The Advantage Of Knowing How The Other Side Thinks

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Franklin Criminal Defense Legal Blog

How can a Medical Condition factor into your recent DUI accusation?

Whether you always enjoyed keggers or don't like drinking beer at all, you probably understand the seriousness of a driving under intoxication (DUI) charge. And if the police have ever pulled you over after just one drink, you know how scary it can be to see those flashing lights in your rearview mirror.

You might agree that there should be consequences for people who hurt someone while driving drunk. At the same time, you may have gotten behind the wheel while buzzed. However, while you understand the possible consequences a drunk driving charge can have on your life, can you imagine facing arrest when you haven't consumed any alcohol at all?

Why would someone abuse their partner?

Domestic abuse tends to be a controversial topic of conversation for multiple reasons. It can be challenging to understand why someone would behave violently toward someone they claim to care about.

You might question why an abused person remains in their relationship. And the serious consequences someone could face for domestic violence allegations may make matters even more confusing. Though, while you may find it hard to identify with someone who reportedly treats their partner poorly, you might be interested in learning about why these situations exist and what abusers have in common.

What is the process for obtaining an order for protection (OFP)?

To get an Order of Protection, the process is relatively straightforward. The usual process is as follows:

  • You fill out a Petition for Orders of Protection with the information that supports the request. You will need to swear under oath that these statements are truthful, so be clear in what you include in the petition.
  • After the magistrate reviews your request, they will usually issue an ex parte Order of Protection, which is a temporary order that stops the other party from contacting you for any reason. Keep this order with you at all times.
  • An ex parte hearing is then set (normally within 15 days).
  • The accused will be served with a notice of the hearing. The police or sheriff will deliver it if you have a temporary protection order, since you will not want to be in touch with that party.

After all this happens, the hearing will take place. As the person who petitioned the court, you need to show that the respondent committed domestic abuse, stalking or sexual assault. You will have to convince the judge that your safety is at risk and that you need a longer Order of Protection moving forward.

Drunk driving isn’t limited to motorized vehicles

As an experienced driver, you probably do not think about potential safety risks as you shift your car into gear. Confident in your capabilities, you might not consider what is going on with other people around you.

However, deputies recently arrested a Tennessee man for riding a horse down a road. While this may be common statewide, the determining factor in this arrest likely stemmed from the man’s alleged intoxication.

How can you get a DUI if you're not even drunk?

Tennessee's Highway Patrol routinely cracks down on drunk driving around the holidays. Usually, this means that officers field sobriety checkpoints and pay extra attention to suspicious driving. But this extra attention can sometimes lead officers to make DUI arrests against people who aren't even drunk.

How is this possible? There are several factors at play because Tennessee's definition of DUI isn't based solely on your BAC. Instead, you can be charged with a DUI if your BAC is .08 percent or higher or if you use a vehicle while "under the influence" of alcohol or other drugs.

When does shopping become a criminal offense?

Inevitably, you will shop for something at some point. Whether you need groceries, school supplies for your children or found a pair of shoes you want, commerce is an integral part of life.

No matter your income level, you probably come across things you want, like or wish you could afford on a regular basis. The temptation to sneak something out of a store may be real. However, so are the penalties.

Using your phone could result in a criminal record

When you think of criminal offenses, crime shows or heinous acts you saw reported on the news might come to mind. You may even think of those involved as “criminals,” rather than people who are facing allegations.

However, with the new laws that took effect in Tennessee, criminal charges might entail much more than you think. In some cases, you could face a misdemeanor for using your phone.

Private schools: Can trouble with the law result in expulsion?

If your child has done something wrong, you're likely dealing with the fallout. You may have court dates, need to speak with law enforcement, have attorney visits and more to do. On top of that, your child's private school might get involved.

Most people who enroll their children in private school do so through a contract. They contract the school to teach their children in exchange for following the school's rules of conduct, paying dues on time and upholding the school's standards.

Damaging another person’s property may have serious consequences

When you are involved in an emotionally-heated situation with someone close to you, your anger could cause you to act irrationally. And in some cases, if you and an ex are upset with each other, any variety of allegations could result.

According to recent news reports, a contestant from the Miss Hooters Tennessee pageant faces charges of vandalism and aggravated burglary for allegedly destroying her ex-boyfriend’s house after he broke up with her. However, while you might be familiar with the allegations she faces, you may wonder whether you fully understand the state’s vandalism laws.

How drunk is Independence Day?

It is common for people to consume alcohol on holidays; even if you do not drink, you could experience the after-effects of those who do.

Although people tend to drink more on holidays than on average days, alcohol consumption tends to vary by holiday. Keeping that in mind, there are some things you should be aware of before getting on the road after fireworks this year.

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