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Nashville DUI/DWI Law Blog

Signs of excessive alcohol consumption

The reason state government takes driving under the influence (DUI) so seriously is because alcohol consumption can dangerously impair the motor skills of Tennessee drivers. In fact, the Centers for Disease Control and Prevention states that almost a third of all traffic-related deaths involved alcohol consumption. Certain health signs can manifest after consuming alcohol, all of which should alert a person not to get behind the wheel.  

According to BacTrack, alcohol consumption can interfere with certain mental functions, including the ability to learn or take in new information. Recalling new information can be more difficult after taking a few drinks. An inebriated individual may also suffer a reduced attention span for about two days after drinking. Short term drinking can also exhaust a person more quickly by interfering with vitamin and mineral absorption into the body. Drowsiness, lightheadedness and even blackouts may occur.

Special concerns when falsely accused of cyber crime

Along with the increasing connectivity of the world and the prevalence of computers in our daily lives, we have been observing a corresponding increase in the number of our clients facing spurious allegations of cyber crime in Tennessee. At the Law Office of Rob McKinney, we consider it our duty as criminal defense attorneys to mitigate the long-term consequences this type of criminal charge might have for our clients. 

We understand that cyber crimes might confuse many individuals, even those who stand accused. It takes astounding effort to commit many of these crimes wittingly: a fact that we believe indemnifies many people against criminal conviction in cyber charges. The Wall Street Journal published a piece stating that, whereas technically minded lone hackers may once have carried out the majority of cyber crimes, many of these offenses are committed now by organized criminal institutions with which our clients have no association. 

2 defense strategies for fighting a prescription drug charge

Law enforcement everywhere is cracking down on the abuse of prescription medications. If you find yourself facing an illegal prescription drug charge in Nashville, you might be wondering what you can do to avoid a conviction. Drug charges are very serious and can derail your life in ways you cannot imagine. A conviction can result in jail time, a fine, a criminal record and other penalties. It is important for you to act swiftly to improve the chances of a favorable outcome. 

It is possible to build a good defense against the charge you have pending against you. Here is a brief overview of two illegal prescription drug charge defense strategies. 

Murfreesboro, Tennessee Criminal Law Alert

The criminal court process has changed recently in Murfreesboro, Tennessee. for the better. First, the back story on the change. Rutherford County,Tennessee, was sued in federal court for its use of a private probation company. One of the allegations was that folks on probation were kept on probation longer so the company could make more money in probation fees.The case was settled however some chamges were proposed.

Can a breathalyzer give a false positive?

If you get stopped on suspicion of driving under the influence of alcohol, you will likely be given a breathalyzer test by the officer. This is one test that Tennessee law allows to help the officer determine if you are under the influence of alcohol. It is done through a machine that measures your blood alcohol content.

According to BacTrack, a breathalyzer is not the most effective method of measuring BAC. An actual blood test is, but this is not something that can be done roadside in the moment when an officer needs the information, so breathalyzer tests have become common. 

Is it safe to use social media while awaiting trial?

When facing criminal charges in Tennessee, you may wonder if you can use social media. You may already realize how precarious your situation is and are reluctant to put yourself in further jeopardy. As much as you would like to turn back the clock, you cannot. Now, you must do what you can to improve your chances of getting an acceptable outcome.

You should continue going to work or school and doing all of the everyday and legal things you normally do. However, there are a couple of exceptions that you should keep in mind that involve the use of social media when you have criminal charges pending against you. 

Plea agreements and the potential reduction of consequences

That the burden of proving criminal action rests largely on the prosecution in Tennessee criminal cases does not mean that convictions are uncommon. In fact, from misdemeanor domestic assault to felony battery charges, there is a chance that long-term consequences for the defendant might be exacerbated by a criminal trial. In situations where a trial on the original charges is likely to lead to an undesireable outcome, many defendants choose to enter into a plea negotiation phase prior to setting a court date. 

The Tennessee State Courts Rules of Criminal Procedure allow for three basic types of pleas for criminal defense

  • Nolo contendre
  • Not guilty
  • Guilty

Domestic violence in the context of divorce

Tennessee divorce courts tend to consider a history of domestic violence an important deciding factor when deliberating on child custody terms. A record of abuse or violence might hamper a parent's ability to maintain a quality relationship with his or her child. Therefore, defendants standing accused of a domestic violence charge might benefit from prioritizing mitigation of the negative effects.

One thing many defendants are confused by is how a seemingly normal interaction with their partner could lead to criminal allegations. The American Association for Marriage and Family Therapy states that there are many different types of domestic violence. What some couples view as normal is sometimes considered domestic violence in the eyes of the law. Criminal cases must be decided on the legal definitions of violence rather than the opinions of the plaintiff or defendant.

What is the definition of stalking in Tennessee?

Have you been accused of being a stalker? Perhaps you have strong romantic feelings for someone or are concerned about that person. Human relationships can be confusing to navigate, and what may seem like innocent behavior to you could lead to a criminal charge of stalking. 

If you are facing stalking charges, you may be wondering what the law defines as stalking. You may think you were doing nothing wrong. Perhaps your were trying to help someone. Perhaps you were only attempting to mend a broken relationship. Perhaps you were genuinely interested in developing a friendly relationship. But law enforcement may see your behavior as going beyond innocent and healthy. Learn what constitutes stalking in Tennessee and what you should do about any charges you face.

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