Posts by Adrian Altshuler
Modifying Your Parenting Plan When Circumstances Change
When Tennessee couples with children divorce, they create (sometimes on their own, sometimes with lawyers, sometimes by ruling from a judge) a parenting plan. The basic format of the plan is supplied by the TN courts, and must be used for the creation of a new plan, or to modify an existing one. We point…
Read MoreFrequently Asked Questions about DUIs in Tennessee
There have been a lot of changes (and proposed changes) to the DUI laws in Tennessee in the last year. Because of that, people who have been charged with a DUI have been asking us a lot of questions lately about the laws, the penalties and the fines. That is why we collected a list…
Read MoreFive Signs You May be Heading for Divorce
The decision to end a marriage is always a tough one, even if both spouses are in agreement. After all, no one gets married in the hopes of one day getting a divorce. Over the years, we’ve found that there are certain indicators that a couple is ready to divorce, or at least ready to…
Read MoreCollege Students Beware: You Future Could Be on the Line if You Are Charged with a Crime, Let Alone Convicted of One
Tennessee has a lot of colleges, trade schools and universities. That means we have a lot of college “kids” running around the state at any given time of the year. Now, we say “kids” because most of these students are at least 18 years of age, which makes them adults in the eyes of the…
Read MoreBonnaroo is Almost Here, and Coffee County is Cracking Down on Citations
The 15th Annual Bonnaroo music festival is a mere days away. Last year’s festival saw more than 80,000 attendees on the 700-acre farm in Manchester, Tennessee, and we can expect at least that many this year, as Bonnaroo continues to expand. You might see a few changes this year, too – like permanent bathrooms, a…
Read MoreWhen is it OK for a Police Officer to Search Me?
Most people understand that the 4th Amendment to the U.S. Constitution protects us from having to submit to unreasonable search and seizure, but there is considerable confusion about the details. A police officer can stop you and ask you questions, but he or she is not permitted to search you unless they have probable cause…
Read MoreTips for Avoiding a DUI at Bonnaroo
Before long the 2016 Bonnaroo season will be in full swing here in Tennessee. From June 9th through the 12th, Manchester, TN will bloom into a small city with thousands of visitors who will be our guests for the four day music festival-palooza. We are going to be honest and let you know that you…
Read MoreQuestioning the Legality of Drug Testing Kits at Music Festivals like Bonnaroo
For five days each summer, the Old McAllister 750 acre farm located outside of Manchester, Tennessee becomes the sixth largest city in Tennessee, jam-packed with nearly 100,000 people when Bonnaroo comes to town. The largest music festival in the United States, Bonnaroo takes over the sleepy little town of Manchester with its 10,000 residents located…
Read MoreProposed Bill Would Boost Repeat DUI Penalties and Reduce Penalties for Small Amounts of Drug Possession
Rep. William Lamberth has introduced controversial legislation that would toughen drunk driving laws while simultaneously reducing the penalties for repeated drug possession. As introduced, HB 1478 would punish a sixth offense DUI as a Class C felony, punishable by three to 15 years in prison. It would define “prior convictions” for the purpose of enhancing…
Read MoreConversation Agents Cannot Replace Trusted Legal Advice
Conversational agents such as Siri, Google Now, Cortana and S Voice are computer programs housed within smart phones, which are designed to respond to user’s question in a “natural” language that attempts to follow real, human conversations. The challenge with conversational agents is that people often do not understand the limitations of the technology and…
Read MoreHow Vacations and Summer Travel Impact Parenting Plans
This is the time of year when parents start planning vacations and make plans for the summer months. When you are going through a divorce, or after the divorce is finalized, the parenting plan agreement is an important document that will govern the communications between the two co-parents. Even when the co-parents have a relatively…
Read MoreDo I Have to Take a Field Sobriety Test When I Get Pulled Over in Tennessee?
That queasy feeling in the pit of your stomach that comes when you have seen the blue lights flashing in your rear-view mirror and you realize that you are being pulled over by a police officer. It is really late at night and you are on your way home from a party. You have consumed…
Read MoreIs Your Former Spouse Unemployed or Under-employed to Avoid Paying Child Support?
The adversarial divorce is over and your former spouse has been ordered to pay child support for the child you have together; however, you believe that they are not making an effort to find a job because they want to avoid paying child support. What can a primary residential parent do when the alternate residential…
Read MoreMarijuana Might be Legal in Other States, but Tennessee Still has Tough Penalties against Pot
Marijuana is legal for personal use in some states – but Tennessee is not one of them. Law enforcement in Tennessee takes our drug laws seriously, and drug offenders can face serious penalties if they are convicted of their charges. The Tennessee legislature is making some attempts to pass legislation that would legalize cannabis oil…
Read MoreBalancing Privacy and Protection: Tennessee Law Enforcement’s Use of Body Cameras and Dash Cams
In October of 2014, 17-year-old Laquan McDonald was shot 16 times and killed by a police officer in Chicago. The whole event was captured on the dashboard camera of another police patrol car on the scene. The dash cam footage was not released until November 2015, which is 13 months after the incident. The footage…
Read MoreObtaining Police Personnel Files to Support Your Criminal Defense Case
If you have been arrested and charged with a crime, and you observed some form of misconduct on the part of the arresting officer – whether it was the use of excessive force, a violation of your civil rights, or you suspect that they might have planted or tampered with evidence – you may wonder…
Read MoreCan You Fight an Ignition Interlock Device Penalty in Tennessee?
An Ignition Interlock Device (IID) is a piece of equipment that contains a breathalyzer. It connects with a vehicle’s ignition system and requires the driver to breathe into it before the car will start. If the driver has more than .02 BAC (Blood Alcohol Concentration) in their breath, the vehicle will not start. If the…
Read MoreThe Dangers of Drugged Driving and the Consequences in Tennessee
In the same way that drinking and driving is hazardous, drugged driving, which is getting behind the wheel while under the influence of illicit drugs or prescription drug, puts both the driver, their passengers and the other drivers on the road in danger. According to the National Survey on Drug Use and Health (NSDUH), approximately…
Read MoreUnderstanding Electronic Discovery in Divorce Litigation
We are surrounded by electronic screens in every aspect of our lives these days. Our mobile phones are never out of reach, we stare at computer screens all day and then stare at a television screen in the evening, which is likely to be streaming content from the Internet. Because we use electronic devices constantly,…
Read MoreJudge’s Ruling on a Procedural Flaw Could Affect 80 Sullivan County DUI Cases
There has been a glitch in the way DUI cases have been processed in Sullivan County for the past 20 years. Until recently, no one took notice that Rule 3 of the Tennessee Rules of Criminal Procedure were not being followed in Sullivan County, which could lead to the dismissal of at least 100 pending…
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