June 26, 2011
Nashville DUI Defense Lawyers
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. 
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.
June 25, 2011
April 19, 2011
East Tennessee DUI Lawyers
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 Tennessee DUI convictions are typically more severe than in most jurisdictions. This is why it is imperative that if you are charged and arrested for a DUI in the Tri-City area of East Tennessee or throughout East Tennessee that you retain a skilled Tennessee criminal defense lawyer well versed in DUI defense.
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 criminal defense lawyer skilled in Tennessee DUI defense such as Jason Barnette typically attacks 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 goo 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 in Davidson, Rutherford, Wilson, and Williamson Counties and now, throughout East Tennessee.
The implications of failing to retain an aggressive 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.
If you’ve been charged with a DUI in Tennessee, please contact the Tennessee criminal defense lawyers at Barnette Law Offices by visiting http://www.barnettelawoffices.com or calling 615-585-2245.
April 17, 2011
East Tennessee DUI Lawyers
Barnette Law Offices – Why Pick Us For East Tennessee DUI Defense?
For an East Tennessee DUI case, your attorney’s experience may be the most critical thing.
Choosing an East Tennessee DUI lawyer is an important decision. If charged, you face the possibility of losing your license, paying fines, jail time, and having huge increases in your insurance rates. The East Tennessee DUI Lawyer, Jason Barnette, will zealously represent you.
A Tennessee DUI Case Can Be Won
Some East Tennessee DUI lawyers advise the client to plead guilty when receiving a Blood Alcohol Content over .08%
In fact, the breath test, the alcohol blood level test, and the roadside tests the arrested person has to perform all have potential built-in flaws. For example, the results of a breath test can be challenged through a Motion to Suppress, or evidence of your sobriety, or with cross examination of the police officer or the state’s expert. I’ll say more about these in a minute.
The Breath Test Rules in the T.C.A. Weren’t Adhered To
Tennessee has codified rules which must be followed when administering a breath test in a Tennessee DUI arrest. Good East Tennessee DUI Attorney’s know these rules and ascertain whether they were applied correctly. Showing that the rules weren’t followed can be used to exclude the breath test results altogether.
The testing officer is supposed to watch you for 20 minutes before giving the test to make sure you don’t smoke, drink alcohol, eat or regurgitate. Tennessee courts have excluded test results for this violation in Tennessee DUI cases.
The rules any good Bristol, Johnson City, or Kingsport DUI Lawyer should know include:
- -the test operator having a current certification.
- -the machine having a current certification.
- -calibrating the machine as often as required.
- -changing the mouthpiece before the test is given.
- -keeping a record of the temperature of the calibrating solutions in the machine.
- -keeping a log of the tests run.
- -counting the number of times the calibration solution has been changed.
East Tennessee DUI Lawyer, Jason Barnette, will request copies of the various logs, maintenance records, and the operator’s license or certification.
File Motion for Suppression of Evidence
Not filing this pre-trial motion is a huge mistake. Even though this doesn’t succeed very often, a case can be won by filing it nonetheless. While a stop is generally justified if you were weaving from lane to lane, weaving within a lane is not illegal under Tennessee DUI law and may not make the stop reasonable. And whether they’ll admit it or not, a motion to suppress based upon any number of reasons may strike a cord with a judge.
Even if the motion loses, it provides another opportunity to question the arresting officer for impeachment purposes. If the testimony is different in the suppression discussion, the pre-trial hearing, and again at the trial, the stronger your case. East Tennessee DUI Lawyer, Jason Barnette, knows this and will use this to your advantage.
Personally Inspecting The Arrest Location
Some lawyers don’t inspect the arrest location. At Barnette Law Offices, East Tennessee DUI Attorney Jason Barnette does.
Doing so often exposes that the location made the roadside test difficult to perform.
If you’ve been arrested for DUI in East Tennessee, contact the East Tennessee DUI Lawyer, Jason Barnette, at Barnette Law Offices or 615-585-2245.
Barnette Law Offices – Tennessee DUI Attorney’s
Barnette Law Offices – DUI Defense
Jason Barnette of Barnette Law Offices, LLC, focuses upon aggressively defending people arrested and charged with DUI throughout Tennessee. Tennessee DUI Defense Attorney Jason Barnette serves clients throughout the state of Tennessee and is dedicated to aggressively defending his clients.
With experience regarding DUI / Drunk Driving defense, Barnette Law Offices represents each DUI / Drunk Driving client personal care and attention.
Clients appreciate the comprehensive and supportive legal representation they receive from the dedicated staff and attorneys at Barnette Law Offices. Jason Barnette successfully represents clients throughout Tennessee in cases ranging from first-time DUI / Drunk Driving offenses to repeat DUI / Drunk Driving offenses as well as felony DUI / Drunk Driving cases that can carry significant penalties, including jail or prison time.
Contact Tennessee DUI Lawyer Jason Barnette of at 615-585-2245 today.
TENNESSEE UNEMPLOYMENT BENEFIT APPEAL LAWYER
Have you been denied unemployment benefits by the Tennessee Department of Labor and Workforce? If so, you have the right to appeal and rebut all evidence presented by your former employer.
Jason Barnette is one of the very few attorneys in Tennessee which focuses on unemployment benefit appeals before the Tennessee Department of Labor and Workforce.
Please contact us today at 615-585-2245 or http://www.barnettelawoffices.com if you’ve been denied for unemployment benefits by the Tennessee Department of Workforce and Labor.
