Wednesday, July 9, 2014

Nashville DUI Lawyers–Barnette Law Offices

Breath Test
If you have been arrested and charged with driving under the influence of alcohol (DUI) in Davidson County, Tennessee, you are likely familiar with the Intoximeter EC/IR II.  This device is utilized by law enforcement officers in Nashville Metro after a DUI arrest to determine an individual’s blood alcohol content (BAC).  Contrary to what you may have heard, breath testing devices, like the Intoximeter EC/IR II, are not without flaws and routinely produce inaccurate results in DUI cases.

For example, symptoms associated with diabetes, gastroesophageal reflux disease (GERD), liver disease, heartburn, asthma or other illness have historically enhanced the results of breath test machines in Tennessee.  The same is true for some types of chewing gum, breath mints and cough syrup.  Only seasoned DUI defense lawyers like Jason Barnette and those at Barnette Law Offices can successfully challenge the results of the breath test in Tennessee.

Prior to the administration of the Intoximeter EC/IR II test, law enforcement officers are required by Tennessee law to hold the subject under constant observation for a period of at least 20 minutes to ensure no foreign substance is introduced into the mouth of the subject.  Otherwise, the breath test result is inadmissible.

In a DUI case in the Nashville Metro area, police officers are the individuals designated to administer the breath test.  However, law enforcement officers typically receive minimal training about how the machine actually functions.  A good Tennessee DUI defense attorney can determine whether the officer in your case followed protocol and properly administered the breath test.

If you disagree with the results of the breath test after being arrested for DUI, you have a right under Tennessee DUI law to request a blood or urine test.  In fact, the State is required to initially cover the cost of the test if you are unable to pay for the test at the time of your arrest for DUI.


Every case is different and every DUI lawyer is different.  You want a DUI lawyer with the most experience, the best reputation and most importantly, the ability to get you the best result.  If results matter to you, call Barnette Law Offices today for a free consultation!

Field Sobriety Test
In Tennessee, if an officer has reasonable grounds to believe a driver is DUI or impaired, he may request that the driver perform field sobriety tests.  Be advised that in Tennessee, field sobriety tests are voluntary.  There is no criminal or administrative penalty for refusal of field sobriety tests during a DUI investigation.

Field sobriety tests are divided attention tests which require an individual charged with DUI to follow instructions and perform physical maneuvers requiring balance and coordination.  According to NHTSA, an individual with a BAC above .08 g/dL will have difficulty performing these standardized tests.

In Tennesee, the most common field sobriety tests utilized are the Horizontal Gaze Nystagmus Test, the Walk and Turn Test, and the One Leg Stand Test (note the HGN test is inadmissible).  Numerous reasons exist as to why an individual may struggle with field sobriety tests other than intoxication or impairment.  For example, these tests are routinely administered late at night to individuals who are tired and frightened with the consequences of a DUI arrest fresh on their mind.  Medical conditions, including pre-existing injuries and weight, can impact the field sobriety test results.

If you have been arrested for DUI in Nashville, Davidson County or anywhere in Tennessee and performed field sobriety tests, it is crucial that you contact an attorney right away to explore all possible defenses to the allegation of the arresting officer.


The Nashville DUI Lawyer Jason Barnette and Barnette Law Offices are ready to put their skill and knowledge to work for you!

DUI Drugs
Law Enforcement officers throughout Tennessee and particularly, Nashville have recently started cracking down on drivers perceived to be impaired by controlled substances or drugs. Many believe that in order to be arrested for DUI with drugs or controlled substances in Tennessee, an individual must have taken some type of illegal substance.   It may surprise you to learn that in Tennessee, a driver can be arrested for DUI simply for driving after taking prescribed medication.

In defending against a DUI with drugs charge, it is critical that you be proactive in your defense.  For example, upon release from custody, securing an independent blood or urine test immediately following the arrest can be a useful tool to prove the amount of drugs or controlled substances consumed was not enough to cause impairment.  Oftentimes, law enforcement officers in DUI cases never take the appropriate steps to secure blood or urine test samples through the Tennessee Bureau of Investigation.

Law enforcement officers throughout the State of Tennessee are being certified as Drug Recognition Experts (DRE) trained to secure evidence in DUI cases.   In cases involving DUI with drugs or controlled substances, it is imperative that you contact an attorney skilled in DRE tactics to defend you.

It is imperative that you contact a DUI attorney skilled in DRE tactics, like Tennessee DUI Lawyer Jason Barnette and those at Barnette Law Offices, to defend you.right away!

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Wednesday, June 11, 2014

Barnette Law Offices–Nashville DUI Attorneys

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At , we have been defending those accused of for years.  uses several basic legal and scientific examinations in defending against DUI charges.  The actions of the police are governed by numerous policies, procedure and laws. Mistakes, misunderstandings, or errors from the initial contact to the final booking may be helpful in .

An improper stop is one of the most common mistakes police officers make in a .  For example, tips or anonymous calls - in most – does not give an officer a proper basis to pull you over. The officer must observe an actual violation of the law before the stop is legal.

An officer does not have ample cause to pull you over if his stop is predicated upon a mistake of law.  An example is weaving in the lane or “slapping the mustard an mayonase” as some officers refer to weaving.- This observation alone in not a proper basis to stop a driver.  For many reasons a driver may drift or weave within the lane.

Furthermore, an officers may not stop you on a “hunch”.  However, rarely will an officer admit this, but devoid of any other evidence the act speaks for itself. This is why it is imperative to examine the officers video in a timely fashion.

There are also many reasons why the actual arrest may be unlawful.  Field Sobriety Tests are standardized roadside agility tests that are subjectively “scored” by an officer to make an arrest. These subjectively scored tests do have specific rules and guidelines for observations as prescribed by NHSTA. If they are not followed then any and all conclusions by the officer would be improper.

Moreover, rain, snow, and extreme cold or heat can effect observations of driving and performance on FST’s. Failure to consider these factor can affect credibility of the officer.  There are numerous medical and physical conditions that can affect a person’s roadside behavior and performance. These issues should be considered and factored into an officers arrest decision.  Often they are not and in reality, these tests are designed to fail.  If you are asked to perform Field Sobriety Tests, we at advise you to respectfully advise the officer that you do not wish to have them administered.  You are very likely going to be arrested anyway and while flawed, field sobriety tests may be used against you.

Once the officer has completed his reason for the initial stop; he should terminate the contact and allow you to leave unless there are clearly articulated reasons to extend the detention.  Such reasons could be the allegation that the officer “smelled” alcohol eminating from the accused or that the accused had red, watery eyes.  , advises anyone never to speak to an officer as to whether they’ve been drinking.  The common statement of “I’ve had one or two” often leads to a conviction.

In some cases that we see, the officers video simple doesn’t support arrest narrative.  Most law enforcement agencies in middle Tennessee use videos.  When the videos are available, they may not support the arrest or may show facts different from what is in the police report.

Blood draws – whether whole blood or plasma – require specific reasons under . If these are not followed, the test may be inadmissible under the exclusionary rule.  In addition, there are statutory requirements that enumerate specific procedures that must be followed in performing a blood test (and breath tests as is the case in ).  Blood samples are typical not tested by an employee of the TBI. Multiple samples are loaded in a machine; it runs overnight and prints out multiple reports in the morning. This is open to many human and machine mistakes.

The same applies to breath tests to which are used to determine an accused’s blood alcohol concentration.  The operator of the machine must be certified and many officers are not.  The intoxillizer machine must be certified and periodically calibrated at least every 90 days.  Sometimes this does not occur and alarmingly, sometime the mouth piece for test subjects are not changed.

There are specific procedures that must be followed before a proper test can be administered.  Although does not require a reading of your Miranda rights in order to make a DUI arrest, if the officer continues to question you after your arrest, many statements may be excludable if you are not read or do not understand your Miranda rights.

If a witness was responsible for your initial stop or other key element, they will also have to appear at key sections of the case.  If the officer gives different stories, in his report from later testimony, it brings his credibility into question (although a will couch inconsistent statements as a mistake rather than trying to make the officer out to be a liar).

The have expert witnesses who often can analyze reports, breath tests, blood tests (retrograde extrapolation) and video tapes to help determine if the arrest was proper and the facts are correctly presented.  It is a medical fact that during the early stage of drinking, you will show an artificial “peak” while absorbing the alcohol. This means that during the early stages of absorbing alcohol-before it is fully absorbed into your system, you will present an inaccurately high blood alcohol concentration.

If you are charged with a DUI in middle Tennessee, please contact the skilled at as soon as possible.a

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Nashville DUI Lawyer

DUI cases are complex inasmuch as there is a blend of both legal and scientific issues involved.  Many make mistakes and these mistakes can harm their clients.  of Barnette Law Offices has included some of the mistakes below.

Some DUI Lawyers look at the police report, breath test sample or blood test results, and assume that the cannot be won. Breath tests, blood samples and field sobriety tests all have flaws that can be presented by an experienced .  Never assume defeat in any driving under the influence case - these cases can be won.

For starters, breath test results can be challenged for many reasons.  These machines flawed for they do not test deep lung air and are affected by any mouth alcohol.  Moreover, they must calibrated.  Some people have health conditions such as acid reflux, diabetes or are simply belching at the time of the test.  These reasons alone can cause inaccurate readings.

An experienced will always examine the traffic stop.  This is a fundamental part of both .  The police must have some legal justification for the traffic stop.  Some simply miss this point and fail to raise issues that could potentially lead to the ultimate dismissal of their client’s case by virtue of suppression.  Sometimes the mere act of filing a suppression motion makes the prosecution re-evaluate their position.  Bad traffic stops can lead to DUI cases either being dismissed or reduced to a lesser charge. 

While field sobriety tests are non-scientific and subjective, the location of the tests should be fair to the accused.  Heavy traffic, loose impediments, extreme weather, poor lighting or police lights, and unleveled surfaces can call into the question the reliability of these coordination tests.  It is always important to put these tests into content for the jury so that they can see why someone’s performance may have been unsatisfactory.  These tests are designed to fail and any obstacles can make them even more difficult to perform.  When done right, it is not difficult to show a jury these tests are fundamentally unfair. 

When the arresting officer was trained in field sobriety testing, he originally learned how to administer the tests through an instructor and his training manual.  This manual lays out guidelines that the police must follow when they administer these field sobriety tests.  Many know little about these tests or the rules that the police officer is supposed to follow per the NHSTA guidelines. 

This manual should be studied at length by your lawyer.  In fact, they should own a copy.  This way they will know exactly what questions to ask when the DUI officer takes the stand.  If the tests were not properly given, then their results can be called into question.  The tests are only as good as the officer’s instructions and training.  A successful challenge to these tests will weaken the prosecution’s case. 

It typically is not a good decision to have the DUI accused testify at trial.  They are not experienced witnesses and their testimony usually adds little to the defense.  The primary objective of the defense attorney is show the jury that the prosecution’s case is not strong enough to convict beyond a reasonable doubt.  When the defendant testifies, the trial focus is then placed on the credibility of the defendant verses the arresting officer’s investigation.  The jury is then forced to choose sides.  The defendant will seldom win this battle.

The state wants it to be a battle of credibility.  The prosecutor will jump up and down accusing the defendant of lying.  This shifts the focus away from the actual flaws and defenses of the actual DUI case.  If the cop lies, the jury will see it on their own.  It doesn’t have to be pointed out by the defendant or his attorney.  Reasonable doubt can be created without showing that the arresting officer is a liar.  It is a better practice to explain to the jury that the field sobriety tests are subjective in nature and the officer made a mistake of judgment.  Most jurors do not want to believe that the cop lied.  However, they will accept a mistake has been made.

 

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Tuesday, June 10, 2014

Nashville DUI Lawyer

are unique in the sense that  it is one of the few misdemeanors that are heavily prosecuted.  Typically, DUI charges arise from poor judgment, but nonetheless they are considered serious crimes.  However, police officers in make mistakes while doing their job in .  Mistakes can arise with respect to the reason you were stopped, administration of field sobriety tests, chemical tests to determine your blood alcohol concentration, etc.  At ,  and his team works hard to ensure all the circumstances surrounding your DUI arrest are examined in order to achieve the best outcome for your situation.

The penalties for even a first offense are harsh. A carries the following punishment:

  • Mandatory Minimum of 48 hours in jail (If BAC greater than .20, mandatory 7 days in jail)
  • Maximum $1,500 Fine
  • Loss of drivers license for one year
  • Community Service
  • Ignition Interlock Mandatory with BAC greater than .08

With said and while strives to have every DUI case dismissed or reduced to reckless driving or reckless endangerment, there are several options available to allow you to drive while your license is suspended. Restricted licenses permit you to travel to and from work, school, and certain other functions. In most cases, installation of the ignition interlock device would permit you to drive anywhere at anytime, however requires you to blow into the machine prior to starting your vehicle each time. In 2013, was amended yet again to require anyone whose blood alcohol concentration is over .08 to have ignition interlock installed in their vehicles in order to obtain a restricted drivers’ license from the Department of Safety.  can help you obtain such a license if you are convicted or plea to a .

Perhaps the most common misconception about a .  Jason Barnette examines each DUI case on its own facts.  Each district attorney will weigh certain factors when determining their offer.  Each judicial district in is different in terms of procedure and if they will even offer reductions.  Our job at as experienced is to analyze your case, identify the best defense and present the factor which weighs most heavily in your favor.

Do not be naïve and attempt to handle a DUI charge in middle Tennessee without an skilled .  Often there are issues which arise with cases that non-attorneys would never recognize. The law regarding are complex. Obtaining a proper analysis is important in any legal matter and it is imperative in a scenario where you could face jail time. There are many aspects of a DUI arrest in Tennessee which require careful analysis both from a factual standpoint and legal standpoint. Our offers free consultations for all and surrounding counties.

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Saturday, January 5, 2013

Nashville DUI Lawyer

Barnette Law Offices, LLC – Nashville DUI Lawyers

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Tennessee’s penalties for drunk driving are among the toughest in the country. If you are convicted of driving under the influence (DUI/DWI) you can lose your license for one year and will serve a mandatory jail sentence of 48 hours for 1st offense alone. If this isn’t your first offense, the penalties are even more severe, requiring 45 days in jail for a second conviction and 120 days in jail for a third. A restricted license is not going to happen absent exigent circumstances. If you’ve been charged with DUI in Nashville, Davidson, Rutherford, Williamson, or Wilson County or anywhere in Tennessee, it is imperative you retain skilled counsel such as the aggressive Nashville DUI Lawyers at Barnette Law Offices, LLC.

dui 2 drug crime

Barnette Law Offices, LLC – Experienced Nashville DUI Lawyers

It is critically important to have experienced Criminal Defense representation if you have been charged with a DUI. The Nashville DUI Lawyers at Barnette Law Offices, LLC offer just this.

Free Consultation – The Nashville DUI Lawyers of Barnette Law Offices, LLC experience separates us from many DUI and Nashville Criminal Defense Lawyers in the region. We know the process, the procedure, and will inform you of the same.

Davidson County Criminal Court expungment

Again, it is imperative that you retain skilled counsel to represent you in a Tennessee DUI case. The Nashville DUI Lawyers at Barnette Law Offices, LLC are prepared to discuss your DUI charges right away. Time is an important factor in any criminal matter, but is particularly important in DUI cases.

Our Nashville DUI Attorney’s represent clients throughout Tennessee in the following charges:

  • 1) DUI defense, felony DUI, multiple offenses
  • 2) Underage DUI
  • 3) Vehicular homicide, vehicular assault defense
  • 4) Speeding, reckless driving, DUI-related traffic offenses
  • 5) Obtaining restricted licenses

Presenting Your DUI Defense

field sob breath test prelim

If you did not submit to a blood alcohol content (BAC) or breath test, there are more options if the case proceeds to trial. If you did take a blood or breath test, the Nashville DUI Lawyers at Barnette Law Offices, LLC will make sure the tests were administered and interpreted correctly.

The Nashville DUI Lawyers at Barnette Law Offices, LLC also challenge the validity of the traffic stop, making sure the police had reasonable suspicion to pull you over and that they followed the laws related to search and seizure under the Constitution. If this is not your first DUI charge, you face a stiffer sentence and possibly a felony conviction if, again, this is your 4th DUI charge. Our Nashville DUI Lawyers at Barnette Law Offices, LLC will make sure that your DUI prior charges resulted in convictions for 1st through 3rd and that you were properly represented by counsel in each proceeding.

You may find more information at our Nashville DUI Law website and please to not waste time contacting our skilled Nashville DUI Lawyers at Barnette Law Offices, LLC or 615-585-2245 if you have been charged with a DUI in Tennessee.

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Nashville DUI Lawyer

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Tennessee DUI laws are similar to the DUI laws of most jurisdictions. However, a Tennessee DUI charge is one of the few crimes for which an individual can be convicted solely on the testimony of an arresting officer. While most Tennessee DUI offenses are classified as misdemeanors, a conviction for a fourth offense is a felony. Moreover, the penalties for a Tennessee DUI conviction are much more severe than in most jurisdictions. This is why it is imperative that if you are charged and arrested for a DUI in the Nashville metro area or anywhere throughout Tennessee that you retain a skilled Nashville or Tennessee DUI lawyer.

Tn Criminal drug crime

Tennessee DUI law essentially requires the District Attorney General’s Office to prove beyond a reasonable doubt that the person was (1) operating or in physical control of (2) a motor vehicle on (3) any public road, highway, alley, parking lot, or any other premises generally frequented by the public while (4) under the influence of alcohol or drugs, or with a blood alcohol content, or BAC, of .08% or higher.

A skilled Tennessee DUI defense attorney such as those at Barnette Law Offices, LLC typically attack elements one, three and four. However, an officer must first have probable cause to make an arrest for DUI. Even if probable cause is found for the arrest, element four can often be difficult to prove.

A seasoned Tennessee DUI lawyer can punch holes in the way in which field sobriety tests were performed and how a BAC test was performed as well. At Barnette Law Offices, LLC we do this frequently and successfully in Davidson, Dickson, Rutherford, Wilson, and Williamson Counties as well as throughout Tennessee.

breath test dui walk field sob

The implications of failing to retain an aggressive Nashville or Tennessee DUI lawyer can be catastrophic. Upon conviction for First Offence DUI in Tennessee, a person is subject to a maximum sentence of 11 months, 29 days, with a minimum of 48 hours in jail, or a minimum of 7 days in jail if, at the time of the offense, the defendant’s blood alcohol level was .20% or higher. Tennessee DUI laws for merely first offense also require a minimum $350.00 fine and court costs, the loss of your drivers license for a period of one year and enrollment in a court approved victim impact panel as well as DUI classes. Penalties for a second or subsequent conviction of DUI increase dramatically. On a second or subsequent offense, the vehicle used in the offense is subject to forfeiture. A fourth or subsequent conviction of DUI is classified as a Felony.

Davidson County Criminal Court expungment

If you’ve been charged with a DUI in Tennessee, please contact the Nashville DUI Lawyers at Barnette Law Offices, LLC by visiting http://www.barnettelawoffices.com or calling 615-585-2245.

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Nashville DUI Lawyer

header_barnettelaw

Tennessee DUI laws are similar to the DUI laws of most jurisdictions. However, a Tennessee DUI charge is one of the few crimes for which an individual can be convicted solely on the testimony of an arresting officer. While most Tennessee DUI offenses are classified as misdemeanors, a conviction for a fourth offense is a felony. Moreover, the penalties for a Tennessee DUI conviction are much more severe than in most jurisdictions. This is why it is imperative that if you are charged and arrested for a DUI in the Nashville metro area or anywhere throughout Tennessee that you retain a skilled Nashville or Tennessee DUI lawyer.

Tn Criminal drug crime

Tennessee DUI law essentially requires the District Attorney General’s Office to prove beyond a reasonable doubt that the person was (1) operating or in physical control of (2) a motor vehicle on (3) any public road, highway, alley, parking lot, or any other premises generally frequented by the public while (4) under the influence of alcohol or drugs, or with a blood alcohol content, or BAC, of .08% or higher.

A skilled Tennessee DUI defense attorney such as those at Barnette Law Offices, LLC typically attack elements one, three and four. However, an officer must first have probable cause to make an arrest for DUI. Even if probable cause is found for the arrest, element four can often be difficult to prove.

A seasoned Tennessee DUI lawyer can punch holes in the way in which field sobriety tests were performed and how a BAC test was performed as well. At Barnette Law Offices, LLC we do this frequently and successfully in Davidson, Dickson, Rutherford, Wilson, and Williamson Counties as well as throughout Tennessee.

breath test dui walk field sob

The implications of failing to retain an aggressive Nashville or Tennessee DUI lawyer can be catastrophic. Upon conviction for First Offence DUI in Tennessee, a person is subject to a maximum sentence of 11 months, 29 days, with a minimum of 48 hours in jail, or a minimum of 7 days in jail if, at the time of the offense, the defendant’s blood alcohol level was .20% or higher. Tennessee DUI laws for merely first offense also require a minimum $350.00 fine and court costs, the loss of your drivers license for a period of one year and enrollment in a court approved victim impact panel as well as DUI classes. Penalties for a second or subsequent conviction of DUI increase dramatically. On a second or subsequent offense, the vehicle used in the offense is subject to forfeiture. A fourth or subsequent conviction of DUI is classified as a Felony.

Davidson County Criminal Court expungment

If you’ve been charged with a DUI in Tennessee, please contact the Nashville DUI Lawyers at Barnette Law Offices, LLC by visiting http://www.barnettelawoffices.com or calling 615-585-2245.

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