Law Office of Rob McKinney
View Our Practice Areas

Nashville DUI/DWI Law Blog

Were you the victim of police brutality?

If you experienced excessive force by a police officer while being under arrest in Tennessee, you may be the victim of police brutality. While many law enforcement officers treat their jobs with respect, and they follow the guidelines outlined by local, state and federal laws, some overstep the boundaries and treat the suspect wrong. If this occurs, a good attorney may be able to use it to your benefit in your case.

USA Today reports police brutality occurs more often to minorities, although it can happen to any suspect. While the law gives police officers some leeway in using a certain amount of force when arresting someone who is resisting, unjustified force is brutality. Although physical force is the most common and known type of brutality, it does not have to be physical. In fact, intimidation as well as verbal and emotional assault can be just as harmful to the suspect. 

Do I Need to Hire a Criminal Defense Attorney in Tennessee ?

You have three choices of representation if you are facing criminal charges in Tennessee. First, you can represent yourself. You will be facing a prosecutor who knows Tennessee criminal law, procedure and the rules of evidence. The prosecutor will also have experience before with the judge. Second, you can ask for the court to appoint a criminal defense attorney to represent you. It could be a private lawyer who accepts appointments from the court or a public defender. You will have no choice in who represents you and no knowledge of their skill level or experience. You will also have to meet income guidelines. Third, you can select and hire a criminal defense attorney based on what you want in a lawyer and what is important to you, such as experience, trial practice, and knowledge of criminal law. Maybe a divorce lawyer that dabbles in defending those accused of a crime is who you want.

Criminal defense for teen computer hackers

Teenage computer hackers often find it easy to fly below the parental radar. Adults are generally not sophisticated when it comes to computer hacking, but there are a few things parents need to know.

Society has come a long way from the early days of internet technology. Smart teens, then as now, figured out how to worm their way into supposedly secure online areas. In the beginning, their fun was reasonably harmless. Juvenile hacking behavior fell under the kids-will-be-kids category. Most teens confined their activities to pirating software or pranking other teens.

How to answer common DUI questions

There are certain things you never want to do when the police pull you over on suspicion of drunk driving. You certainly do not want to follow the lead of one Tennessee woman who chugged an entire beer as the cops placed her in handcuffs. 

While it is easy to not chug a beer, you also want to be careful of how you answer certain questions police often ask during a stop. You do not want to potentially incriminate yourself by answering a question the wrong way. You can help your DUI defense by answering the following questions correctly. 

Do men have an advantage over women in breathalyzer testing?

Imagine you are driving home from happy hour with your girlfriends when a law enforcement officer stops you because you did not make a complete stop at a stop sign. He smells liquor on your breath and arrests you on suspicion of drunk driving. A breathalyzer test confirms a high blood alcohol content level, but you did not have that much to drink. Is the test fair?

Understanding the role of a protective order

Domestic violence can come in a variety of ways and be manifest in a variety of relationships. For example, a husband abusing his wife, a father abusing his son or even a girlfriend abusing her boyfriend. In each of these situations, the victim may be able to secure a protective order against the perpetrator of the abuse in Tennessee if they are prompt and thorough in seeking help. 

A protective order is designed to put some parameters in place regarding the type of contact that is and is not acceptable between two parties if there has been a history of abuse, assault or harassment. When sought in a timely manner and honored by both parties, a protective order has the potential to prevent further abuse and maintain peace between people. 

How much does a Tennessee DUI raise your auto insurance rates?

Having a conviction for driving under the influence on your Tennessee record can have a significant impact on many areas of your life, potentially affecting everything from your bank account to your ability to find and hold down a job. On the financial side, you will need to pay fines relating to your charge, and you may, too, need to pay to have an ignition interlock device installed on your car once you get your license back, among related expenditures.

While these expenses can add up quickly, reports that a DUI conviction will also undoubtedly have a serious impact on your automotive insurance rates. Across the country, DUI convictions generally raise drivers’ insurance rates by anywhere between 28 and 371 percent, with the exact percentage varying based on insurance policies, geography and so on. So, how much can the typical Tennessee motorist expect to have to pay for car insurance following a DUI conviction?

Will I Go To Jail For My 1st Domestic Violence Conviction In Tennessee ?

Will you go to jail on a first offense domestic violence charge in Tennessee? In most cases, there is no jail time imposed on a first offense domestic violence charge, but it may depend on the county where the charges are filed. Every jurisdiction handles domestic violence cases slightly differently.

Eyewitness lineups may lead to wrongful convictions

Contrary to what many believe, not all people sentenced to spend time behind bars are guilty of committing a crime. In fact, there are a number of innocent people who have been wrongfully convicted of a crime they did not commit. According to the Innocence Project, there are many factors that can lead to a wrongful conviction. Eyewitness misidentification, however, is the most common error made in criminal trials. When people choose the wrong person out of a lineup, that person may be found guilty of committing a crime.

There are several reasons why eyewitness lineups can lead witnesses to choose the wrong suspect. First, the lineup administrator may inadvertently lead the witness by making comments or giving physical clues as to who the suspect is. Ideally, the administrator should have no knowledge of the details of the crime to prevent this from happening. Furthermore, the lineup must be organized so that there is more than one person in the lineup that meets the suspect’s description. For example, if the perpetrator has a beard and was wearing a hat, there should be more than one person in the lineup with a beard and wearing a hat. The witness should also be instructed that the suspect may or may not be present in the lineup. All lineups should be taped so the judge can review the procedure to ensure all proper methods were used.

Why Should I Hire A Lawyer Before I Am Charged With A Crime ?

Sometimes criminal investigations start before one is arrested. It may begin with a knock on the door. The police use the knock and talk technique as a way to get you to confess or search your house. Other investigations begin with "I want to get your side of the story" which leads into you giving a statement. Our office is often contacted at the beginning of a criminal investigation. There are many excellent reasons you should get a lawyer early.


214 2nd Ave N.
Suite 400
Nashville, TN 37201

Toll Free: 866-603-2842
Phone: 615-649-5824
Fax: 615-242-5967
Nashville Law Office Map

Back To Top