MIDDLE TENNESSEE CRIMINAL DEFENSE LAWYER
Nashville Criminal Lawyer and Nashville DUI Lawyer Michael K. Walker handles various charges involving but not limited to Driving Under the Influence, Theft, Simple Possession, Possession or Casual Exchange, Drug Paraphernalia, Domestic Assault, Public Intoxication, Traffic Citations, Driving on Suspended/Revoked License, Order of Protection Violations, Background Checks, Expungements, Reckless Driving, Robbery, Burglary, Felony & Misdemeanor Drug Offenses, Disorderly Conduct, Probation Violations, Prostitution, Vandalism, Evading Arrest, Obtaining Controlled Substance by Fraud, Resisting Arrest, Indecent Exposure, Public Indecency, Criminal Trespass, and most other criminal charges.
It is important to be prepared for court whether or not you are involved in criminal or domestic court case.
A.A. Birch Building Criminal Courthouse
See the EXPUNGEMENT BLOG
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EXPUNGEMENTS
Getting a job in today's job market is difficult. Increase your chances of obtaining employment, admission to college, or professional license by hiring a Nashville Criminal Lawyer to have your criminal charges removed from your criminal record. With background checks for employment becoming increasingly frequent, many people discover an old charge from the past which hinders them from moving on. A criminal charge does not "go away", or become expunged, on its own. The expungement process to remove the charge must be followed. Oftentimes, people are charged with crimes and have their case dismissed, nolle prosequi, not guilty, no true bill, retired, pretrial or post trial diversion, or completed a 40-35-313 judicial diversion probation. The extra step of having these types of cases expunged from your public record may have been overlooked. Give yourself piece of mind by call us today to make it happen for you.
Michael K. Walker will run a background check and see if you are eligible to have any charges expunged from your public record. If you have an expungable charge on your record the background check fee will be used as credit toward the price for getting your record(s) expunged.
UPDATE: Tennessee Legislature has passed a new law on July 1, 2012 that enables certain felony and misdemeanor charges to be eligible for expungements even if you plead or were found guilty. If you messed up one time in your life and have not been convicted of any charge since, you could still have a clean public criminal record.
UPDATE: On July 1, 2017, a new law went into effect that allows Tennessee residents convicted of no more than two (2) offenses to have those offenses expunged from their records, provided each of the offenses are eligible for expunction and are either two (2) misdemeanors or one (1) felony and one (1) misdemeanor.
PRACTICAL TIPS TO AVOID A NASHVILLE DUI
1. Don't Drink and Drive. While it is not illegal to drink and drive, the only sure way to avoid an arrest for DUI is not to put yourself in a position where an officer suspects you of being intoxicated. The only way to do that for sure is to avoid alcohol prior to driving. You breath can smell like you have been drinking all day long even if you have had a few sips of someone's beer or any other alcoholic beverage. Spend the money and call a cab if you have been drinking, Try calling a friend or family member, or even consider a hotel room. The bottom line is, if you are arrested for a DUI you will be in the jail wishing you had arranged a safe way home or a safe place to stay overnight. Plan ahead. Spend a little, save a lot.
2. Get off the road by 11:00 p.m at the latest. The majority of DUI arrests occur around midnight and for the main reason that people tend to leave bars around that time, especially bars and clubs closing much later. It is the third watch (11p.m. � 7 a.m.) officers that are much more aggressive in their enforcement. When you would ordinarily not be pulled over for a license plate cover that makes the plate harder to see during normal hours, after 11:00 p.m. the chances of a stop occurring drastically increase.
3. Do not drive carelessly. Simply put, if you do not give law enforcement a reason to pull you over, you do not have to worry about a drunk driving arrest. If you have been out drinking for a night and decide to drive home make sure to pay attention to posted speed limits, traffic lights, and devices. You should understand that a concerned citizen call can be sufficient to justify an officer to respond and pull behind you to observe your driving. You should also understand that you are not making a complete stop at a stop light or stop sign unless your body falls back in your seat immediately and after you vehicle rolls backwards ever so slightly. Also, It is important to treat others on the road with respect when you have had a few and are driving home. If you do not give the police a reason to stop you, then you do not have to worry about what to do following the stop.
4. Ensure your vehicle accessories are working properly. The smallest traffic violation or vehicle equipment/lighting violation gives law enforcement a legal basis to stop your vehicle. Ensuring that all lighting and equipment is in proper working order will greatly decrease your chances of being stopped in the first place.
5. Remove license plate frames or covers that obscure or obstruct the reading of any portion of your license plate. More frequently law enforcement officers are making a habit of stopping vehicles because the license plate frame covers or obscures a portion of the license plate. The best way to this is to remove any frames or covers that makes the license plate hard to read or obstructs any portion of any letters on the plate.
6. Do not drive on a suspended or revoked licensed. In the State of Tennessee, law enforcement may stop a vehicle if the registered owner is suspended, canceled or otherwise revoked. Police officers will routinely run license plate numbers of vehicles in front of them or that they pass as they travel down the road. If the registered owner comes back as suspended or revoked, you just gave them reason to stop you and it can be all downhill from there.
7. Do not sleep in the driver's seat of a vehicle that is running. Call a cab or friend. If you are going to take a nap don't take it in your car. If it is cold and you must, take it in the rear seat, make sure the vehicle is not running, and take the keys out of the ignition and temporarily get rid of them! A few extra steps can save you a few thousand dollars, increased insurance rates, loss of license, loss of job, and jail time.
8. Do not use your cell phone while driving. Studies have shown that individuals talking/texting on cell phones can be equally, if not more impaired, then individuals with an alcohol concentration of .08. Combine cell phone use and a few beers and you are asking for trouble. Wait to make your phone calls until you make it home.
9. Do not make stops on your way home. While a late-night snack seems like a good idea after a night out, it drastically increases the odds of you spending the night in jail. More people get called in for drunk driving by fast food restaurant drive-through workers and convenience store workers than you might think. Additionally, many security officers and police officers often observe the late night drive-through from a distance for any unusual behavior.
10. Do not eat while driving. Just like talking/texting on your cell phone, eating food impairs your ability to safely operate your vehicle. The less distractions you have while driving the better off you will be.
HERE ARE THE PENALTIES A DUI CONVICTION
First Tennessee DUI Offense
Jail – 48 Hours up to 11 Months
Fine – From $350 to $1,500
License Suspension – 1 Year
Ignition Interlock Device Possible
Other Possible Penalties
Community Service Work for Three Eight Hour Shifts
Child Endangerment Penalties (If Passenger under 18)
Alcohol Safety DUI School Program
Second Tennessee DUI Offense
Jail – 45 Days up to 1 Year
Fine – From $600 to $3,500
License Suspension – 2 Years
Ignition Interlock Device – 6 Months (If Within 5 Years of Previous DUI )
Other Possible Penalties
Vehicle – Subject to Seizure / Forfeiture
Child Endangerment Penalties (If Passenger Under 18)
Litter Pick-Up For Three Eight-Hour Shifts
Drug and Treatment Assessment
Third Tennessee DUI Offense
Jail – 120 Days up to 1 Year
Fine – From $1,100 to $10,000
License Suspension – From 3 to 10 Years
Ignition Interlock Device
Other Possible Penalties
Vehicle – Subject to Seizure / Forfeiture
Child Endangerment Penalties (If Passenger Under 18)
Litter Pick-Up for Three Eight-Hour Shifts
Drug and Treatment Assessment
Alcohol Safety DUI School Program
Hire a lawyer before your General Sessions booking date in Davidson County
It is extremely important to call an attorney within a couple of days of receiving a misdemeanor citation. Most people do not even realize that a citation is an arrest. Just because you are not taken to jail does not mean the charge is not serious. The jails are overcrowded and the police cannot take every single person to jail for a misdemeanor offense. If you do not have a history of failing to show up for court dates then the officer should cite and release you as long as there is no risk of the offense continuing. The citation will have a date that you are to report for booking.
Davidson County has booking process is completed at the courthouse (photographs, fingerprint, entry/updating statistical information in the database, etc.) You will have your first appearance immediately afterwards. It would be very wise to have an attorney with you on your first appearance court date. An attorney would have your case handled in a strategic manner and in your best interest resulting in a successful outcome. Hiring an attorney to handle the case from the beginning may help to keep you from burdening your schedule with future court dates, and resolve your case earlier to give you piece of mind and closure.
