SHOULD I AGREE TO PERFORM A FIELD SOBRIETY TEST?

by Jonathan Carroll and Ryan C. Davis Should I agree to take a Field Sobriety Test? Are they reliable? What happens if I refuse? One of the most humiliating experiences a citizen can go through is standing alongside a highway in front of blue lights,...

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SHOULD I AGREE TO TAKE A BREATH OR BLOOD TEST?

by Jonathan Carroll and Ryan C. Davis Should I agree to take a breath or blood test? Once an officer has determined that he or she has probable cause to believe that you are driving under the influence, the officer may ask you to submit to a chemical...

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CAN I HAVE MY CRIMINAL CHARGES EXPUNGED?

by Jonathan Carroll and Ryan Davis Can I Expunge My Criminal Record? Expungement is a process by which you may have a criminal charge completely removed from your record. Only certain defendants are eligible for expungement, and eligibility depends...

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Can I get a DUI for Driving While Under the Influence of Marijuana?

By James Kemp and Ryan C. Davis Most people know that driving under the influence of alcohol while having a blood alcohol content (BAC) above .08 is illegal and can lead to a DUI arrest and conviction. However, driving under the influence is not...

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Does an unmarried father in Tennessee have custody rights to his child?

By Caitlin Kirk and Ryan C. Davis Who receives custody of a child when the parents are not married? In Tennessee, an unmarried mother automatically has physical and legal custody of her child. Because of this, unmarried fathers may face...

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What are the Consequences for a DUI First Offense?

By Caitlin Kirk and Ryan C. Davis Under Tennessee Code Ann. §55-10-401, “It is unlawful for any person to drive or to be in physical control of any automobile…(1) while under the influence of any intoxicant, marijuana, controlled...

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Does the “Plain Smell” of Marijuana Constitute Probable Cause for a Warrantless Search?

By James Kemp and Ryan C. Davis For decades, Tennessee courts have long held that the smell of marijuana is sufficient to establish the probable cause necessary for police to obtain a search warrant or to conduct a search or seizure under the...

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Does the Tennessee Sex Offender Registry Violate The U.S. Constitution?

By Jorie Zajicek and Ryan C. Davis What does Ex Post Facto Mean?  Article I Section 10 of the United States Constitution states in part: “[n]o state shall… pass any… Ex Post Facto law.” The Ex Post Facto Clause...

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What all is involved in a divorce with minor children in Tennessee?

By Jorie Zajicek and Ryan C. Davis What all is involved in a divorce with minor children? Property Division: For a divorce in Tennessee, marital property is divided through equitable distribution. Marital property is anything that either...

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How is child support calculated in Tennessee?

By Jorie Zajicek and Ryan C. Davis How is child support calculated? Child support calculations in Tennessee are complicated, but essentially the court will determine the parties' incomes and will establish a total "household"...

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