.
One-legged stand test
For this evaluation, you must stand on one leg. While in this position, count out loud until you reach a specified number.
Law enforcement will look for any swaying or loss of balance. Skipping numbers and both feet touching the ground are other indications of inebriation.
Horizontal-gaze test
When you are drunk, your eyes may jerk without your knowing. An officer will look for these automatic movements while you follow a pen or finger from one side to the other. Your head needs to remain still. The inability to stay rigid raises officer suspicion.
Alternative tests
There are other tests not approved by the National Highway Traffic Safety Administration. You may have to count backward, speak the alphabet or touch your nose with your finger. The NHTSA also sets standards for alcohol measurement devices that all officers use.
Getting pulled over for suspicion of drunk driving is a tenuous situation. Follow the instructions and tests that a representative of the law asks you to perform.
(This article taken from www.levittandlevittlaw.com )
If you or a loved one have questions or need assistance with Bail Bond services in the Chattanooga area, The Bail Bondsmen at Gary's Bail Bonds are ready to help. With more than 20 years of experience in the Bail Bond business, we have the practical experience and knowledge to get you out of jail fast. 24 hours a day, 7 days a week, Gary's Bail Bonds is there when you need us most. 423-664-1000
Another part of your vehicle may be off limits from a police search. A ruling by the Ninth Circuit US Court of Appeals determined that a police officer can’t search the glove compartment to find information readily available elsewhere—such as registration.
Michael Curtis Painter was outside of his vehicle after a police chase and crash in Spokane, Washington. After his arrest, an officer opened the glove box in search of registration, finding a handgun inside. Painter isn’t allowed to carry a gun, leading to another criminal charge. The officer needed registration for the accident report, but the court ruled they could have got that information without searching the vehicle because the VIN number can be read from outside of the car and then looked up on a computer.
There are two important criminal defense matters in the story: gun rights and search and seizure.
Gun rights and convictions
This case takes place in Washington state, but we have similar rules here in Tennessee, where convicted felons can't carry firearms. Regardless if you want a gun for hunting, sport or personal protection, you lose those rights after certain convictions. Felonies that are expunged, pardoned or involve less than one year of prison time don’t fall under this restriction, which is why criminal defense can influence not just your current situation, but also what happens later in life.
Illegal search and seizure
The US Fourth Amendment protects Americans from unreasonable searches. “Unreasonable” is a continually evolving definition as technology advances. In this case, the Ninth Circuit ruled that officers can easily get the information they needed (a vehicle’s registration) without opening the glove box. Thus, a search inside the vehicle was unnecessary and unconstitutional. The charges of resisting arrest still stand, but the additional gun charges were dismissed.
An experienced criminal defense attorney will review all aspects of your case, from probable cause and search and seizure to the arrest itself. Defense requires a strong knowledge of the law, not just to review your case, but also to determine the proper charges and to fight for your future rights.
(This article taken from www.levittandlevittlaw.com )
If you or a loved one have questions or need assistance with Bail Bond services in the Chattanooga area, The Bail Bondsmen at Gary's Bail Bonds are ready to help. With more than 20 years of experience in the Bail Bond business, we have the practical experience and knowledge to get you out of jail fast. 24 hours a day, 7 days a week, Gary's Bail Bonds is there when you need us most. 423-664-1000
A conviction from DUI charges is a serious matter that can greatly impact your life and how you live it. A conviction can cost you your job or future employment, your license, or your freedom. Despite what is at stake in these charges, not many people know how to defend themselves against these charges.
Each year, police arrest more than 1.5 million people for driving while under the influence of drugs or alcohol. Because of how common these arrests are, it is important for drivers to know what their options might be.
Improper traffic stops
Police officers need to follow the law during a traffic stop, including having a reasonable suspicion of probable cause to conduct the stop in the first place. If the police pull you over without having a valid reason, an experienced attorney may be able to get a court to dismiss the charges.
Improper testing
Police rely on sobriety tests and breath tests to verify a driver’s sobriety, and the results can be a vital piece of evidence during a trial. If the arresting officer failed to perform a test properly, or if their testing equipment was malfunctioning, they may not be able to prove you were under the intoxication of drugs or alcohol at the time of the arrest.
Duress
If someone forces a drunk person to drive under the threat of injury or death, that action may count as duress. A drunk driver who can prove that they were driving under duress may be able to avoid any charges for the crime since someone else forced them to commit it.
Unavoidable
A driver may be able to avoid a DUI conviction if they can prove that their driving while intoxicated was a matter of life or death. For example, if the driver was at a party, and someone needed a quick ride to the hospital, and the driver was the most capable of driving, there may ground for a strong defense.
Do not give up
If you are facing DUI charges, you may be able to defend yourself from a conviction. Consult with an attorney right away about your charges’ circumstances and what you can do to beat them.
(This article was taken from www.levittandlevittlaw.com )
If you or a loved one have questions or need assistance with Bail Bond services in the Chattanooga area, The Bail Bondsmen at Gary's Bail Bonds are ready to help. With more than 20 years of experience in the Bail Bond business, we have the practical experience and knowledge to get you out of jail fast. 24 hours a day, 7 days a week, Gary's Bail Bonds is there when you need us most. 423-664-1000
Practically speaking, there can be a lot of overlap in how the two crimes are interpreted and charged in any given case. But for the purposes of explanation, we’ll use a simple example scenario to illustrate the difference.
Imagine the following scenario:
Two people get into an argument in a parking lot, they yell back and forth at each other, and then one person picks up a rock and throws it at the other person.
Assault
Assault is commonly defined as “an act that puts the victim in reasonable apprehension of harmful or offensive contact.” The key here is that no actual physical harm needs to occur for the police to charge someone with assault.
Looking at our example scenario, if the person who throws the rock misses the other person and the rock lands harmlessly on the pavement, then that would be considered assault.
It does not matter if the person who threw the rock actually intended to hit the other person, all the matters is if the person the rock was thrown at was reasonably afraid the rock would hit them.
Assault is a misdemeanor violation and is punishable by up to six months in jail (as opposed to state prison) and a maximum fine of $1,000.
Battery
Battery is defined as “any willful and unlawful use of force or violence on someone else.” Battery requires that one person actually inflicts harmful or offensive contact on another person. There is no requirement that the victim suffers a personal injury or bodily harm, only that contact was made.
Going back to our example scenario, if the person who threw the rock actually hit the other person, even if no harm occurred (hard to imagine, but theoretically possible), that would qualify as battery.
If there is no severe bodily harm to the victim, the battery would likely be charged as a misdemeanor and the punishment is the same as misdemeanor assault.
Aggravated Assault & Battery
When the use of a deadly weapon (such as a knife or gun) is used in an assault, and/or if a victim sustains severe bodily harm or injury, then the crimes can be charged as aggravated assault and battery.
Aggravated assault and battery can possibly be charged as felonies. If felony charges are brought, the punishments for those crimes are much more severe, and can result in prison time and huge financial penalties.
If you or a loved one have questions or need assistance with Bail Bond services in the Chattanooga area, The Bail Bondsmen at Gary's Bail Bonds are ready to help. With more than 20 years of experience in the Bail Bond business, we have the practical experience and knowledge to get you out of jail fast. 24 hours a day, 7 days a week, Gary's Bail Bonds is there when you need us most. 423-664-1000
Tennessee, like most states, has specific laws in place regarding different kinds of theft. People can face criminal charges for everything from armed robbery to embezzlement. One form of theft that people tend to think of as not a big deal is shoplifting.
However, shoplifting is a serious criminal allegation that can have long-term consequences. Adults accused of shoplifting could face fines and potential jail time depending on the value of the items involved. Teenagers accused of shoplifting could also face criminal consequences. Their parents could have financial liability for the value of the items involved in the shoplifting offense.
Whether you face a shoplifting charge or your child does, developing a defense strategy is an important way to reduce the likelihood of long-term consequences from what was likely an impulsive or misunderstood act.
Shoplifting charges don’t just result from theft
One of the most common misconceptions about shoplifting is that it only occurs if you leave the store with unpaid merchandise. However, a merchant who catches you in the act of hiding, altering or otherwise manipulating products with the intention of not paying their full retail price could bring shoplifting charges against you.
Examples of situations where someone does not leave the store but still winds up charged with a crime could include:
- Replacing a price tag on one item with a tag from another
- Altering a price tag to change how it rings up
- Putting items inside another item
- Intentionally hiding an unpaid item in a purse, backpack, coat or pocket
- Moving an item into a different container or packaging
- Intentionally manipulating a cash register or similar device
You don’t even have to leave the store for loss prevention or security officers to stop you and charge you with a crime if they suspect these activities. A mistake on their part could result in serious criminal consequences for you or someone you love.
Treat all shoplifting allegations like a serious potential issue
Shoplifting isn’t just a minor issue that results in a slap on the wrist and an obligation to pay the retailer. It is a serious theft charge with real consequences. You or your child could find yourselves dealing with a permanent criminal record as the result of a simple mistake. There is also the potential for jail time and fines if the value of the items is high enough.
Working with a Tennessee criminal defense attorney could help you avoid charges or aid you in defending against them if you are not able to negotiate a solution outside of court. The sooner you sit down to talk about the situation with a defense attorney, the more time you will have to prepare a defense strategy.
(This article taken from www.levittandlevittlaw.com )
If you or a loved one have questions or need assistance with Bail Bond services in the Chattanooga area, The Bail Bondsmen at Gary's Bail Bonds are ready to help. With more than 20 years of experience in the Bail Bond business, we have the practical experience and knowledge to get you out of jail fast. 24 hours a day, 7 days a week, Gary's Bail Bonds is there when you need us most. 423-664-1000
In Tennessee, your driver's license may be suspended or revoked for many reasons. If you drive while your license is suspended or revoked, you could be charged with a misdemeanor. Jail time, fines and other penalties may result.
Reasons for Suspension or Revocation
Your license may be subject to mandatory revocation for certain convictions. For example, your license may be revoked if you are convicted of:
- manslaughter, if it was the result of your driving
- driving under the influence of an intoxicant
- a felony, if a vehicle was used to commit it
- failing to stop if you were involved in an accident that killed or injured someone
- two convictions for reckless driving within 12 months
- possessing five or more grams of meth while driving a vehicle, or
- Vehicle theft. (Tenn. Code. § 55-50-501(a)(c).)
A license may also be revoked if you fail to pay a judgment for damages resulting from negligently driving a vehicle. (Tenn. Code. § 55-50-501(b).)
Your license may be suspended for certain alcohol offenses, including driving under the influence. (Tenn. Code. § 55-10-406.) You may be eligible for a restricted license to drive to work. (Tenn. Code. § 55-50-502(c)(3).)
Your license may also be suspended if you:
have been convicted frequently enough of serious traffic offenses that the state believes you disrespect traffic laws and disregard the safety of others
- are habitually reckless or negligent when you drive
- are incompetent to drive
- fail to appear in court for certain traffic violations
- drop out of school if you are under 18. (Tenn. Code. § 55-50-502(a)(1).)
Reinstating Your License
The period of time your license is under suspension or revocation may vary. You should not drive while your driving privileges are withdrawn. After your suspension or revocation period expires, you may be required to pay a reinstatement fee, pay other fees, and fulfill other conditions before your license is reinstated.
Criminal Charges for Driving on a Suspended or Revoked License
You may be charged with a Class B or Class A misdemeanor if you drive while your license is suspended or revoked.
You may be charged with a Class B misdemeanor for a first offense. In general, the maximum penalty for a Class B misdemeanor is:
- six months in jail, and
- a $500 fine.
You may have a minimum sentence if your license was suspended or revoked due to certain offenses, including vehicular assault, vehicular homicide, and certain alcohol offenses. Your sentence may involve:
- between two days and six months in jail, and
- a maximum $1,000 fine.
For a second or subsequent offense within 10 years, you may be charged with a Class A misdemeanor. The maximum punishment for a Class A misdemeanor may involve:
- up to 11 months, 29 days in jail, and
- a maximum $2,500 fine.
You may have a minimum sentence if your license was suspended or revoked due to certain offenses, including vehicular assault, vehicular homicide, and certain alcohol offenses. Your sentence may involve:
- between 45 days and 1 year in jail, and
- a maximum $3,000 fine.
If you drive a vehicle without an ignition interlock device when you are required to have one, you may be charged with a Class B misdemeanor. Your sentence may involve:
- between seven days and six months in jail, and
- a fine up to $1,000.
In addition, a conviction for driving with a suspended or revoked license may come with an additional $15 fine.
Legal Help for Charges of Driving on a Suspended or Revoked License
A conviction for driving on a suspended or revoked license may come fines and even jail time. These are serious consequences that may cause problems with work or school, with insurance, and with other areas of your life. While Tennessee law provides specific penalties for a conviction, your sentence may depend on the view that your community, prosecutors and judges have of the crime. An attorney who is familiar with how these charges are handled in your area is best able to provide you with information about your individual case.
(This article is taken from www.criminaldefenselawyer.com )
If you or a loved one have questions or need assistance with Bail Bond services in the Chattanooga area, The Bail Bondsmen at Gary's Bail Bonds are ready to help. With more than 20 years of experience in the Bail Bond business, we have the practical experience and knowledge to get you out of jail fast. 24 hours a day, 7 days a week, Gary's Bail Bonds is there when you need us most. 423-664-1000
Practically speaking, there can be a lot of overlap in how the two crimes are interpreted and charged in any given case. But for the purposes of explanation, we’ll use a simple example scenario to illustrate the difference.
Imagine the following scenario:
Two people get into an argument in a parking lot, they yell back and forth at each other, and then one person picks up a rock and throws it at the other person.
Assault
Assault is commonly defined as “an act that puts the victim in reasonable apprehension of harmful or offensive contact.” The key here is that no actual physical harm needs to occur for the police to charge someone with assault.
Looking at our example scenario, if the person who throws the rock misses the other person and the rock lands harmlessly on the pavement, then that would be considered assault.
It does not matter if the person who threw the rock actually intended to hit the other person, all the matters is if the person the rock was thrown at was reasonably afraid the rock would hit them.
Assault is a misdemeanor violation and is punishable by up to six months in jail (as opposed to state prison) and a maximum fine of $1,000.
Battery
Battery is defined as “any willful and unlawful use of force or violence on someone else.” Battery requires that one person actually inflicts harmful or offensive contact on another person. There is no requirement that the victim suffers a personal injury or bodily harm, only that contact was made.
Going back to our example scenario, if the person who threw the rock actually hit the other person, even if no harm occurred (hard to imagine, but theoretically possible), that would qualify as battery.
If there is no severe bodily harm to the victim, the battery would likely be charged as a misdemeanor and the punishment is the same as misdemeanor assault.
Aggravated Assault & Battery
When the use of a deadly weapon (such as a knife or gun) is used in an assault, and/or if a victim sustains severe bodily harm or injury, then the crimes can be charged as aggravated assault and battery.
Aggravated assault and battery can possibly be charged as felonies. If felony charges are brought, the punishments for those crimes are much more severe, and can result in prison time and huge financial penalties.
If you or a loved one have questions or need assistance with Bail Bond services in the Chattanooga area, The Bail Bondsmen at Gary's Bail Bonds are ready to help. With more than 20 years of experience in the Bail Bond business, we have the practical experience and knowledge to get you out of jail fast. 24 hours a day, 7 days a week, Gary's Bail Bonds is there when you need us most. 423-664-1000
The occurrence of domestic violence is, unfortunately, a common issue across the United States and in Tennessee. Many victims of domestic violence suffer for a prolonged period because they feel trapped in their situation and are fearful about reporting the incidents to the police.
While domestic violence is a serious issue, it is also common for domestic violence to be falsely reported, or misreported, just like other criminal accusations. If you have been accused of domestic violence but you believe that you are innocent and you want to defend yourself, you must take the time to understand the law.
The Definition Of Domestic Violence
Domestic violence can take many different forms. Contrary to popular belief, the abuse in question does not need to be physical for it to count as domestic violence under the law. Domestic violence is defined as a pattern of abusive behavior in any form of domestic relationship. The following are the possible types of abuse that could constitute an incident of domestic violence.
Physical Abuse
Physical abuse in any relationship is never acceptable. If a person hits, punches or perpetrates any type of physical violence against someone that they live with or are in a relationship with, this counts as domestic violence. A common defense against an accusation of physical abuse is self-defense.
Sexual Abuse
Sexual activity must always be consensual, regardless of whether the two people are married or not. If a person tries to force or coerce another into any form of sexual relations, it can count as a form of domestic violence.
Emotional Or Psychological Abuse
Domestic violence often involves a combination of emotional and physical abuse, but emotional abuse alone is enough for it to constitute an act of domestic violence. If a person tries to cause fear in another person, tries to damage their self-esteem or somehow alter their perspective on themselves or the way they are thought of by others, it can count as emotional or psychological abuse.
Being found guilty of domestic violence in Tennessee can negatively affect every aspect of your life. If you have been accused of this crime and you believe that you are innocent, it is important that you take swift action to defend yourself.
(This article taken from www.houstonalexander.com)
If you or a loved one have questions or need assistance with Bail Bond services in the Chattanooga area, The Bail Bondsmen at Gary's Bail Bonds are ready to help. With more than 20 years of experience in the Bail Bond business, we have the practical experience and knowledge to get you out of jail fast. 24 hours a day, 7 days a week, Gary's Bail Bonds is there when you need us most. 423-664-1000
The rights to assemble and protest are among one of the most protected groups of rights in the American legal system. And while the government is not
allowed to infringe upon these rights, it is very important for any and all citizens to be aware of the restrictions the government is
allowed to put on these activities. It is always very helpful to understand the ways in which the state of Tennessee requires protesting to occur, and the charges you might be facing as a result of civil disobedience.
Where Am I Allowed to Protest?
All of your Constitutional rights apply only to the actions of the government. This means that your 1st amendment rights to assembly and protest do not apply to private property, such as businesses or residences, and the owner’s of that property have total control within the law over who is allowed to be there. While some private property owners may welcome and encourage protesting activities, you are not guaranteed any right to be there under the Constitution.
And while you are generally allowed access to property owned and operated by the government, there are certain types of property you can not access in the interests of safety and security. The public areas where protestors tend to and are legally allowed to gather are public parks, sidewalks, and streets.
How am I Allowed to Protest?
While the Constitution protects your basic rights of assembly and protest, state, city, and county governments are allowed to regulate the manner in which these activities happen. In general, groups of protesters are not allowed to block the normal flows of pedestrian or vehicle traffic in the areas that they are operating. And depending on local regulations, you might have to adhere to policies like the operating hours of a public park, or the requirement of a permit to gather in a park or march in the streets. It is always best to research your local county and city ordinances to find out what specific regulations need to be met in order to hold a legal protest. Due to the nature of protesting, governments often use their discretion to vary the leniency with which they enforce or respond to the violation of these usual regulations, like allowing a march to occur through popular streets without organizers having obtained a required permit, but those regulations that are outlined in state code or local ordinances can always be legally enforced.
What Can I Be Arrested For?
Some of the more frequent charges issued against individuals arrested while protesting include state laws prohibiting disorderly conduct, failure to obey, and resisting arrest. Read below the details of each law according to the Tennessee State Code, in order to understand what sort of behavior is legally allowed, as well as the punishment for breaking these specific laws.
Disorderly Conduct
TCA § 39-17-305:
(a) A person commits an offense who, in a public place and with intent to cause public annoyance or alarm:
(1) Engages in fighting or in violent or threatening behavior;
(2) Refuses to obey an official order to disperse issued to maintain public safety in dangerous proximity to a fire, hazard or other emergency; or
(3) Creates a hazardous or physically offensive condition by any act that serves no legitimate purpose.
(b) A person also violates this section who makes unreasonable noise that prevents others from carrying on lawful activities.
(c) A violation of this section is a Class C misdemeanor.
Failure To Obey
TCA § 55-8-104:
(a) No person shall willfully fail or refuse to comply with any lawful order or direction of any police officer invested by law with authority to direct, control or regulate traffic. (b) A violation of this section is a Class C misdemeanor.
Resisting Arrest
TCA § 39-16-602:
(a) It is an offense for a person to intentionally prevent or obstruct anyone known to the person to be a law enforcement officer, or anyone acting in a law enforcement officer's presence and at the officer's direction, from effecting a stop, frisk, halt, arrest or search of any person, including the defendant, by using force against the law enforcement officer or another.
(b) Except as provided in § 39-11-611, it is no defense to prosecution under this section that the stop, frisk, halt, arrest or search was unlawful.
(c) It is an offense for a person to intentionally prevent or obstruct an officer of the state or any other person known to be a civil process server in serving, or attempting to serve or execute, any legal writ or process.
(d) A violation of this section is a Class B misdemeanor unless the defendant uses a deadly weapon to resist the stop, frisk, halt, arrest, search or process server, in which event the violation is a Class A misdemeanor.
(This article is taken from www.bestlawhb.com )
If you or a loved one have questions or need assistance with Bail Bond services in the Chattanooga area, The Bail Bondsmen at Gary's Bail Bonds are ready to help. With more than 20 years of experience in the Bail Bond business, we have the practical experience and knowledge to get you out of jail fast. 24 hours a day, 7 days a week, Gary's Bail Bonds is there when you need us most. 423-664-1000
Even if you understand the seriousness of drinking and driving, there may come a day when you let your good time get the best of you. Rather than control your drinking or call for a ride, you jump behind the wheel and assume you are “sober enough” to reach your destination.
This is what you should do if you are pulled over:
- Move to safety as soon as possible: This is not a time to continue driving as if nothing is happening. The officer wants you to immediately move to the side of the road. By putting on your hazard lights, you acknowledge to the officer that you see him or her.
- Wait where you are: Do not get out of your vehicle, take off your seat belt or start grabbing for your license and registration. Put your hands on the steering wheel, wait for the officer to arrive and then follow his or her instructions.
- Be polite: You do not have to go overboard, but it is critical that you remain respectful and polite as you are discussing the situation with the officer. If you become aggressive or condescending to the officer, it will raise suspicions and all but guarantee that you will find yourself in trouble.
- Do not say too much: If you are asked a potentially incriminating question, think about how much information you will share. It is best to keep your answers short and to the point. Saying too much could result in your arrest. Remember, you always have the right to remain silent.
- Stay calm if the officer puts you under arrest: This is the last thing you want to happen, but it is a possibility if you have been drinking. Stay calm, do not say anything the officer could use against you in court, and follow instructions.
If you take these steps after being pulled over for suspicion of drinking and driving, you improve your chances of avoiding an arrest or conviction.
(This article taken from www.levittandlevittlaw.com )
If you or a loved one have questions or need assistance with Bail Bond services in the Chattanooga area, The Bail Bondsmen at Gary's Bail Bonds are ready to help. With more than 20 years of experience in the Bail Bond business, we have the practical experience and knowledge to get you out of jail fast. 24 hours a day, 7 days a week, Gary's Bail Bonds is there when you need us most. 423-664-1000