Sunday, November 29, 2009

Nashville DUI Defense Lawyers

header_duilawyer Whether you've been stopped for the first time on a charge of driving under the influence, or you're facing habitual motor vehicle offender felony charges based on prior convictions, you should have knowledgeable and resourceful representation to protect your record and your drivers license. Contact the Tennessee DUI Defense Lawyers at Barnette Law Offices, LLC in Nashville for a free initial consultation about your options.

In every drunk driving case, we make a careful examination of the circumstances of the arrest and your prior record to preserve as many options for you as we can. In situations involving a traffic checkpoint, we'll see whether we can challenge the stop on the basis of improper checkpoint procedures or profiling. In other cases, we'll determine whether the arresting officer had a reasonable suspicion to suspect you of drunk driving, or whether he had probable cause to arrest you for DUI. The Tennessee DUI Defense strategy of Barnette Law Offices, LLC will make the most of the facts in your favor and worktoward the suppression of the evidence against you.  field sob breath test

With the help of forensic experts, we can also attack the results of the blood alcohol test or evidence of drugs that are found in your system. We're always on the lookout to see whether prescription drug interactions produce false readings. We've also found that arresting officers or lab technicians sometimes lack the training or credentials to provide reliable blood alcohol readings.

While many of our clients prefer an early resolution of DUI charges as soon as possible, even if a guilty plea to careless or reckless driving is necessary, we'll take your case to trial whenever there's a reasonable chance of success on the basis of disputed facts. Additionally, we represent clients facing felony DUI charges, as in alcohol-related accidents involving personal injury or death.

In cases where a conviction of DUI is unavoidable, we can review the circumstances of any prior DUI convictions to see whether any can be eliminated as the basis of increased punishment. Whenever possible, we'll also work to preserve or restore your ability to drive under a restricted license and so that you can serve any incarceration period at the Swaim Center rather, than in jail.

For additional information about our ability to defend you on drunk driving charges, contact the Tennessee DUI Defense Lawyers at Barnette Law Offices, LLC or 615-585-2245 for a free initial consultation.

Thursday, November 26, 2009

Nashville DUI Lawyers

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Any time your liberty is at stake, you need a lawyer. In the case of a Tennessee DUI charge, your personal liberty is even in more jeopardy because, unlike other offenses in Tennessee, even first offense DUI in Tennessee provides for mandatory jail sentences if convicted. That means in Tennessee, if you are convicted of DUI, you go to jail.

drug crime  In addition, penalties for DUI convictions in Tennessee include steep fines, suspension of driving privileges, court costs, community service work, probation and attendance at an alcohol safety school, in addition to other penalties that may apply to unique circumstances.

Also, currently a conviction for DUI in Tennessee cannot be expunged from your record. These penalties can affect your employment, financial well-being, relationships and virtually every aspect of your life well into the future. This makes it all the more imperative that you have the services of a respected Nashville, Tennessee DUI Defense Lawyer such as those at Barnette Law Offices, LLC to represent you when facing DUI charges in Nashville or anywhere in Tennessee.

If you are charged with DUI in Nashville or anywhere in Tennessee, you need a lawyer to protect your interests. Contact Jason Barnette of Barnette Law Offices, LLC, a skilled Tennessee DUI lawyer, to represent your interests.

Defending an individual charged with DUI in Nashville or anywhere in Tennessee is a highly technical area of criminal defense practice. While many people think of DUI as more of a traffic offense than a real crime, the mandatory minimum penalties that exist in Tennessee can affect a person’s life in a profound way. In fact, countless lives are affected every year as the crime of DUI is charged often and punished severely in Tennessee. At Barnette Law Offices, LLC, a large portion of our practice is focused on DUI and drunk driving defense. Our Tennessee DUI Defense lawyers provide aggressive legal representation in Nashville and in all other parts of Tennessee for those facing a charge of DUI.

Nashville Criminal Defense Lawyers

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A criminal conviction may have far-reaching consequences for life, affecting your future employment options, your ability to receive federal student loans and even your right to vote. Along with these collateral consequences, there are social stigmas that make it difficult to lead a normal life. Hiring a skilled Nashville Criminal Defense Lawyer from Barnette Law Offices, LLC, becomes of utmost importance when you realize that you are not only fighting to avoid the direct consequences of your actions, but the lasting consequences of a maligned name. Since Tennessee Criminal Law comes down hard on those convicted, it is imperative to seek sound legal advice from Jason Barnette, a Tennessee Criminal Defense Lawyer, and his team at Barnette Law Offices, LLC to understand the consequences of the charges you face and ensure that your rights are protected.

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If you have been accused of a crime, it is important to always have a Nashville, Tennessee Criminal Defense Attorney such as Jason Barnette present when you are speaking with law enforcement. The Constitution guarantees you the right to not incriminate yourself and to have an attorney. This means that you do not have to answer any questions or provide any information to law enforcement agencies that will implicate you in the involvement of a crime. To ensure that you do not inadvertently incriminate yourself, it is important to have a Nashville Criminal Defense Attorney present at all interrogations or whenever you are speaking to a law enforcement agency.

Also, you should not agree to any search of your property by law enforcement. You have the right to decline any search by law enforcement if they do not have a warrant to search your property. While you may believe that complying with law enforcement officials will benefit your case, any evidence they find of your involvement with a crime may be used against you.

Finally, do not discuss your case with anyone—not even family or friends. While you have a legal right to not incriminate yourself, your loved ones must tell the truth if they are called to testify under oath about their knowledge of your involvement in a crime.

Being accused of a crime is a serious matter that demands serious legal representation. At Barnette Law Offices, LLC, we are experienced Tennessee Criminal Lawyers that are dedicated to you and seeing that you receive the best possible legal outcome for your situation. Contact us at http://www.barnettelawoffices.com or 615-585-2245 to start developing an aggressive plan of action for your legal defense under Tennessee criminal law.

Tuesday, November 24, 2009

Barnette Law Offices, LLC – Nashville DUI Lawyers

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Barnette Law Offices, LLC is a Nashville, Tennessee criminal defense law firm that focuses on defending Tennessee DUI and charges related to Driving Under the Influence in Tennessee.

Did you know that under current laws in the State of Tennessee, an individual with two glasses of wine or beer at a family dinner might be charged with Driving Under the Influence (DUI) without even making a single driving error!

If you are faced with a Driving Under the Influence or Driving While Intoxicated - DUI charge, immediately contact an attorney knowledgeable in this area of the law at Barnette Law Offices, LLC.

Tennessee DUI Lawyer Jason Barnette has devoted himself and his staff at Barnette Law Offices to the defense of clients charged with DUI and DWI cases. Located in Nashville, Tennessee attorney Jason Barnette is skilled in the errors of DUI testing procedures and knows how to present that information in the defense of your DUI charge.

In almost all cases, Jason Barnette or one of his staff members at Barnette Law Offices, LLC will contact you within twelve (12) hours in order to discuss your case and options with you free of charge. In most situations, a phone conversation about your Tennessee DUI or drinking while driving related charge will enable Jason Barnette to give you a thorough preliminary evaluation of your DUI case and related charges as well as the options available.

He has succesfully represented clients in Nashville, Williamson, Wilson, and Rutherford Counties as well as across Tennessee.

Barnette Law Offices, LLC DUI and DWI criminal defense practice takes pride in producing happy and satisfied clients – clients that will take pride in recommending his firm’s services to friends and family who may find themselves in trouble as well.

What is the first thing to do after being charged with DUI?

You need to contact a Tennessee DUI lawyer or Tennessee criminal defense attorney as soon as possible such as Jason Barnette at Barnette Law Offices, LLC. The laws surrounding DUI are very technical and complex and involve several different scenarios and possible penalties if certain information necessary to effective DUI defense is not collected or preserved.

The first important deadline is hiring a DUI lawyer or DUI attorney in advance of your arraignment in order to increase the chances of obtaining the best possible outcome in your DUI, Reckless Endangerment, Vehicular Assault, Vehicular Homocide, or other drinking while driving related charge.

Contact us at Barnette Law Offices, LLC or 615-585-2245 if you’ve been charged with any of the above.

 

Sunday, November 22, 2009

Barnette Law Offices – Tennessee DUI Defense

DUI penalties will differ in each case, depending on the particular facts and circumstances. This summary is intended to be general in nature; therefore, this information should not be relied upon without individual consultation with a well qualified DUI lawyer in Tennessee at Barnette Law Offices, LLC or 615-585-2245.

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DUI First Offense - Sentence is 11 months, 29 days

Details

  • Jail Time
  • Probationary Period
  • Fine
  • Highway Litter Removal
  • DUI Assessment
  • DUI School/Alcohol Rehabilitation
  • Volunteer Community Work
  • License Revocation
  • Ignition Interlock Device
  • Vehicle Forfeiture
  • 48 hours to 11 months, 29 days, or 7 days if blood alcohol concentration is .20% or higher
  • 11 months, 29 days less the time spent in jail
  • $350 - $1,500
  • Mandatory 24 hours
  • Mandatory alcohol and drug addiction assessment and fee of $100.00 for each conviction
  • Mandatory DUI School or Victim Impact Panel (often sponsored by Mother’s Against Drunk Driving); DUI School required for license reinstatement
  • May be ordered by the court
  • 1 year; eligible for restricted license if meet all other qualifications

DUI Second Offense - Sentence is 11 months, 29 days

Details

  • Jail Time
  • Probationary Period
  • Fine
  • DUI Assessment
  • DUI School/Alcohol Rehabilitation
  • Volunteer Community Work
  • License Revocation
  • Ignition Interlock Device
  • Vehicle Forfeiture
  • 45 days to 11 months, 29 days
  • 11 months, 29 days less the time spent in jail
  • $600 - $3,500
  • Mandatory alcohol and drug addiction fee of $100.00 for each conviction
  • DUI School required to regain driver's license; may be ordered by the court
  • May be ordered by the court
  • 2 years; not eligible for restricted license for at least one (1) year
  • Presumed to be ordered by the court unless a contrary ruling is made by the judge. Mandatory if a prior DUI conviction in the last 5 years.
  • Authorized

Contact us at Barnette Law Offices to obtain a skilled Tennessee DUI attorney at 615-585-2245.

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Sunday, November 15, 2009

Tennessee DUI Attorney’s

Barnette Law Offices, LLC – Tennessee DUI Attorney’s

We at Barnette Law Offices, LLC realize that a DUI charge can be intimidating, especially if you don't know a lot about Tennessee DUI law. Barnette Law Offices, LLC can help you understand Tennessee law, and explain your rights and options. If you have questions about the automatic license suspension or the impact a DUI conviction might have on your insurance costs, contact Nashville DUI lawyer Jason Barnette.
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You should not wait until your initial court appearance to start asking questions about your particular case. Contact Barnette Law Offices, LLC
before you appear in court so that Tennessee DUI lawyer Jason Barnette can gather important information he needs to make informed decisions about your case. Barnette Law Offices, LLC can assess your case from your point of view, and advise you on Tennessee DUI law as it applies to your situation.

If you have questions about the sentence you face including whether the mandatory jail time provisions apply to you, contact us at Barnette Law Offices. You may think that there's no way to successfully challenge a DUI charge, but Jason Barnette knows that many cases have weaknesses. These weaknesses often open doors to dismissals or acquittals. Any crack in the state’s case could create an opportunity for a Jason Barnette and his team at Barnette Law Offices, LLC, to negotiate for reduced charges or a favorable plea bargain.

Take advantage of the opportunity to learn about your rights under Tennessee law before you take a step in any direction. Contact us at Barnette Law Offices, LLC if you have been charged with DUI in Tennessee.

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Friday, November 13, 2009

Jason Barnette - Nashville DUI Lawyer

Being arrested for DUI does not necessarily mean that you will automatically found guily.  We at Barnette Law Offices, LLC are often able to successfully defend our clients using the following DUI Defenses:

  • The police did not have probable cause (or legal cause) to stop your vehicle.
  • The field sobriety tests were not given properly.
  • You were not the actual driver of the vehicle.
  • The breath test was inaccurate because:
    • The test was improperly administered
    • The machine was not properly maintained.
    • The police did not observe you “eye ball to eye ball” for 20 minutes prior to administering the test.
    • Radio Frequency Interference invalidated the test.
  • The police broke the chain of custody in a blood test case.
  • The police officer incorrectly concluded that you were too intoxicated to drive. The police officer’s opinion can be wrong.

If you’ve been arrested for DUI in Nashville or throughout Tennessee, please contact us at Barnette Law Offices, LLC or 615-585-2245.

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Thursday, November 12, 2009

Jason Barnette – Nashville DUI Attorney

What is DUI?
The definition of DUI is operating or being in control of a vehicle while being under the influence of narcotics, marijuana, intoxicants or a drug that produces stimulating affects with a blood or breath alcohol concentration of over .08%.

What do officers look for as cues for someone driving under the influence in Nashville, Tennessee?

  • Weaving
  • Drifting
  • Turning with wide radius
  • Difficulties in stopping
  • Accelerate rapidly
  • Slow response to signals
  • No headlights
  • Illegal turn
  • Follow too closely
  • Stopping for no apparent reason
  • Improper lane change

What is supposed to happen when I am arrested for a DUI in Tennessee?

  1. The officer is required to observe you for twenty minutes to ensure that you did not have any foreign substance in your mouth, consume other alcoholic beverages, smoke or burp which can alter the results of the blood alcohol test.
  2. If you consent to give take a breathalyzer test, then the machine which the officer uses to take your blood-alcohol level has at least eight requirements to be valid.
  3. The officer should be courteous to you, handle the arrest in a professional manner and transport you to a Tennessee jail for booking.
  4. If you have no prior criminal history there is a chance that the night court commissioner who reviews your case will allow you to be released through pre-trial diversion. If you are released on pre-trial diversion you do not have to post a bond. If you are a non-resident of the county in which you are arrested you will have to post a bond.
  5. You will need to locate a bondsman in Tennessee and pay approximately 10% of the bond that is set to him. He then guarantees the court that you will show up for your court date. If you fail to show up you will be liable for the entire amount of the bond.
  6. After your arrest, booking and release you will receive a court date. You should immediately contact an experienced DUI criminal defense lawyer at Barnette Law Offices, LLC, and set up an appointment so that the attorney may interview you about your case.

How many times will I have to appear in court?
It depends. If you give the attorney enough information in your initial interview and he or she finds weaknesses in the State of Tennessee's case you case may be resolved with only one court appearance. However, less than 5% of cases are resolved this way and many continue to a second court appearance. Although you may be anxious to tell your side of the story at the court appearance, the second hearing in Tennessee is actually a probable cause hearing to determine whether or not there was probable cause for the arrest and your case is bound over to criminal court.

How much will my DUI cost?
You will find attorneys who quote an extreme range in prices from as much as $15,000.00 depending on the details in your case.

The average DUI case at the General Sessions level requires only about five hours worth of work or $1,500.00.  No DUI charge alone should cost more than this.

You will probably receive numerous solicitations in the mail from attorneys who wish to represent you in court on your DUI in Tennessee.  Avoid them.

What are the penalties for a DUI in Nashville, Tennessee?

1st DUI Offense:
Up to 11 months and 29 days in jail and with a mandatory minimum of 48 hours of jail time and one (1) year of probation. You may be required to pick up litter for 24 hours and attend a Tennessee DUI school. The minimum fine for a DUI in Nashville, Tennessee is $350.00 and can be as high as $1,500.00.

Barnette Law Offices, LLC, can often times have the mandatory sentence suspended if you go to the Swaim Center in Symrna.

2nd DUI Offense OR DUI after a Reckless Driving Conviction:
You must serve a minimum of 45 days in jail and probation. If you have a substance abuse problem then sometimes up to 30 days of inpatient treatment can be substituted for the jail time; however, you will still need to finish the remaining 15 days of your sentence in jail. The fines are a minimum of $600.00, you may lose your driving privileges for 2 years, and you may receive alcohol treatment as well as an interlock ignition device being placed onto your vehicle.

3rd DUI Offense:
You must serve a minimum of 120 days in jail. The fines are a minimum of $1,000.00 and can be as high as $10,000.00. You may be ordered to drug and alcohol treatment, forfeiture of your vehicle as well as placement of an interlock ignition device on any future vehicles.

4th DUI Offense:
You are facing a felony that allows for jail time of one (1) year but not more than six (6) years. If you are convicted of a felony you lose the right to own a gun, you lose your right to vote and you lose your right to travel to some countries. Fines are a minimum of $3,000.00 and can be as high as $15,000.00.

Why am I being charged with a DUI if someone else was driving my car?
You are responsible for your vehicle and if the driver of your car is presumed to be driving under the influence then you will be as well.

Will I go directly to jail if I get stopped for a DUI in Tennessee?
Yes.

Are the stops videotaped?
Some officers use a video device on their dash to record their stop of the vehicle. Some do not. An experienced DUI attorney in Nashville such as Jason Barnette will make a legal argument requesting a copy of the video to see whether or not there was probable cause for the stop.
 

Can they take away my driver's license if I refuse the breathalyzer?
Yes. There is presumption that if you drive a vehicle in the State of Tennessee that you are giving consent to have your blood test and that you are not impaired. You will lose your license for a year but should not be convicted of a DUI unless there is enough evidence gathered during the field sobriety test.

Can my DUI case in Tennessee be dismissed if the police officer did not give me my Miranda warning?
No. Miranda warnings are not required for a Nashville, Tennessee DUI.

DUI is a serious offense. You need a proven lawyer such as Jason Barnette who will fight to retain your driver's license, your car, and to keep you out of jail. Contact Barnette Law Offices, LLC at (615) 585-2245 for a free consultation or email info@barnettelawoffices.com.

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Tuesday, November 3, 2009

Jason Wade Barnette – Tennessee DUI Lawyer

Persons charged with a DUI/DWI may also be charged with an Implied Consent Violation if they refuse to submit to a blood, breath, or urine test. The officer, not the driver, chooses which of the 3 tests to administer under Tennessee law.

After submitting to the chemical test of the officer's choice, the driver may then request an independent test of his or her choice, even though the officer need only provide very limited assistance in obtaining the independent test.  A motorist does not have a right to speak with an attorney in Tennessee before choosing whether or not to submit to any chemical test.

The Tennessee Implied Consent Statute, Tennessee Code Annotated § 55-10-406 prescribes that any person who drives a motor vehicle in the State of Tennessee has given consent to a chemical test; i.e., blood, breath or urine, to determine the drug or alcohol content of the person's blood. Such test may be requested if a law enforcement officer has reasonable grounds to believe that the person is driving under the influence.

A motorist does have a right to refuse to submit to a chemical test in most cases; however, such refusal normally results in the revocation of the person's driver's license although a skilled Tennessee DUI attorney such as those at Barnette Law Offices, LLC can often get the offender a restricted license. It is important to note that even if a person wins the DUI case, he or she may still lose the Implied Consent case.

Implied Consent Violation Penalties

The penalties for an Implied Consent Violation will vary in each case, depending on the facts and circumstances. The violations can be reviewed during consultation with a well qualified Tennessee DUI attorney at Barnette Law Offices.

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Sunday, November 1, 2009

Nashville DUI Attorney – Jason Barnette

In Tennessee DUI cases, Barnette Law Offices, LLC provides you with our experience and knowledge and we, in addition, will ask you to provide us with the information we must obtain in order to defend you.  At Barnette Law Offices, LLC located in Nashville, Tennessee, we take an aggressive approach and examine the specifics of your DUI/DWI case.

When we gather evidence, your medical information is imperative to our defense. Some medical conditions can manifest themselves as intoxication or preclude you from passing a field sobriety test administered by law enforcement(which is virtually impossible to pass while sober). In addition to your medical records, we at Barnette Law Offices will request that you bring in a copy of the warrant or the arrest documents for your free consultation.

All reports will be reviewed, including the accident report and any police communication logs. DUI defense attorney Jason Barnette will even visit the scene of the arrest in order to examine the landscape (if the ground is sloped, a field sobriety test would be difficult to adminster).  No detail is too small to overlook in defending you against a DUI charge in Tennessee. The consequences are too severe.

With that said, the primary issue in most DUI cases is predicated on the alleged probable cause for the vehicle stop itself.  The assertions of the arresting officer contained within their narrative and information they provided on the 132 form will be challenged with the Assistant District Attorney General assigned to your case and with the officer on cross-examination if trial is necessary.  With an experienced DUI defense attorney such as Jason Barnette and the seasoned paralegals at Barnette Law Offices, LLC we will also attack  field sobriety and breathalyzer testing as well as blood alcohol analysis.

Jason Barnette prides himself on his successful handling of his DUI defense cases.

For more information or to schedule an appointment with aggressive Nashville DUI defense attorney Jason Barnette regarding a DUI charge, please contact us at Barnette Law Offices, LLC

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