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Can overserving be a legitimate defense to a DUI?

On behalf of on Friday, August 17, 2018.

When frequenting a bar or restaurant in the state of Tennessee, you have the right to be served the amount of alcohol that you specifically request. Since alcohol is a depressant, those ordering alcohol need to be aware of how much they are consuming. This is so that they can make sensible decisions and keep themselves safe.

However, overserving is a phenomenon that is more common than one might think. Many bars overserve alcohol in an attempt to intoxicate the customer in the hope that they will then buy more. This is irresponsible and unlawful behavior.

Even traffic stops warrant legal scrutiny

On behalf of posted in misdemeanors on Thursday, August 9, 2018.

Many people have been in the unfortunate situation of being pulled over by police for a traffic violation. Often, people pay the fine and move on.

However, if that traffic stop turns into serious criminal charges, close inspection of the stop can be critical to determine if it was lawful in the first place. In some cases, the courts may dismiss criminal charges if the stop was improper. That was the case in another state recently.

5 factors that can lead to additional property crime charges

On behalf of posted in theft & property crimes on Wednesday, July 25, 2018.

Taking something without permission is a very general way to describe numerous types of criminal offenses, from embezzlement to burglary. As such, people don't always appreciate the fact that there are many distinct theft-related offenses for which a person may be arrested. 

There are also several different elements of a specific case that could lead to additional counts or escalated criminal charges.

4 consequences of domestic assault allegations

On behalf of posted in domestic violence on Wednesday, July 11, 2018.

When partners and family members fight, there is the potential for an argument to spiral out of control. Add in factors like alcohol or drugs, and the situation can become even more volatile. Under these circumstances, altercations can come to an abrupt end when police show up and make an arrest.

If this has happened to you and you wound up in handcuffs and arrested, it is crucial that you take your situation seriously and seek legal counsel. Even if you think you didn't do anything wrong, domestic violence allegations can still cause damage. 

3 things to remember about DUIs this Fourth of July

On behalf of posted in drunk driving on Wednesday, June 27, 2018.

Fourth of July is coming up next week, and while it falls in the middle of the week this year, people across Tennessee will still be out celebrating. People go to parades; they host barbecues; they go to see live music and fireworks.

Often, these holiday-related celebrations go hand-in-hand with having at least a couple alcoholic drinks, so it is important to keep a few important things in mind about holidays like the Fourth of July and drunk driving.

The consequences of refusing a Breathalyzer test in Tennessee

On behalf of on Friday, June 22, 2018.

In the United States, it is against the law to operate any vehicle while under the influence of alcohol or drugs. When it comes to driving under the influence of alcohol, the legal limit is defined by a blood alcohol concentration (BAC) of 0.08 percent.

In order to charge people with driving under the influence of alcohol, their BAC must be measured. While this is best done with a blood test or urine test, this is not practical when timing is critical and tests need to be done on the field. This is why Breathalyzer tests are used. While Breathalyzer tests are not as reliable as other forms of testing, they quickly analyze a person's saliva.

Common offenses for teens still have serious consequences

On behalf of posted in misdemeanors on Wednesday, June 13, 2018.

Being a teenager is not easy. Teens can wind up learning some very difficult lessons that change the rest of their lives. This can happen if a young person makes a bad decision that leads to criminal charges.

In these situations, teens can lose educational opportunities; their career aspirations can suffer; they could wind up paying for that mistake well into adulthood. Unfortunately, many teens do not recognize these and the other consequences of criminal acts. This is especially true when it comes to certain behaviors young people often consider harmless.

4 types of property crimes that occur during the summer

On behalf of posted in theft & property crimes on Thursday, May 31, 2018.

Summer is just around the corner, and that means that in a matter of weeks, kids and teenagers will be out of school and looking for ways to entertain themselves. Unfortunately, some of the things they wind up doing could get them into serious trouble.

For instance, some young people can end up accused of theft or other property crimes. As this article notes, certain types of property crimes increase by as much as 12 percent during the summer months. 

Looking beyond the numbers on a breath test

On behalf of posted in drunk driving on Wednesday, May 16, 2018.

One of the most common pieces of information that prosecutors use against a person accused of drunk driving is his or her results of a breath test showing that he or she was over the legal limit. 

However, the numbers on these breath tests warrant closer inspection, as they could be inaccurate. In recent years, researchers have detected flaws with the breath test machines that could lead to inflated numbers.

3 reasons why you must take misdemeanors seriously

On behalf of posted in misdemeanors on Wednesday, May 2, 2018.

Given the choice of facing a felony or a misdemeanor charge, people would choose a misdemeanor. This is because the consequences of a conviction for a misdemeanor offense are typically less severe than those for a felony conviction.

That being said, there are still penalties if a person pleads guilty or is convicted of a misdemeanor offense. It is a mistake to minimize these situations or assume you just need to plead guilty and move forward. Below, we explain three reasons why it is critical to take a misdemeanor charge -- and your defense against that charge -- seriously.

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