Archive for category criminal offense
Underage Consumption: What a Headache.
Posted by Arrin Zadeh in criminal offense, Criminal Record, Frequently Asked Questions, Legal Rights on March 7th, 2024
As most folks should know, if you are under the age of 21 you are not allowed to consume alcohol in Tennessee (and all other states in the U.S.). In fact, an underage person who has been drinking or is in possession of alcohol could find themselves in trouble not only criminally, but also academically. The days of college kids getting a “slap on the wrist” for underage consumption are gone. Getting caught underage drinking, at a bar or elsewhere, and being asked to leave/safely get home is no longer the norm. More and more underage individuals are being arrested for drinking underage and the consequences are much more serious than just a headache from a bit too much to drink.
Under Tennessee law, an offense of Underage Consumption is codified in T.C.A. § 1-3-113. The code sets out that if one is underage (under 21 years of age) and that person is arrested or cited for drinking/possessing alcohol (among several things), the punishment can be up to 11 months and 29 days in jail, if convicted. This means the offense of Underage Consumption is a Class A Misdemeanor, the most serious class of Misdemeanor Offense in Tennessee. Additionally, the individual faces up to a $2,500 dollar fine. In some cases, the person could lose their driving privileges up to one year.
Aside from the legal punishments, if the individual is in school (high school or college) and charged with Underage Consumption of Alcohol, they can also face academic consequences (such as: probation, loss of scholarship, or expulsion). Depending on the circumstances, the individual’s academic record could be tainted and could lead to difficulties graduating or being accepted into a competitive graduate school program.
As the reader can tell, drinking underage can lead to more than just a headache from the hangover. This offense can lead to major difficulties for that individuals’ future (criminally and academically).
A knowledgeable and well-versed lawyer may be able to help not only avoid a conviction for this offense but be able to erase it from the individual’s public criminal history. The lawyers at Oberman and Rice are willing and able to help with such a situation. The Oberman and Rice Law Firm is located only a few minutes from the University of Tennessee-Knoxville and deals with many of these types of alcohol violations (and academic situations). Our lawyers are available 24 hours a day if you or a loved one needs help and/or information to preserve their future because of an underage drinking charge. The Oberman and Rice Law Firm may be reached by calling (865) 249-7200.
New DUI Law Alert–Work Release Requirement Update
Posted by Sara Compher-Rice in Court Procedures, criminal offense, DUI Penalties, Frequently Asked Questions, Tennessee DUI Laws, Tennessee DUI News on January 8th, 2024
The Tennessee Legislature passed several new laws that are scheduled to take effect on January 1, 2024. The second DUI related law we are highlighting involves the Tennessee Work Release Program. Work release is a form of probation that may be used, in certain circumstances, after a person has served their mandatory minimum sentence. In fact, many DUI offenders are precluded from work release programs, which allow offenders to leave the detention facility at scheduled times to attend work. Beginning January 1, 2024, Tennessee criminal offenders who are accepted into a work release program have additional restrictions.
Under this new law, “beginning January 1, 2024, a prisoner of a county workhouse or jail who is released from custody on work release or otherwise allowed to leave the grounds of the county workhouse or jail for employment or to perform work in the community, whether the work is paid or unpaid, must use an electronic monitoring device at all times when the prisoner is not on the grounds of the county workhouse or jail.” Tennessee Code Annotated § 41-2-152. Additionally, the entity employing the offender is responsible for all costs associated with the electronic monitoring device.
Should you have any questions relating to a DUI arrest in Tennessee or about the requirements under Tennessee DUI laws, the lawyers at Oberman & Rice are available to speak with you at (865) 249-7200. You may learn more about Tennessee Driving Under the Influence laws by visiting www.tndui.com.
Speeding or Traffic Ticket? Talk to a Lawyer!
Posted by Arrin Zadeh in criminal offense, Criminal Record, Tennessee Driver's License, Traffic Citations, Traffic Ticket, Uncategorized on October 1st, 2019
No matter where you are driving in the United States, one constant exists: Drive over the Speed Limit and you are probably going to receive a ticket. These tickets that are administered by various law enforcement agencies are meant to levy punishments against the driver as a form of deterrence. These punishments normally include: fines/court costs; potential points/infractions on one’s driving record; required attendance to a driving school and a potential increase in insurance premiums. Public safety is the main reason for deterrence, and these Speeding tickets (along with other traffic citations) serve as a way to help prevent accidents and keep folks safe on the roadways.
Frequently, however, individuals who receive Speeding tickets (and other traffic citations) choose not to get a lawyer and instead handle the case on their own (or pro se.) While there is nothing legally (or ethically) wrong with the handling of a traffic ticket oneself, a lawyer should know the procedures and local rules of a jurisdiction where the ticket may be docketed (and potentially help obtain a favorable outcome). Additionally, a lawyer should be able to advise the driver about any potential point increase on their driving record and other risks associated with just “paying off a ticket.” “Paying off a ticket” is equal to being found guilty of the alleged traffic infraction.
Commercial Drivers (those having Commercial Driver’s Licenses or C.D.L.) also need to be extremely careful as states (such as Tennessee) are cracking down on these special license holders. C.D.L. drivers should always consult with a lawyer before handling any Speeding ticket or traffic citation because such offenses could potentially lead to disastrous consequences for the C.D.L. holder.
If you receive a Speeding ticket or any other traffic citation please contact a knowledgeable lawyer to help advise you on the situation. Furthermore, if you receive a Speeding ticket or traffic citation in Tennessee please feel free to contact the lawyers of Oberman & Rice. With over 80 years combined experience, the law partners of Oberman & Rice are ready to answer your questions about any ramifications a Speeding ticket may have on your driving record. Our lawyers may be contacted by calling (865) 249-7200 or by email at and of the following: az@tndui.com, sara@tndui.com or oberman@tndui.com.
THP set to combat distracted drivers with “Operation Incognito”
Posted by Arrin Zadeh in Court Procedures, criminal offense, Driver License Reinstatement, Frequently Asked Questions, Legal Rights, Tennessee Driver's License, THP, Traffic Citations, Traffic Ticket, Uncategorized on November 13th, 2018
Drivers on the roads throughout Tennessee who are preparing for the Holiday Season need to be mindful as the Tennessee Highway Patrol initiates “Operation Incognito”. The campaign started on November 11 and plans to run through November 17.
The initiative’s goal is to combat distracted driving (texting while driving, etc.) on the roads of Tennessee. As THSO Director Vic Donoho states, “The primary focus of Operation Incognito is to reduce distracted driving, serious injury traffic crashes, and fatalities.” Additionally, THSO Director Vic Donoho goes on to say that some secondary goals of “Operation Incognito” will be for the Tennessee Highway Patrol to saturate construction zones and attempt to increase driver’s awareness for utility maintenance zones.
The DUI defense lawyers at Oberman & Rice are always willing to help those who may receive any traffic citations during the Operation Incognito campaign and beyond. Traffic violations (if convicted) can add points to your driver’s license and cause your insurance premiums to skyrocket. Before you pay off a traffic citation and receive a conviction, it is important to discuss with a lawyer any potential penalties and consequences. Please review our website for more information or call us with questions at (865) 249-7200. Our lawyers are available 24/7.
Tennessee Highway Patrol Planned Checkpoint For Labor Day 2018
Posted by Arrin Zadeh in Boating Under the Influence (BUI), Breath, Chemical (Blood, criminal offense, DUI Penalties, Field Sobriety Tests, Frequently Asked Questions, Horizontal Gaze Nystagmus Test, Legal Rights, One Leg Stand Test, Tennessee DUI Checkpoints, Tennessee DUI Chemical Tests, Tennessee DUI Consequences, Tennessee DUI Information, Tennessee DUI Laws, Tennessee DUI News, Tennessee DUI Penalties, Tennessee Traffic Violations, Walk and Turn Test on August 27th, 2018
Motorists in Knoxville need to be mindful during the upcoming Labor Day Weekend while driving to the lake or local pools to celebrate the “unofficial” end of summer. Tennessee Highway Patrol troopers will be out in force this Labor Day weekend ensuring that motorists are not driving while impaired or committing traffic violations.
The 2018 holiday enforcement period begins Saturday, September 1, and will include a sobriety checkpoint at East Emory Road at Longmire in Knox County, Tennessee. Other checkpoints are scheduled throughout September for the East Tennessee area. For a list of all planed checkpoints in September please click here.
The DUI defense lawyers at Oberman & Rice are always willing to help those who may be falsely accused, but we’d prefer that the readers of this blog not place themselves in a position to be suspected of driving under the influence of an intoxicant. Please review our website for more information or call us with questions at (865) 249-7200.
Fourth of July Holiday and Fireworks
Posted by Arrin Zadeh in criminal offense, Criminal Record, Frequently Asked Questions, Legal Rights on June 28th, 2018
With the Fourth of July Holiday quickly approaching, it is important to take a step back from the lake adventures and cookouts to think of our great country and how many of our forefathers fought and persevered for our country’s Independence around 242 years ago. As with every Fourth of July Holiday, the city of Knoxville will have a celebration (rain or shine) that culminates with Fireworks (free to the public) starting around 4:00 p.m. and the Fireworks to be deployed around 9:45 p.m. Information regarding the celebration may be found here.
All of us love fireworks (except for maybe our four-legged family members). Please remember that the City of Knoxville prohibits the possession, transportation, storage, manufacture, sale, handling and discharge of fireworks without a permit from the Fire Marshall (See the Knoxville Tennessee City Code of Ordinances, Section 11-5 through 11-7). Furthermore, violation of this City Ordinance is a Misdemeanor with a fine of up to $500.00 and/or 30 days in jail for each separate offense (See the Knoxville Tennessee City Code of Ordinances, Section 1-9; General penalty- continuing violations). In other words, shooting (even simply handling) fireworks without a permit in the City of Knoxville can lead to criminal prosecution that may result in a criminal conviction on your criminal public record that may hinder your ability to obtain a job or your ability to receive a scholarship for college/higher education. Additionally, Knox County (outside the city limits of Knoxville) does not allow the shooting/possession of fireworks.
The criminal defense lawyers at Oberman & Rice are always willing to help those who have been arrest or cited for a criminal offense. Our lawyers are available 24/7 to answer questions regarding an arrest or citation for any criminal offense. Please review our website for more information or call us with questions at (865) 249-7200.
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