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Nashville DUI/DWI Law Blog

What is the new cell phone domestic violence law?

Domestic violence situations are some of the most sensitive situations handled under the law. If you have been a victim of domestic violence, you know how tough it is to get completely away from your abuser. One way many abusive partners maintain control over their victims is through their cell phones. You probably have a cell phone under a plan. If your plan is in the name of your abuser, it allows him or her to maintain contact with you and even find out where you are at any given time. According to the Tennessee State Courts, lawmakers recently passed a law that makes it easier for victims to seek their independence through their cell phones.

This new law allows you to get an order from the court to have your phone separated from the current plan. This allows you to take your phone and your number to your own plan where your abuser no longer can have access to it. He or she cannot use location services to know where you are, which helps keep you safe and allows you to really get away.

Why road rage is becoming so commonplace

While possibly every Tennessee driver has given in to aggressive behavior such as speeding or ignoring a traffic signal at least once, road rage is not quite so widespread. However, more and more motorists are finding that they are losing their tempers to a degree that they may not experience when not behind the wheel. According to WebMD, this is not simply a perceived phenomenon; road rage has deep psychological roots.

One of the causes of this level of anger is crowding. Scientists say that the sheer volume of traffic can lead to enough stress to send some people spiraling into rage. The violence that typically follows is in part due to the fact that when people are in their vehicles, they do not always see each other as individuals. Instead, they see vehicles where, in another situation, they would be face to face with another human being. This dehumanization is a major factor in whether an angry driver actually acts on his or her feelings.

Most common crimes in Nashville according to 2017 statistics

Crime is a fascinating subject. It is interesting to learn about the details of criminal offenses, including which are most common and what motivates people to commit illegal acts. 

You may be curious about the statistics of criminal acts in the Nashville area. Thanks to the Tennessee Bureau of Investigation, we can find out which offenses are most prevalent. Here are some intriguing details about the most common crimes reported by the Nashville Metro Police Department in 2017. 

Why Tennessee's Criminal Discovery Rules Are Obsolete ?

It is high time that Tennessee's criminal discovery rules change. Here is just one example. The Tennessee Bar Journal reported on a recent disciplinary sanction for a Tennessee lawyer. The lawyer wrote a book on a couple of murder trials that he had prosecuted. In the book, he discusses some facts that were not disclosed to the accused. It was an apparent Brady violation to not disclose favorable or exculpatory evidence to the defense. Once the convicted murderer discovered the disclosure, he filed a bar complaint, a motion for a new trial and a petition error coram nobis. It was alright for the lawyer to disclose the facts to sell his book, but the violation came from him withholding those facts from the defendant during the trial. Both federal and state prosecutors in Tennessee have banded together to fight the Tennessee Board of Professional Responsibility's new ethical rules mandating the disclosure of favorable or exculpatory evidence in criminal matters.

Nashville,TN. DUI on a Scooter

If you have not noticed yet, Downtown Nashville has been recently flooded with Lime and Bird scooters. They are on nearly every sidewalk. Drive downtown and you will soon realize what a traffic hazard they are. WSMV ran a story of the increased business at Vanderbilt's Trauma Unit. In addition to a safety hazard, are these scooters also a legal hazard?

What penalties do Tennessee’s repeat DUI offenders face?

The first time you receive a conviction for driving under the influence in Tennessee, you can anticipate harsh penalties, but, as you might expect, the penalties you potentially face increase in severity with any subsequent DUI arrest. Therefore, if you have had the unfortunate experience of having authorities place you under arrest for drinking and driving and you received a similar conviction in the past, it is important that you recognize the magnitude of what you now face.

According to the Tennessee Department of Safety & Homeland Security, you face numerous penalties if convicted of a second Tennessee DUI, many of which can potentially impact your ability to, among other things, earn a living. For example, in addition to spending between 45 days and almost a year in jail, you will have to pay a mandatory fine ranging between $600 and $5,000 and turn over your license for two years, which can substantially hinder your employment prospects. You will also face other repercussions related to a second Tennessee DUI conviction, including mandatory use of an ignition interlock device for a period and mandatory substance abuse treatment requirements.

Nashville,TN. Weapon Charges Alert

Recently, Nashville Davidson County District Attorney Glenn Funk initiated a change in how to handle weapons charges in General Sessions Court. All weapons charges are to move through the system to Criminal Court, rather than potentially settling in General Sessions. This new policy is in response to the increase in crimes involving firearms. Part of the new directive is mandatory jail time. No plea bargains will be offered in firearm cases without some jail time. If you wish to avoid jail time, your only options are to either go to trial or plead guilty and have a sentencing hearing.

Understanding Tennessee’s criminal record expungement process

As a Tennessee resident with a criminal record, you may find that having a record hinders your ability to do any number of different things. Depending on the details of your criminal case, you may find that it prevents you from finding a job or housing, for example, but there may be certain steps you can take to eliminate the damage your criminal record causes. At the Law Office of Rob McKinney, we understand what types of criminal cases are typically eligible for expungement, and we have helped many clients navigate the process and minimize the impact their criminal records have on their lives.

According to the Tennessee State Courts, the first step in the expungement process involves determining whether you are eligible for expungement in the first place. You may, for example, be able to move forward with a fee-free expungement if a judge dismissed the charges filed against you, or if a grand jury issued a “no true bill” in response to your case.

Pulled over? Avoid these 3 mistakes

Seeing a police car in your rearview mirror is often a frightening experience, even if you were not doing anything wrong at the time. When your emotions run high and you feel you are innocent, you may make some mistakes when interacting with a police officer. 

However, missteps can result in you getting a ticket or criminal charge that you may not have received otherwise. Here are a few crucial mistakes to avoid when the police pull you over. 

Crimes that become more common during the holidays

Even though the holiday season is full of joy, gift-giving, family and celebration, that does not mean it is a completely innocent and safe time of year. In fact, certain crimes become more common during the holidays. Retail crimes like shoplifting and shipment thefts skyrocket by 30 percent. 

It may be surprising to learn that criminal activity becomes more widespread during a season that should be about giving and feeling joyous. Here are some criminal offenses that are more prevalent during this wonderful yet dangerous time of year. 

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