Discuss Your Legal Concerns With An Experienced And Compassionate Lawyer.
Hablamos Español
615-366-1211
Saenz & Maniatis, PLLC

Criminal Defense Archives

What Should I Do During a Traffic Stop?

Know Your Rights during a Traffic Stop Seeing blue lights in your rear view mirror gives most people anxiety. Police officers need reasonable suspicion to stop and detain you, but Tennessee law also gives officers huge leeway in their "community caretaking" function when interacting with citizens. It is important to know your rights during any police encounter, especially when on the road, whether at a DUI checkpoint, or during a traffic stop.

Conozca Sus Derechos Durante una Parada de Tráfico

Ver luces azules en el espejo retrovisor generalmente causa ansiedad en la mayoría de las personas. Los oficiales de policía necesitan sospechas razonables para detenerlo y detenerlo, pero la ley de Tennessee también les da a los oficiales un gran margen de maniobra en su función de "cuidado comunitario" cuando interactúan con los ciudadanos. Es importante conocer sus derechos durante cualquier encuentro policial, especialmente cuando está en la carretera, ya sea en un punto de control de DUI o durante una parada de tráfico.

Supreme Court: warrant isn't generally needed to draw blood

In a 5-4 case, the United States Supreme Court ruled that a warrant is not generally needed to draw blood from an unconscious person suspected of DUI. In the case of Mitchell v. Wisconsin, the Court's Opinion stated that police are almost always allowed to order a blood draw from an unconscious driver without a warrant when they have probable case to believe the person was driving drunk.

Do I need a Tennessee Real ID?

The REAL ID Act of 2005 established security standards for the issuance of identifiction documents, and prohibited federal agencies from accepting those documents that did not adhere to the Act. It has been up to the individual states to issue driver licenses and identification that comply with the Act. Many have not done so.

Supreme Court extends exceptions to warrant requirement

In the recent 2019 case of State v. McElrath, the Tennessee Supreme Court adopted a good-faith exception to the requirement of a warrant when police officers make mistakes that are the result of negligence and not reckless disregard or a systemic error. Any evidence obtained under this exception will not be suppressed in court. So what does this mean?

How much marijuana is a felony?

In Tennessee, if you are in possession over a certain amount of marijuana, you will likely be charged with felony. You can also be charged if you possess less than the threshold amount, but other circumstances are present that indicate the manufacture of or intention to sell marijuana--such as plants, scales, and baggies.

30 Days Jail Time for DUI when Child in Car

Tennessee DUI laws provide mandatory minimum sentences, and sentence enhancement factors, for those who are convicted. A DUI first offense carries a minimum sentence of 48 hours in jail and a $350.00 fine, among other things. This minimum sentence however can be increased in several ways. For example, if your blood alcohol level is 0.20% or higher, the minimum sentence is raised to 7 days, even on a first offense. For those charged with DUI with a minor in the vehicle, the minimum jail time is substantially increased to 30 days. Read on to understand the different sentence enhancements and criminal charges that can be brought against you.

Federal Judge: Tennessee Must Reinstate Driver Licenses Revoked for Failure to Pay

A federal judge ruled that the state of Tennessee cannot revoke driver licenses for those who cannot afford to pay their court costs, and must reinstate those previously revoked. The State has appealed the decision.

How does a Breathalyzer work?

A breathalyzer does not actually measure blood alcohol content or concentration, which would require a blood sample. There are big differences between the small handheld breathalyzers used in the field, and the larger devices at police stations. Small breathalyzers may justify an arrest, but may not be admissible evidence in court. So how does it work?

Contact the Firm

Get Legal Help Today

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Office Location

Saenz & Maniatis, PLLC 2874 Elm Hill Pike Nashville, TN 37214 Phone: 615-366-1211 Phone: 615-366-1611 Fax: 615-366-1611 Nashville Law Office Map

Review Us