Nashville Criminal Lawyers Explain: The ONLY way to BEAT a DUI in Tennessee

Often, I’ll see other DUI attorneys offer advice as to how to ‘beat a DUI’. If you look closely at the suggestions, they aren’t actually offering advice on beating a DUI. They are 1.) Offering standard tips which are common sense if you’ve been drinking (or arrested), or they 2.) Consist of reasons DUI charges are often reduced or dismissed. The latter consist of things entirely out of your control, such as whether the officer followed proper procedures in administering sobriety tests and breathalyzer. It is typically good advice, but don’t buy into the thought that there is any fool proof way to ‘beat a DUI’ – with two exceptions.

Two ways to absolutely ‘beat’ a DUI in Tennessee include:

1. Not drinking (or using other substances which impair your ability to drive); and/or

2. Not driving

The most common reasons DUI charges may be reduced or dismissed is the most important reason you need a DUI lawyer. They are legal issues which are important factors that need to be examined by a DUI lawyer and could greatly affect your DUI case (and, whether or not you receive a DUI conviction). Without a DUI lawyer, most people would be entirely unaware that their constitutional rights have been violated or that the evidence may be flawed and inadmissible in court.

Some of those reasons include:

1. The Reason the Officer Stopped You: Police officer’s generally cannot stop you without some justification. If the officer stopped you without probable cause (or for a traffic violation), all of your statements and any evidence obtained after the stop may be subject to being suppressed. Suppressed means the evidence would not be admissible at trial and the prosecuting DUI attorney (who has the burden to prove a crime was committed) has lost all or portions of key evidence to establish you were driving while intoxicated.

2. Whether the officer followed the appropriate methods in administering the breathalyzer: A breathalyzer is a finicky device that requires calibration and very particular manner in which it is administered. Officers are required to observe you closely for at least 20 minutes prior to administering the breathalyzer to ensure you haven’t burped or done something else which may affect its reading. There are many ‘rules’ which DUI officers must follow while administering the breathalyzer and if those ‘rules’ are broken, the breathalyzer results can be very unreliable.

3. Who administered the breathalyzer? Not just any police officer can administer the breathalyzer test in Tennessee. Those officers must be certified and have specialized training in administering the tests. In Nashville, there are only a handful of DUI officers who have received this training. If an officer who has not received the proper training  in administering the test, it would not be admissible in your DUI case.

In short, the primary reason DUI charges are reduced or dismissed are due to problems related to the stop (ie: whether they had probable cause; whether there was a traffic violation) or problems related to the tests administered. Aside from those factors, there are other factors which give certain weight to the strength of a DUI charge in Tennessee. For example,

-        Failure to Read You Your Miranda Rights. If, and only if, you made statements to the officer after you were arrested, but prior to them reading you your Miranda Rights, those statements are subject to being suppressed and not admissible at your DUI trial.

-        Medical and Health Related Problems. Sometimes the officer’s observations are inaccurate because they are unaware of certain health related problems of the driver. For example, a speech impediment may cause an officer to believe an individual has been drinking. A permanently impaired leg may cause the officer to believe the driver is unstable on his feet due to alcohol consumption. Any health related problem the person facing a DUI charge may have needs to be examined by a DUI lawyer and those critical facts need to be brought to the prosecuting attorney’s attention.

-        Credibility of the Police Officer. If a police officer has had any disciplinary action taken against them, it may tend to discredit an officer’s assertion that your speech was slurred, there was an odor of alcohol coming from the vehicle and that your eyes were watery and bloodshot.

-        Bad Weather. The weather conditions surrounding the stop could be very important. If the initial stop was due to the driver swerving and driving 20 mph below the speed limit – and there was 3 inches of ice on the road, the officer’s stop is unreasonable and may lack probable cause. The driver’s behavior was normal given the current conditions. Rain, sleet, wind, and ice all are examples of conditions which may affect how we drive and at the very least should be discussed as to whether this is a factor which could impact your DUI case.

These are just a few issues which need to be examined by a DUI lawyer. There is no ‘way to beat a DUI’, unless you entirely refrain from drinking, drugs and driving. There are however complex legal issues which need to be examined by a DUI lawyer to ensure that your rights are being protected and that the evidence which is being used against you in the DUI case is admissible.

Information Provided By: 

Shipman & Crim, PLC

Attorneys at Law

332 White Bridge Pike

Nashville, Tennessee 37209 

Office: (615) 829 - 8259

Web: www.nashvilleattorneynow.com 

Disclaimer: The provided information is not intended to create an attorney-client relationship. All questions regarding a specific case should be directed to an attorney. This is advertising material for Shipman & Crim, PLC. 

Nashville Criminal Lawyers Provides Discount for Active Military

For our soldiers stationed at Fort Campbell, or any other active military we now offer a 25% discount off for our services. Don’t let drinking and celebrating a night out in Nashville ruin your military career. If you find yourself in trouble, contact our Nashville DUI lawyers immediately. Communications always remain confidential and we will make every effort to resolve the situation as swiftly and favorably as possible.

We also offer free consultations for criminal cases, DUI cases, personal injury, and domestic cases.

Call us today with any questions at (615) 829 - 8259. It’s the least we can do.

Provided by:

Shipman & Crim, PLC

Attorneys at Law

332 White Bridge Pike

Nashville, Tennessee 37209

(615) 829 - 8259

Nashville Criminal Lawyers Explain Self Defense in Tennessee: When can I use Deadly Force for Protection?

A fundamental tenant of responsible gun ownership is knowing under what circumstances the use of deadly force is permitted. This Nashville criminal lawyer blog article is intended to educate citizens in Tennessee of their rights generally as to self-defense however is not intended as legal advice (as every case is different). We will first discuss “When” and then, more importantly, “Where” you can use deadly force.

When may I use Deadly Force?  (Deadly Force being defined by Tennessee law as “force intended or likely to cause death or serious bodily injury.”)

The use of deadly force is permitted when a person, who is not engaged in unlawful activity and is in a place where the person has the right to be:

1. Has a reasonable belief that there is an imminent danger of death or serious bodily injury;

2. The danger creating the belief of imminent death or serious bodily injury is real, or honestly believed to be real at the time; AND

3. The belief of danger is founded upon reasonable grounds.

Furthermore, there is no duty to retreat before the threat or use of deadly force where the above circumstances exist.  This is an important distinction from other States that require an attempt to flee the scene, or exit a home to escape an intruder.

Where may I use Deadly Force? – The “Castle Doctrine.”

Here is where Tennessee law most strongly protects the right of a person to use deadly force, using an expanded version of the old adage that a person’s home is their “Castle.”  Using the same criteria above, Tennessee law provides a person the presumption that they have a “reasonable belief that there is an imminent danger of death or serious bodily injury,” when the person using deadly force is inside their:

1. Residence – a dwelling in which a person resides, either temporarily or permanently, or is visiting as an invited guest, or any dwelling, building or other appurtenance within the “curtilage” of the residence.  Curtilage being defined as the area surrounding a dwelling that is necessary, convenient and habitually used for family purposes and for those activities associated with the sanctity of a person's home.

2. Business – a commercial enterprise or establishment owned by a person as all or part of the person's livelihood or is under the owner's control or who is an employee or agent of the owner with responsibility for protecting persons and property and shall include the interior and exterior premises of the business;

3. Dwelling – a building or conveyance of any kind, including any attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, that has a roof over it, including a tent, and is designed for or capable of use by people.

4. Vehicle –  any motorized vehicle that is self-propelled and designed for use on public highways to transport people or property.

Of course the person using deadly force may only do so against another person who unlawfully and forcibly enters, or has unlawfully and forcibly entered the residence, business, dwelling or vehicle, and the person using defensive force knew or had reason to believe that an unlawful and forcible entry occurred.

Clearly the circumstances under which the other person made entry into the residence, business, dwelling, or vehicle is a factor in determining whether the use of deadly force is permissible.  The presumption described above does not apply in these obvious situations:

1. The person against whom the force is used has the right to be in or is a lawful resident of the dwelling, business, residence, or vehicle, such as an owner, lessee, or titleholder; provided, that the person is not prohibited from entering the dwelling, business, residence, or occupied vehicle by an order of protection, injunction for protection from domestic abuse, or a court order of no contact against that person.

2. The person against whom the force is used is attempting to remove a person or persons who is a child or grandchild of, or is otherwise in the lawful custody or under the lawful guardianship of, the person against whom the defensive force is used;

3. The person using force is engaged in an unlawful activity or is using the dwelling, business, residence, or occupied vehicle to further an unlawful activity; or

4. The person against whom force is used is a law enforcement officer, as defined in T.C.A. § 39-11-106, who enters or attempts to enter a dwelling, business, residence, or vehicle in the performance of the officer's official duties, and the officer identified the officer in accordance with any applicable law, or the person using force knew or reasonably should have known that the person entering or attempting to enter was a law enforcement officer.

Simply put, you are not afforded the presumption that you are in fear for your life if the person entering the residence, business, dwelling, or vehicle has the right to be there, they have the right to remove a person of whom they have lawful custody, the person is a law enforcement officer, or you are engaged in illegal activity.

Lastly, before providing the definitions of Residence, Business, Dwelling, and Vehicle, these are the specifically listed times that the use or even threat Deadly Force is NOT permitted:

1. If the person using force consented to the exact force used or attempted by the other individual;
2. If the person using force provoked the other individual's use or attempted use of unlawful force, unless the person using force abandons the encounter or clearly communicates to the other the intent to do so, and the other person nevertheless continues or attempts to use unlawful force against the person.
3. To resist a halt at a roadblock, arrest, search, or stop and frisk that the person using force knows is being made by a law enforcement officer, unless the law enforcement officer uses or attempts to use greater force than necessary to make the arrest, search, stop and frisk, or halt; and the person using force reasonably believes that the force is immediately necessary to protect against the law enforcement officer's use or attempted use of greater force than necessary.

May I use Deadly Force to protect my personal property or to ward off a trespasser on my land?

Deadly Force is NEVER PERMITTED to protect personal property or real estate.

Tennessee Code Annotated section 39-11-614 (c) clearly states that “Unless a person is justified in using deadly force as otherwise provided by law, a person is not justified in using deadly force to prevent or terminate the other's trespass on real estate or unlawful interference with personal property.”

Tennessee law provides strong protections for its citizens who are engaged in lawful activities. If you have been charged with any crime in Tennessee which you belief you were justified in using deadly force to defend yourself, always consult with a criminal defense lawyer. 

Provided by:

Shipman & Crim, PLC

Attorneys at Law

332 White Bridge Pike

Nashville, Tennessee 37209

(615) 829 - 8259

Nashville Criminal Lawyers Explain Gun Ownership Without a Permit in Tennessee

I have been asked by several people who have either recently lawfully purchased a firearm or are considering purchasing a firearm, where they can keep the firearm and how to lawfully transport the firearm in their vehicle if they are going hunting or to the shooting range.  I would like to take each in order, with the caveat that this applies to firearms owners who are legally permitted to own firearms (persons of proper age, no felony convictions, not under the influence, etc.) who are in possession of firearms in legally permitted areas (not restricted areas such as school property, courthouses, government buildings, public parks, etc.), but do not have a valid handgun carry permit under T.C.A. section 39-17-1351.

Where can I keep or store a firearm?

It is permissible to keep or store a loaded rifle, shotgun, or handgun at:

1. Your place of residence.
2. Your place of business.

I do not have a handgun carry permit.  Can I legally transport a firearm in my vehicle?

Yes.  You can transport a firearm in a vehicle if:

1. The rifle, shotgun, or handgun is unloaded;
2. The rifle, shotgun, or handgun is not concealed on or about your person;
3. Any ammunition for the rifle, shotgun, or handgun is not in the immediate vicinity of you or the firearm; and
4. You are not in a restricted area, such as a school, park, playground, civic center, public recreational grounds, penal institution, government building, and place where judicial proceedings are in progress, or any other meetings where the agent elects to prohibit the carrying of a firearm and provides notice under T.C.A. section 39-17-1359.

Remember: Always be responsible with firearms.

Tennessee law is very favorable to lawful and responsible firearms owners.  Furthermore, there are several providers of competent firearms training courses in Middle Tennessee.  All firearms owners are encouraged to complete basic firearms training.

Tennessee law also permits the appropriate candidate, with the proper training, to obtain a permit to carry a handgun in the State of Tennessee. If you are interested in obtaining information about applying for a Tennessee Handgun Carry Permit, please contact your Nashville Attorney now at (615) 829 - 8259.

Provided by:

Joel W. Crim

Shipman & Crim, PLC

Attorneys at Law

332 White Bridge Pike

Nashville, Tennessee 37209

(615) 829 - 8259

Nashville DUI Lawyers Random Fact

The ‘breathalyzer’ is actually the brand name of the breath analyzer products originally developed and sold by…Smith and Wesson…the largest manufacturer of handguns in the United States.