The important thing to remember is that you do not need to go it alone. In fact, the first thing you should do after getting arrested is find counsel. This makes your defense more effective. Surveillance tapes and witnesses are easier to preserve and find earlier rather than later.

If you have been arrested for a DUI, feel free to contact me. The initial consultation is free, and we can review your options when we meet to discuss your case. Or, you can give us a call anytime at (615) 346-2213.

1. Refuse the Breath Test: The officer will read the implied consent law. They will scare you that you are going to lose your license if you do not comply. You will.  However, a restricted license for violating the implied consent law is easy to get. And the hours you can get permission to drive within are rather limitless.  But if you lose you license because you blew more than a 0.08 BAC? You have to take the driving test, the eye test, your insurance goes up, and you just handed the state a DUI conviction on a silver platter. Life can go from slightly inconvenient to Charlie Brown kicking a football in about 20 minutes (that’s the time the DUI officer has to watch you before administering the breathalyzer).

2. Make No Admissions: Say nothing. If you’re asked “Have you been drinking tonight?”, just politely refuse to answer. Never offer how many drinks you’ve had (never, ever say “just a couple”!). Never provide a list of what types of drinks you may have had, what kind of fruit was in them, or whether you used a straw with your beer. Never state how long you were anywhere. Silence is golden, especially when it comes to your defense. Your defense lawyer (as in, me) will love you for it. You’ll be happier, too.

3. Don’t Stand on One Leg, Follow a Finger, or Touch Your Nose, or any other circus tricks: So-called Field Sobriety Tests (FSTs) are inherently flawed but still are permitted to be used by law enforcement. All they do is offer evidence against you. I have a bum knee from a soccer injury when I was 20 – there’s no way I could pass the FST’s sober. You shouldn’t try them either in what is already a stress escalating situation.

4. Don’t Mouth Off at the Cop: When it comes to negotiating with the assistant district attorney, it helps if the arresting officer doesn’t hate your guts.

5. Act Quickly: Retain an attorney within a few days of the incident. That way things like surveillance film, witnesses, and things that can generally help your case are easy to find and preserve.  Don’t wait until the day before court to decide to get a lawyer, which is something you were going to have to do anyway.

Okay, so even if you didn’t perfectly follow the above list, all is not lost. I can still help, and there are always things that can still be done no matter what evidence the state has against you. Contact me if you have questions! (615) 346-2213, or use the form below.

Nathan Moore is a DUI lawyer based in Nashville, Tennessee.

Aggravated Child Abuse in Tennessee is a Class A felony, carrying between 15-60 years in prison with no parole. In this case, the client was facing a potential 50 year sentence without the possibility of parole.

The victim was Alexander, R.B’s son, who was the product of a casual sexual relationship between R.B. and Y.R. At the time the abuse was discovered, Alexander was approximately 10 weeks old. He had rib fractures and a lung bruise, which was found after he spit up blood one afternoon and x-rays were conducted. There is no doubt the child was abused. The only question was “who did it?”

The proof at trial included the testimony of two doctors, a detective, the mother of the child, the grandmother of the child, and a social worker at Vanderbilt. R.B. testified on his own behalf, as well as his roommate at the time. Both R.B. and the mother were students at Tennessee State University when the abuse occurred.

On the morning of June 10, 2003, Alexander was dropped off with R.B. It was a Wednesday (R.B., who worked and went to school, typically watched his son on Tuesday and Thursday – the other days he was watched by his mother and his maternal grandmother). When the mother picked up Alexander around 4:30 pm that day, she tried to feed him, but he wouldn’t latch. Then, he spit up on her blouse, demonstrating small flecks of blood in the mucus.

She lost it (her testimony and R.B.’s). R.B. proceeded to try to keep his son calm, exercising his legs in a bicycle motion on the bed, and keeping him away from (in R.B.’s view) his overly excitable mother. She eventually went to the pediatrician, then to the ER at Vanderbilt, where the internal injuries were discovered.

The mother’s testimony was, at best, erratic. She contradicted herself within mere seconds on cross examination and could remember very few details vividly. She stated she reported a bruise on Alexander’s arm to the pediatrician on May 12, but there was no indication of that in the medical records. The pediatrician said that when bruises are discovered on immobile infants (like a 10 week old), they ask the primary caregiver to follow up with their office. Y.R. never followed up.

Prior to this incident, she had fully informed R.B. of the medical status of their son (the pediatrician confirmed that even for first time mothers, her interactions with the pediatric practice were “in the upper quadrant” – and, nothing abnormal was ever discovered). This time, however, despite knowing the truth, she refused to tell R.B. what was wrong. Instead, she told him the doctors were running tests and they didn’t know anything. She also told him that Vanderbilt wasn’t allowing visitors to see Alexander. This was told to him again the next day. Finally, he went to the hospital himself on Friday and learned the real situation. At no time had Y.R., the mother, told him his son was in intensive care. On cross examination, she explained she wanted the doctors to tell him what happened, but could give no explanation as to why. She said she tried to repeatedly call R.B., but he wouldn’t come see his son – this was contradicted by the testimony of the social worker and her mother, who both said they asked her to call the child’s mother, but neither one ever saw her do so. I was getting frustrated, so naturally the state’s objection that I was being argumentative was rightly sustained.

R.B.’s roommate at the time noted she called him frantic and unstable a week or two before the injuries were discovered. He, along with even the state’s witnesses, testified they had never seen R.B. lose his temper and he generally had a calm demeanor.

R.B. immediately went to see the Detective who was investigating the case and the Department of Children’s Services investigator. Y.R. and her mother waited nearly a month to cooperate with the investigation, and then only went with their attorney.

The medical proof showed that the rib fractures could have occurred no sooner than five days before they were discovered, and potentially up to two months before. The lung bruise was a separate injury. It would have been acute (inflicted within hours of discovery), and no later than 3 days prior. The Vanderbilt pediatrician, Dr. Christopher Greeley, testified that it likely occurred the same day. The child’s pediatrician, Dr. Kris Rehm, testified to the same time frame. She also noted that if sufficient force was inflicted on a child of Alexander’s age, the baby would be exhausted from the pain and would likely sleep for hours and refuse to eat. This was exactly the behavior of Alexander while in his father’s care on that Wednesday after being dropped of by his mother.

After a very short deliberation, the jury returned a Not Guilty verdict on behalf of R.B.

If you or a loved one is charged with a crime, we can help. You can contact us at (615) 346-2213 or by using the form below. We will respond to you promptly.

Even for a first offender, the minimum penalties include jail time. A first time offender can expect to spend a minimum of 48 hours in jail. If you offer a blood or breath test, and your blood alcohol content is over 0.20, the minimum jail sentence is 7 days, which must be served consecutively. You will have to attend a DUI school and will owe court costs (which vary depending on your case) and pay a minimum $350 fine. You also lose your license for one year and could be ordered to put an ignition interlock device on your car. The court can also order drug and alcohol treatment if there is indication you have a substance abuse problem.

For a second time offender, the punishments get even more severe. A minimum 45 day jail sentence is required, as well as an increase in the minimum fine from $350 to $600. You lose your license for two years, and cannot obtain a restricted one until after the first year. Like a first offense, DUI school is required. Additionally you could have your vehicle forfeited and an interlock ignition device could be ordered installed on your vehicle.

A third offense DUI gets even more severe. Though still a misdemeanor, the penalties closely mirror that of the more serious felony fourth DUI offense. A third offense DUI carries a minimum of 120 days in jail. You lose your license for 3 to 10 years, with no prospect of receiving a restricted license. As with a second offense, you must attend DUI school and can have your car forfeited. The minimum fine amount is $1100.

A fourth offense and every offense thereafter is considered a Class E felony. The minimum jail time for a fourth offense DUI is 150 days. The minimum fine amount increases to $3,000 and your license will be revoked for a minimum of 5 years with no eligibility for a restricted license. As with a second and third offense, you must attend DUI school, could have your vehicle forfeited and could be ordered to install an ignition interlock device on your vehicle.

Additional punishments can be levied if someone is killed due to a DUI driver, or if a child is injured who is under the age of 13. Additionally, there are penalties for not submitting to a blood alcohol test that can range from 1 to 5 years loss of license, depending on the circumstances and one’s prior record. The implied consent law is a civil penalty, however, and does not carry with it any potential jail time. The interlock device requires one to blow into it each time before starting his or her car, and periodically thereafter. It usually costs several hundred dollars a year to maintain, and that cost is borne by the offender.

First through third DUI offenses are all misdemeanors, but all can carry up to 11 months and 29 days in jail. So, the minimums above are not necessarily the sentences always imposed. Judges and assistant district attorneys often consider the underlying facts and history of the individual being charged and convicted when determining the proper level of punishment. The minimum offenses are welcome if one is truly guilty, but they are not required to be offered by the state. Sometimes, if the facts are in one’s favor, the amended charge of Reckless Driving, which is a Class B misdemeanor, can be negotiated. However, Reckless Driving is not a lesser charge of DUI and cannot be instructed at trial.

If you or someone you know has been charged with a DUI, contact us IMMEDIATELY at (615) 346-2213 or through this easy to use form below.

When pulled over for a DUI, there are a couple of things one should keep in mind. The first is that one should be respectful. The officer is only doing his or her job. Answer questions directly and as they are asked. The second point to remember is that your cooperation with law enforcement should end when you start incriminating yourself. The Fifth Amendment of the United States Constitution gives you an inviolable right against self-incrimination. All states have their own state constitution counterpart to the federal amendment. There is never an obligation to implicate oneself in wrongdoing.

For instance, if the officer asks you if you have been drinking, you may decline to answer. If specific questions are asked regarding the amount you have been drinking, you again are under no obligation to answer. If the officer asks you to step out of the car, you may then ask if you are under arrest. At no time must you exit the vehicle and perform and tests or answer any further questions. Field sobriety tests, such as the one-legged stand and the line walking test, can be failed by someone who is completely sober. In short, they don’t tell much about your sobriety, but failure or a deficient performance on any one of them creates the perception, as wrong as it may be, of guilt.

The overall thing to remember is that you are under no obligation to incriminate yourself. No matter what assurances the officer gives you, the prosecutor is always the one who makes the final decision on how to handle your case. At the very most, be cordial, respectful and polite, but do not cave to the pressure to “cooperate”. It will not make things better, and almost always makes things worse. I have never in all my years of practice thought “Gee, I wish my client would have talked to the cops more.” However, I have said the exact opposite to myself many times – I wish they had talked less. Often, a lot less!

If you do not offer a breath sample or a blood sample, and do not participate in any field sobriety tests, you stand a good chance of getting the initial DUI charge reduced or dismissed. This isn’t manipulating the system – it’s simply exercising your constitutional rights. You can only exercise them if you know them, and that’s the point of this article, to make sure you are properly educated and equipped in the event you are ever stopped and arrested for something you may in fact not have done.

If you or someone you know has been charged with a DUI in Tennessee, contact us immediately.

Instead, due to our plea negotiations, he starts 2 years of unsupervised probation today.

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Please fill out the form below so that we can know more about your case.

• your full name
• any case numbers you have in your possession
• the crimes with which you were charged

Don’t worry if you don’t know all the above. If you don’t have all the above information, we will be happy to find it out for you. You can also call us at (615) 346-2213.

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Even misdemeanors can carry jail time, and do not carry any presumption regarding probation. Felonies can result in prison time with no chance for parole. Having defended hundreds of people charged with crimes, I can assert the experience necessary to defend you, whatever the charge.  If you or someone you know has been charged with a crime, do not hesitate to contact us immediately! A competent Tennessee criminal defense lawyer is a prerequisite if you have even a chance of fully vindicating your rights.

The Department of Justice has established certain minimum standards for those wishing to apply for a presidential pardon. A specifically designated attorney in the Department of Justice heads the Office of the Pardon Attorney and evaluates each and every pardon application. Your application for a presidential pardon must be well-drafted, fully meet all the requirements, and present your best case for deserving clemency. Before you start anything, you must wait until at least five years have passed since the termination of your period of incarceration. Supervised release, which often comes after incarceration in the federal system, does not have to be completed prior to the five year waiting period terminating. This is neither a Constitutional nor statutory requirement – it is completely an internal requirement by the Department of Justice. The government believes the waiting period is necessary “to demonstrate an ability to lead a responsible, productive and law-abiding life.” Needless to say, there is also a requirement that your behavior be completely lawful since the completion of your federal sentence. Probationary sentences begin the five year period on the date of sentencing.

Three sworn character references should also be included with your pardon application. You are not limited to three, but the main three references must be designated as primary. Character references cannot be from relatives or spouses. The quality of your references are what keep your application “afloat”. If other upstanding individuals consider you worthy of their endorsement, the Office of the Pardon Attorney will be more likely to look favorably on your application.

In addition to the waiting period and lawful behavior, you must also provide a certified copy of your criminal arrest record. Copies of your credit report and records related to any civil law suit in which you have been involved must also be assembled. This step is more important than it sounds. Any omissions or incorrect entries in your application could be interpreted by the Department of Justice as a falsification. This could result in federal criminal charges being filed against you. It is more important to be honest. Negative entries in your past can be explained, and this is the preferred way to address imperfections in your pardon application.

The final part of the application is your reason for wanting a pardon. Good reasons are related to work, education and professional certifications. Without a valid need for a pardon, you are likely to have your application denied outright without even full consideration. Retaining an attorney experienced in the presidential pardon process is vital to make sure this part, among the others, is done correctly. Without a well-crafted rationale for forgiveness, your application will not receive full consideration by the Department of Justice.

The pardon power is exclusive to the president per the terms of Article II, Section 2 of the Constitution, so the decision on whether or not to grant a pardon is final. The Department of Justice has not felt it necessary to set up an internal appeals process. Further, there is no hearing to determine your pardon worthiness, unlike many states which will grant a hearing to the petitioner before making the final decision. The presidential pardon application is something you really only get one shot at per administration. You want to make sure you get it right the first time.

If you are interested in applying for a presidential pardon, please complete the following submission form and we will contact you.

In the United States, only the president has the authority to issue a pardon.  Article II, Section 2 gives the president exclusive pardon authority. The only limitation is that the president cannot pardon individuals who have been impeached.

If you or someone you know is interested in learning more about the presidential pardon process, feel free to call us at (615) 346-2213 or complete the information request form below.