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11Nov 2016

Miranda Does Have Some Twilight Zones

We are all familiar with the fact that the police must read you your Miranda rights before questioning you. This reminds you that you have the right to remain silent and that you have the right to have an attorney present during questioning. However, there are certain situations where the Supreme Court has ruled that Miranda rights do not need to be read. In...

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11Nov 2016

My Dad Has Multiple DUIs, I have None. Can I Take the Hit for Him?

Believe it or not, some people are so protective and attached to others, that they will sacrifice their own criminal background to clear someone of charges. This is currently a scenario under investigation in Tennessee. If it is not obvious when police arrive as to who the driver of a vehicle was at a crash scene, they must rely on witness testimony. Such is the...

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11Nov 2016

I Was Asleep in the Back Seat. No DUI, Right?

Many people believe that if they have had one too many and decide to drive anyway, that falling asleep in the back seat is a sure way to avoid a DUI. After all, you aren't technically operating the vehicle right? You are asleep in the back seat! To the surprise of many, this is often not the case. Specifically the decision whether or not to...

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11Nov 2016

If I Am Arrested for DUI and I Call My Attorney From Jail, Is My Conversation Protected?

This is an interesting question and one that does merit attention as most people accused of DUI first contact their lawyer from jail. The answer to this question is - it depends. Increasingly, jails and detention facilities record every conversation that an inmate holds, be it between friends, family members and perhaps, even attorneys. What does this mean? Theoretically, it means that the State and...

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