Barnette Law Office, LLC

January 17, 2010

Nashville DUI Lawyers

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Barnette Law Offices, LLC – Why Pick Us For Tennessee DUI Defense?

      For Nashville and any Tennessee DUI case, your DUI Lawyers’ experience may be the most critical thing.

      Many Nashville and Tennessee DUI Lawyers make mistakes when it comes to defending clients which can harm their clients in terms of losing their license, paying fines, jail, having huge increases in their insurance rates.  The Nashville DUI Lawyers at Barnette Law Offices, LLC don’t.

      To protect yourself, know what these mistakes are so that when you contact the experienced Tennessee DUI Lawyers at Barnette Law Offices, LLC, you’ll see the difference.

A Tennessee DUI Case Can Be Won

      Most Nashville and Tennessee lawyers simply give up and 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. We at Barnette Law Offices, LLC know these flaws and use them to present reasonable doubt.

      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.

      Is it more costly to defend than to plead guilty?

      Sure it is. But with so much at stake, winning should not be the goal. At Barnette Law Offices, LLC, it probably will cost less than you think when considering our Nashville DUI installment plans.

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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 Nashville 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 Nashville 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.

      The Nashville DUI Lawyers at Barnette Law Offices, get copies of the various logs, maintenance records, and the operator’s license or certification.  Most lawyers don’t.

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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 suppresion discussion, the pre-trial hearing, and again at the trial, the stronger your case.  The exerienced Nashville DUI Lawyers at Barnette Law Offices, LLC know this and use this to our client’s advantage.

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Personally Inspecting The Arrest Location

      Most lawyers don’t inspect the arrest location.  At Barnette Law Offices, LLC, our Tennessee DUI Attorney’s do. 

      Doing so often exposes that the location made the roadside test difficult to perform.

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

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1 Comment »

  1. […] posted here: Best Nashville DUI Lawyers « Barnette Law Office, LLC Tags: barnette, dui, llc, make-the-stop, not-illegal, not-make, office, tennessee, […]

    Pingback by Best Nashville DUI Lawyers « Barnette Law Office, LLC | Mr. DUI's Blog — January 18, 2010 @ 4:37 am | Reply


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