Under TCA 55-10-406 any person driving a motor vehicle in Tennessee is deemed to have given implied consent to a breath test, a blood test, or both to determine the person’s alcohol or drug content of their blood. A refusal to submit to one of these tests is a civil rather than criminal offense. Therefore, drivers cannot be punished with jail time but will face mandatory suspension periods of their driver’s license. The Tennessee Court of Criminal Appeals clarified that “consent” under the implied consent statute is not voluntary consent to search but consent to certain consequences if permis ..read more

A speeding ticket or traffic citation for a CDL driver can have a serious effect on their employment. While a non-CDL driver may be eligible for traffic school to keep a traffic citation off their driving record, there are some limitaitons on what Courts are allowed to do with citations for CDL drivers. 49 CFR § 384.226- Prohibition on masking convictions: The State must not mask, defer imposition of judgment, or allow an individual to enter into a diversion program that would prevent a CLP or CDL holder’s conviction for any violation, in any type of motor vehicle, of ..read more

“Can my social security check be garnished for child support” is a question some parents may find themselves wondering. The answer to that questions depends on the type of social security benefit the parent receives. Two main types of benefits are Social Security Disability Income (SSDI) and Supplemental Security Income (SSI). SSI vs. SSDI: The Tennessee Supreme Court in Tennessee Dept. of Human Servs. ex rel. Young v. Young, 802 S.W.2d 594 (Tenn. 1990) provides a detailed explanation of the comparison of SSI benefits to SSDI benefits ..read more

What is Delta-8 THC?  Delta-8 THC is one of over 113 cannabinoids found in the cannabis plant. Like Delta–9 THC and CBD, Delta-8 THC is a natural chemical found in cannabis plants. Delta–9 and CBD cannabinoids derived from legal cannabis are much more prevalent in use in Tennessee. However, Delta–8 is receiving a considerable amount of attention from cannabis consumers in the State of Tennessee who want to consume a legal product and receive the unique benefits that Delta 8 provides.   Delta-8 THC is chemically different fr ..read more

FORMALIZING FOREIGN ADOPTIONS IN TENNESSEE Parents who have adopted a child in a foreign county may be surprised to find out they need to take additional steps once returning to the U.S. with their child. After working with foreign adoption agencies and foreign judicial systems for lengthy periods of time the process is not complete once you are home with your child. Citizenship and Birth Certificates are essential items in the adoption process, unfortunately neither of these are guaranteed to be automatically granted based on the foreign adoption alone. The good news is that these issues can ..read more

JUDICIAL DIVERSION – TENN CODE ANN. 40-35-313      THE GOLDEN TICKET We all make mistakes and one mistake should not define a person. If this is the first time you’ve been charged with a crime or crimes, understandably you are worried. If you have gone a step further and researched the maximum punishments that accompany the crime(s) you are charged with, you are keeping yourself up at night worrying. Any criminal conviction on one’s record can have significant consequences on their ability to obtain jobs, housing, or loans. REST ASSURED. Fortunately, Tennessee has a program for ..read more

In a recent Tennessee Court of Appeals decision, Luker v. Luker, M2018-00138-COA-R3-CV (Tenn. Ct. App.2018), the Court addressed whether a respondent in an Order of Protection case had a right to conduct discovery in order to prepare for the hearing.  The typical Order of Protection case is set for a hearing within fifteen (15) days of the respondent being served.  Once served, typically an ex parte order of protection is issued, which many believed was intended to protect the petitioner from harm. In Luker, the Court of Appeals stated, much differently, that the requirement of a hea ..read more

LANDLORD TENANT LEGAL ISSUES IN THE WAKE OF THE 2020 TENNESSEE TORNADOES & COVID – 19. On March 2nd and 3rd of 2020, a series of large tornadoes touched down in Middle Tennessee, resulting in widespread damage, injuries, and fatalities. Lives were lost, electric lines were toppled, and countless homes were damaged or destroyed. In the weeks that followed the tornadoes, a new emergency, the COVID-19 pandemic, has been forced to the forefront of everyone’s minds. As a result of “Stay at Home” orders all across the state and country, many people’s job security, and their ability to pay rent ..read more

Nashville is experiencing a significant increase in tourism. As reported by the Tennessean on January 25, 2018, “the Nashville area set another record for annual visitors in 2017, bringing in 14.5 million people and reaching a new high mark for hotel rooms sold.” While traditional hotel stays have been the staple of tourism for Nashville and most US cities, short-term rental services like Airbnb, HomeAway, and VRBO have increased in popularity as a means of vacationing in a comfortable and private environment. Short-term rentals have become the desired method of traveling for a large portion o ..read more