Posted on August 11,2020 in DUI/DWI/BUI

Universities and colleges have always been known for their parties and easy access to alcohol. Aside from the higher education that these academic institutions provide students, they also present many young adults with their first opportunity to live away from home. This opportunity of growth is important for those on the verge of adulthood, but it can also lead many students down the wrong path. Despite what movies or TV shows may show, the legal drinking age restriction of 21 still applies to college students. However, easy access to alcohol leads many students to believe that they are invincible. The following alcohol-related offenses are common on Tennessee college campuses, leaving many students with criminal charges on their record and in many cases, additional consequences from the university.

Possession and Consumption

With house parties on every street corner and tailgates occurring on a weekly basis, college students have numerous opportunities to get their hands on alcohol and drink it without their parents’ watchful eyes. Just a few drinks in and students can quickly forget about campus police that patrol the streets looking for intoxicated, underage students. Possession and consumption of alcohol are both illegal for those under the age of 21. So, if a student is found walking around campus, sober, carrying a pack of beer, he or she can still face criminal charges. Those students who are found drinking underage in Tennessee can be charged with a Class A misdemeanor, carrying 11 months of jail time, community service, fees, and having their driver’s license revoked

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 Posted on July 21,2020 in DUI/DWI/BUI

Driving under the influence (DUI) of alcohol is a frighteningly common offense that many Tennesseeans have on their record. Across the country, states have instilled a blood alcohol concentration (BAC) limit to ensure that drivers who get behind the wheel after drinking alcohol are not too intoxicated to drive safely. With a 0.08 percent BAC limit in Tennessee, three to four drinks can place you above the legal limit to drive. In the past few years, Tennessee legislators have noticed a high number of repeat DUI offenders, but there has been a lack of recourse for these repeat offenses. In order to address these sentencing discrepancies, legislators passed House Bill 167 in 2019 after years of legal deliberation.

Looking at Statistics

Legislators included a number of statistics in their HB 167 bill summary, which explains why they believe that these harsher penalties are necessary for repeat offenders with DUI charges. According to the Tennessee Department of Corrections, 32.2 percent of all offenders will re-offend within a year of release from their sentence. This appears to be the case for all offenders, not just those with DUI charges. However, the high tendency to re-offend and low chance of harsher sentencing for DUI cases make it likely for those with such charges to drive drunk again in the future. News reports from Fox17 Nashville record the most habitual Tennessee DUI offender had 19 DUI arrests, something that these harsher sentences are hoping to mitigate.

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 Posted on July 07,2020 in White Collar Crimes

Everyone has had the experience of pretending to be something or someone they are not. This is a common occurrence when young adults try new looks or hobbies as they begin to discover who they are as they mature. Trying something new may not be considered a crime, but when this new self-representation becomes deceptive, things can get more complicated. This is especially true with companies who take advantage of curious consumers’ ignorance toward their company or the money they are handing over. These corporations can also use these deceptive tactics to gain a mass of followers willing to work alongside them. Maybe you are a victim of fraud or did not realize that what you were participating in is considered a white-collar crime in Tennessee. Whether you started the fraudulent activity or were tricked into being a participant, you should seek the help of a reputable criminal defense lawyer.

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 Posted on June 20,2020 in Traffic Violations

Seeing the red and blue flashing lights in your rearview mirror is never a good feeling. Maybe you did not realize how fast you were going, forgot to use your turn signal, or went through a red light thinking you could make it in time. Regardless, getting pulled over and receiving a traffic violation can be a blow to your ego and your wallet. Tennessee legislatures have been reviewing traffic ticketing policies and presented two bills that address the topic. Although neither is set in stone, your ability to be ticketed and how the violations are recognized may change upon the approval of the following two bills.

Meeting Quotas

You have likely heard the rumors to avoid speeding tickets toward the end of the month since this is typically when police officers hand out the most tickets to meet their monthly quotas. The Tennessee General Assembly is working hard to put an end to ticketing sprees that come up just so cops can fill their ticketing quotas. Technically, Tennessee already prohibits ticketing quotas per legislature from 2010. However, this law does not present any penalties for doing so and some argue that the lack of punishment renders the law useless. In order to address the lack of consequences, SB2458 would create mandatory fines for any police departments that implement a quota system for traffic ticketing. While this bill may not keep you from getting a ticket if you are found driving recklessly, it may reduce the number of unnecessary and inaccurate traffic tickets being delved out to meet a monthly allotment.

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 Posted on June 09,2020 in Criminal Defense

Since 1916, the National Park Service has worked to preserve land spanning the United States from destruction. In order to do so, strict regulations have been put into place to protect the wildlife that lives in these parks and preserve the land so that it exists for generations to come. The Great Smoky Mountains National Park houses over 522,000 acres of land that lies between North Carolina and Tennessee. With more than 11.3 million recreational visits in 2016, it is no wonder why specific rules are put in place to keep this land protected. Since the Great Smoky Mountains National Park is federally owned, those who violate these laws can be prosecuted at the federal level and face federal criminal charges and penalties. This level of crime can lead to severe legal consequences, making it crucial to understand the laws before stepping foot on the grounds.

Park Land Is Not Open Land

One of the benefits of the national parks is being able to see wildlife up close and personal. However, not all land in the national parks is open all year round and there are distance regulations put in place to protect the animals. It is strictly forbidden to approach any wildlife within 50 yards or within any distance that disturbs/displaces the wildlife. It is also prohibited to feed the wildlife. Designated fields within the park are closed in May and June as well as in September and October as these are elk calving and breeding seasons. It is a good idea to map your route and do your research before entering the park to be sure that you are complying with the park’s rules.

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 Posted on May 27,2020 in Drug Crimes

Many states have made the transition to legalize marijuana in one form or another. States such as Colorado have taken a more liberal approach, legalizing all forms of the drug, while others only allow their residents to consume the drugs for medical purposes. Tennessee is one of the most conservative states when it comes to cannabis, with all forms remaining illegal. The state divides drugs into categories known as schedules, and marijuana is a Schedule I drug. Substances that fall under this schedule are always illegal, even medically. In order to legalize marijuana in any form, it would need to be moved to a lower category, thus decriminalizing it. Although this may seem out of reach, Tennessee lawmakers may be taking steps in this direction, which would change how drug crimes are charged in the state.

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 Posted on May 01,2020 in Criminal Defense

Every city and state has particular crime tendencies that shift year to year, and Tennessee is no exception. There are two levels of offenses identified by Tennessee law enforcement — Group A and Group B. Group A offenses, are much more serious and the list is much longer than Group B. Examples of these include arson, homicide, fraud, and human trafficking. Group B includes offenses such as disorderly conduct and driving under the influence (DUI). There were approximately 552,000 Group A offenses reported in 2018. We have outlined the top five Group A offenses from the most recent data released by the Tennessee Bureau of Investigation. In 2018, the following crimes had the highest numbers:

Simple Assault

There are two levels of assault, with simple assault being a less serious crime. In 2018, a little over 81,000 simple assault cases were reported. A person who knowingly, intentionally, or recklessly inflicts physical injury or causes someone to fear physical injury may be charged with assault. This is a Class A misdemeanor that can lead to incarceration of up to one year and fines up to $15,000.

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 Posted on April 28,2020 in Criminal Defense

To some, cyberbullying may seem like a phenomenon that is dramatized on television, but with the rise of technology and cell phones in the hands of young people, cyberbullying is a real issue that many children face. It is not uncommon for minors to get caught up in cyberbullying, since many may not recognize that what they are doing is considered bullying. The good and the bad thing about technology is that it records everything. In other words, if your son or daughter has been a victim of cyberbullying or has been the one sending the mean messages, there is likely evidence that can be used for or against them. For those being bullied, this can lead to the necessary justice that may not be possible without technology. However, for those doing this bullying, this could lead to juvenile criminal charges in Tennessee.

What Actions Are Considered “Cyberbullying?”

Cyberbullying holds the same weight and meaning as any other form of bullying, but it involves actions committed through electronic means. Schools can take action against any form of bullying or harassment to try to protect their students. In Tennessee, any of the following can be considered harassment, intimidation, or bullying:

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 Posted on April 07,2020 in Criminal Defense

At the start of each year, many states have a new set of laws that go into effect. This legislation may address anything from healthcare to drug regulations to gun rights. Laws regarding the Second Amendment often create a divide between the state’s citizens, with people choosing a side and sticking to it. This past January, new regulations regarding firearms went into effect in Tennessee. Labeled as a “red state,” it is not surprising that Tennessee does not shy away from allowing citizens to carry guns. It is important to have a good understanding of what these changes mean for citizens to avoid facing criminal charges as a result of misunderstanding the law

One Permit Becomes Two

Tennessee has transitioned from allowing its citizens to obtain a single handgun permit to now providing them with two options from which to choose. The existing handgun permit in Tennessee allows citizens to carry a handgun openly or keep it concealed. Those who are 21 and older and have completed the proper training to obtain this handgun permit are able to decide how they would like to carry their handgun. At the start of the new year, a second type of permit was made available for those who would solely like permission to carry a handgun in a concealed manner. The existing handgun permit is now known as an “enhanced handgun carry permit,” while the new permit is labeled as a “concealed handgun carry permit.”

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 Posted on March 27,2020 in Traffic Violations

Sitting in the passenger seat with a new driver can make a short drive feel like a rollercoaster ride. Their inexperience on the road can lead to many close calls and unintentional traffic violations. Recognizing this danger, many states implement restrictions on new drivers’ licenses to give young motorists the driving experience they need while also limiting their freedom for safety purposes. What many students may not realize is that there are different levels of licenses, each of which comes with its own regulations. These restrictions may seem minimal as a new driver, but breaking them can lead to traffic violations and legal consequences moving forward.

What Are the Different License Levels?

There are four license levels recognized in the state of Tennessee, and each has its own restrictions:

1. Learner Permit (PD): Though this may not be considered a full-fledged driver’s license, a learner permit allows those at least 15 years of age to drive. Anyone who has a learner permit must be accompanied by a licensed driver in the front seat who is 21 years or older at all times. These drivers are not allowed to drive after 10 pm or before 6 am. Every passenger, regardless of their place in the car, must wear a seatbelt while the car is in motion. As is true with every level of driver in Tennessee, cell phone use is prohibited.

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