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Knoxville criminal defense attorney Domestic violence can carry up to a year in jail, in addition to steep fines, probation, mandatory batterer’s intervention programs, and more. The judicial consequences are not to be understated. They may create significant hardship. Yet, many of the harsh consequences of a domestic violence conviction are extrajudicial. The financial hardship commonly associated with a domestic violence conviction is not ordered by a judge. The court concerns itself with the formal legal punishments you will face with little regard for how your overall life plan may be affected.

Even upon the termination of your sentence, the collateral consequences may continue to follow you. This is why it is of such great importance to be represented by a skilled criminal defense attorney, who may be able to act to reduce or dismiss your charges. 

Understanding the Societal Consequences of Domestic Violence Charges

If you are facing domestic violence charges, it is important to understand and acknowledge the likely collateral consequences of a conviction. If you ultimately face conviction, you may experience societal consequences such as: 

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Knox County truck accident lawyerA serious collision between any two vehicles on the road can result in serious harm to the people inside them. When the accident involves a commercial truck, multiple vehicles are often involved, and extreme or fatal injuries are common. If you have been involved in a serious truck accident and need to pursue compensation, it is important that you are able to demonstrate what negligent action on the truck driver or their employer’s part led to the accident.

The scene left behind after a truck accident can be chaotic. It may be difficult to piece together exactly what happened, especially if the truck driver lost control and struck multiple vehicles. An attorney who is experienced in handling truck accident claims may be able to undertake a skilled investigation that could reveal the cause of the accident. 

Types of Evidence an Attorney Can Help Find

While there is likely to be some important evidence left behind at the accident scene, there are many other types of proof that may or may not be available in your case. An attorney may look for evidence like: 

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Knoxville DUI defense attorneyBeing legally entitled to possess and use a controlled substance that a doctor has given you a prescription for does not mean that you are allowed to drive after taking it. Many prescription drugs can cause impairment that affects a person's ability to operate a vehicle safely just as much as alcohol can. Medications like strong narcotic painkillers, anxiety medications, and even lighter medications like muscle relaxers or sleeping pills can change a person's level of alertness and coordination. Unfortunately, people can and often do get arrested and charged with a DUI for driving while affected by their medications. If you have been charged with DUI after using your prescription medication, it is important to work with a skilled DUI lawyer who can help you fight back. 

What Prescription Drugs Could Lead to a DUI?

Prescription drug DUIs can be complicated. While a drunk person’s BAC can show exactly how intoxicated they are, there is no such test easily available to measure a person’s level of intoxication when there is a different substance working. Tests will typically only show whether you have taken a substance in the recent past, not whether you are actively intoxicated. Much of the evidence in these cases is based on the police officer’s subjective observations. 

Some prescription drugs that you could get a DUI after taking include: 

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Knox County personal injury lawyerGetting hit by a drunk driver can be an incredibly frustrating experience, especially when you are badly injured. You may have suffered extreme terror in the moments leading up to the crash as you helplessly watched a clearly intoxicated individual drive right into you. Clearly, the driver knew better than to get behind the wheel after getting drunk but did so anyway. The driver (or their insurance company) is likely on the hook for compensating you. In Tennessee, you may also have another option for seeking financial compensation. If the drunk driver who caused your accident was overserved or served while underage at a bar, and their intoxication caused your injuries, then the bar may be liable under Tennessee’s Dram Shop Act. If you have been injured by a drunk driver, an attorney may be able to seek out compensation for you from multiple sources. 

What Tennessee’s Dram Shop Laws Say

Bartenders are expected to serve patrons responsibly, which includes checking ID carefully and cutting off patrons who have become visibly intoxicated. Not all bars are as fastidious as they should be about making sure that they are not serving minors or allowing people to become excessively intoxicated. 

Under our state’s Dram Shop laws, a drinking establishment may be liable for a drunk driving accident if they served someone who was either under 21 years old or visibly intoxicated, and that person’s intoxication was the proximate cause of your injuries. This is a fairly high standard of proof, greater than the “preponderance of the evidence” standard usually used in civil litigation. 

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Knoxville DUI defense lawyerObviously, driving your personal car, pickup truck, minivan, or whatever you happen to own while intoxicated can get you pulled over and charged with a DUI. However, personal street vehicles are not the only vehicles that you can get in trouble for operating while impaired. If you get a DUI on a boat, it is called Boating Under the Influence.

In general, if it rolls, flies, or floats, you should not be driving it anywhere while you are intoxicated, if not for legal reasons than for safety reasons. The thinking behind this is that if you could easily hurt someone by crashing your vehicle into them due to intoxication, you absolutely should not be in control of the vehicle while under the influence of alcohol or drugs. If you have been charged with any form of a DUI, it is important that you take the matter seriously and find a good criminal defense attorney. 

Vehicles You Cannot Operate While Impaired

You could get charged with DUI or a variation of a DUI if you are caught drunk or drugged driving a: 

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Knox County motorcycle accident lawyerThere is no reason that cautious drivers and motorcyclists cannot share the road safely. When both follow all traffic laws, focus on the road, and show a little respect for the safety of others, most motorcycle versus car accidents could be prevented. However, not all drivers are as careful as they should be when it comes to the safety of motorcyclists. Motorcycles are smaller and usually lower to the ground than cars, making them a bit more difficult to spot. However, there are still precautions reasonably careful drivers take to keep motorcyclists around them safe. If you were injured by a car while riding a motorcycle, it is most likely because the driver was negligent in some way. You may be entitled to recover compensation for your injuries and damages. 

Negligent Driving and Motorcycle Accidents

Drivers remaining aware of everything that is happening on the road around them is a critical safety measure. Attentive drivers will notice the presence of a motorcycle, either because they were looking around and saw it, or because they recognized the distinct sound of a bike engine and started paying attention. Careless drivers may not even notice that there is a motorcycle until they have hit the motorcyclist and it is too late. 

A few negligent driving habits that can endanger motorcyclists include: 

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Using a Restricted License After a DUI

Posted on in DUI/DWI

Knoxville DUI lawyerOne of the most difficult-to-cope-with consequences of a DUI is the loss of a driver’s license. In Tennessee, if you are convicted of driving under the influence of any intoxicating substance, you are likely to have your license revoked for some time. The exact length of the revocation can depend on a number of circumstances, like whether you have prior DUI's. During this time, life can be challenging. Unless you live in a city with excellent public transportation, not being able to drive can make getting to school or work, picking your kids up from school, and even getting groceries a challenge. Fortunately, there may be a way to get a restricted license that will allow you to drive for certain limited purposes. Our attorneys can help you apply. 

What Can I Do With a Hardship License?

Restricted licenses are also called hardship licenses. Not being able to drive can create hardship for your entire family. Finding alternate transportation to work might not be economically or practically viable for everyone. Tennessee has plenty of rural areas where there is very limited public transportation, and even getting an Uber can be challenging. This is why Tennessee offers restricted licenses. Generally, there are two options for using a hardship license. 

The first is using a hardship license that allows you to drive only for very limited and specific reasons. The court will be very clear about when and where you can drive. You and your attorney can discuss which essential places you must be able to drive to, and your attorney can ask the court to approve those specific places. In most cases, you will be allowed to drive to get to and from school or work. You may be permitted to drive to attend religious services, take your children to school, or make a weekly trip to the grocery store. 

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Knoxville DUI defense attorneysThere are many different ways that police officers can become their own worst enemies when it comes to investigating a DUI and helping prosecutors in securing a conviction. There is an enormous set of rules that officers need to follow, ranging from constitutional rights they cannot violate to procedural details they must follow to avoid contaminating a chemical test. Sometimes the police make their fatal error before even pulling a suspect over.

A trained attorney can review police records, body camera footage, and chemical testing data to spot any potential errors that could invalidate part of the evidence. Your attorney will likely also ask you a series of questions about your interactions with the police to look for signs of an error. 

Mistakes That Could Save You From a DUI Conviction

Quite a few DUI convictions have been avoided because the police did something wrong on their end. Fatal mistakes your lawyer might find include: 

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Knoxville personal injury lawyerWhile all states have limits to how long victims of certain kinds of injury cases can wait to file a lawsuit, Tennessee has a very short statute of limitations for personal injuries resulting from car accidents. Except for certain situations, a victim of a car accident that happened because of someone else’s negligence or carelessness cannot take action against the responsible party after more than a year has gone by since the date of the accident. Understanding Tennessee’s personal injury statute of limitations is essential for ensuring you take timely action that will allow you to pursue justice. 

Are There Any Exceptions to Tennessee’s Personal Injury State of limitations? 

In some circumstances, there may be exceptions to the one-year limit placed on civil personal injury cases. These include: 

  • Criminal charges - If the police are involved and criminal charges are filed against someone who drove drunk and crashed into your car, the statute of limitations is extended to two years
  • Wrongful death - When the death of someone who has been injured is not immediate, the statute of limitations is extended to a year plus 120 days from the date of the accident, or a year from the date of the victim’s death
  • Medical malpractice - Sometimes damage takes time to appear. Cases involving medical malpractice are extended to a year from the date the victim learned (or should have learned) about the injury. 
  • Underage plaintiff - Children have the right to wait until their 19th birthday to file a personal injury lawsuit
  • Concealment - The statute of limitations may be extended if the responsible party hid evidence to cover up their guilt

Should I Work with a Personal Injury Attorney on My Case? 

Victims of serious injuries or wrongful death in Tennessee car accidents may be offered settlements from the insurance companies of the responsible party. Other times, the hassle and seriousness of a lawsuit may not seem worth it on top of the exhaustion and grief a victim already feels. 

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Knoxville car crash injury lawyerDrivers who do not use caution, maintain a safe distance, or brake in time are at risk of causing a rear-end collision. In most cases, the driver who hit the other vehicle from behind is at fault. If you are the car in front, rear-end collisions are almost impossible to avoid, and can lead to severe and lasting injuries.

If you have been rear-ended by another driver, an experienced car accident attorney can help you pursue compensation. We have successfully secured damages for clients for injuries caused in rear-end accidents in previous cases.

Leading Causes of Rear End Accidents

A rear-end collision does not need to be at a high speed to cause damage to a vehicle as well as injuries to the driver and passengers. Any one or a combination of these factors could be the cause of a rear-end accident:

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Knoxville felony DUI defense lawyerWhile most DUI arrests result in misdemeanor charges, there are certain circumstances under which you could be facing much more serious felony DUI charges. Beyond the serious fines and prison time, having a felony on your record can impact your future job prospects and limit your housing choices.

Whether it Is because of repeated DUI arrests or other aggravating circumstances, you need to contact an experienced DUI attorney to defend you. Do not wait. Get legal help immediately.

Circumstances That Bring Felony Charges for a DUI

While being charged with a DUI is in itself a serious matter, there are several reasons why you may be facing felony charges related to your DUI arrest. These include:

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Knoxville truck accident lawyerWe rely on large trucks in Tennessee every day to keep our economy going. Whether they are hauling our groceries or delivering gasoline to service stations, they can be found on every interstate and in every small town in the state. Truck crashes can be much more dangerous than accidents involving only cars. Trucks have much greater size and weight than a typical passenger car, SUV, or pickup truck and can cause much greater damage. This can result in more severe injuries and even death for the drivers and passengers in the other vehicles involved. A personal injury lawyer who can investigate every aspect of a truck accident is vital for victims to recover the compensation they deserve.

The Impact and Causes of Tennessee Truck Crashes

The Tennessee Department of Safety and Homeland Security tracks many aspects of safety on Tennessee’s roads, including the location of every large truck crash in the state. A dashboard is updated regularly and gives an overview of where each crash occurred, the severity of the accident, including injuries or fatalities, information on the driver’s actions or conditions that caused the crash, the time of day and the day of the week, and the type of road that the crash occurred on.

The most common locations for large truck crashes are not surprisingly on interstates, in both urban and rural parts of the state. Accidents cluster around major urban areas including Nashville, Memphis, Knoxville, and Chattanooga and on interstates including I-40, I-75, I-24, and I-65. Intersections are the second most common location. However, state, county, and municipal routes also account for a large share of the accident locations.

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Knox County swimming pool injury lawyerWhether they are in a backyard, an apartment building common area, a publicly owned facility, or a hotel or private club, swimming pools can be great places for fun, relaxation, and exercise. However, they can also present a host of opportunities for injuries to adults and children. The owners or operators of a pool have the responsibility to keep their swimmers and other guests safe from personal injury by taking reasonable precautions and making reasonable efforts to maintain safe conditions. They must try to eliminate potential hazards and provide warnings to visitors when a hazard cannot be eliminated.

Potential Risks at Swimming Pools

An accident at a pool can happen in an instant and have a long-lasting impact on any family. There are many risks of personal injury at any swimming pool. These include:

  • Tripping hazards on the pool deck – Uneven surfaces, missing tiles, and maintenance equipment can all be tripping hazards. Individuals who fall at a pool risk injury both from falling on a hard pool deck or unexpectedly falling into the water.
  • Chemical exposure – The chemicals that are used to treat water in pools to prevent bacteria and algae and generally keep the water healthy to swim in. However, excessive chemical use in the water or unintentional exposure to the chemicals can be harmful and even fatal.
  • Pool drains – Drains are necessary to clean and circulate the water in a pool, but the suction they create can become a deadly hazard. Improperly installed or non-compliant drain covers pose a risk of entrapment or entanglement to swimmers.
  • Pool equipment- Ladders, steps, diving boards, and other pool infrastructure should be properly maintained to prevent accidents in and near the water. If they cannot be fixed promptly, warnings must be posted about the potentially unsafe situation.

All pools should have proper fencing with a self-latching gate surrounding the area to prevent unsupervised swimming, especially for younger children or those who cannot swim. Pools should always be properly supervised, and no one should ever swim alone, no matter how experienced of a swimmer they are. Private pools should always have parents watching while public pools should have lifeguards in place.

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Knoxville car crash lawyerThe moments after you have been involved in a car accident can be a confusing and hectic time. Your adrenaline may be going so much that you don’t notice an injury that you may have suffered. The other driver may be injured as well, or angry and looking for someone to blame. A split second could impact your family, your health, your ability to work, and much more.

Check for Injuries, Collect Information, and Get Help

With traffic volume growing every year, it is likely you will be involved in a car accident at some point in your driving life. With this in mind, there are some basic actions to take following a car accident.

If you are in a crash, be sure to:

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Knoxville motorcycle crash attorneyThe thrill of riding down the road on a motorcycle is hard to beat. More and more Americans are hopping on two wheels either as their regular vehicle or just for the occasional ride. Even though the number of miles driven by motorcyclists has gone down over the past two decades, the number of registered motorcycles has gone up. However, motorcycles remain more dangerous than other motor vehicles, with much a higher rate of deaths and injuries reported for motorcyclists than drivers of other vehicles. If you have been injured in a motorcycle accident, it is essential that you contact a lawyer who can fight for the compensation you need to put your life back together.

National, State Motorcycle Statistics

While motorcycles are only 3% of vehicles on the road, motorcycle riders account for 14% of all traffic crash fatalities nationally. These rates have only grown in recent years. Motorcycle deaths continue to climb in Tennessee too, with a preliminary number of 171 deaths of motorcycle riders in 2021. Deaths have been trending upward in the state since 2000.

Reporting on national motorcycle-related injuries has changed in the past decade, so longer-term trends are more difficult to assess. However, trends in the last few years have shown that both the number of injuries and the injury rate based on miles traveled by motorcycle has increased.

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Knox County distracted driving accident lawyerThe National Highway Traffic Safety Administration (NHTSA) recently released a report on distracted driving and the risk that it poses. The latest data from 2020 shows that while the overall number of fatal crashes and total fatalities from crashes rose, the number of crashes resulting from distracted drivers, including those crashes where a cell phone was in use, dropped, but only slightly. Distracted driving can lead to car accidents, truck accidents, and motorcycle accidents resulting in injuries to the vehicle occupants, occupants of other vehicles, and pedestrians, as well as property damage.

Study Results Show Impact of Distracted Driving

In the NHTSA report, distracted driving includes activities such as using a cell phone, adjusting the radio or climate controls, being distracted by another passenger, being distracted by a moving object within the car, being distracted by something happening outside the vehicle, and other activities that divert the driver’s attention away from safely operating the vehicle. Cell phone use while driving is specifically called out as a risky activity and tracked individually, as well as being included under the larger distracted driving umbrella. Distracted driving was a factor in 8 percent of fatal crashes, 14 percent of crashes that caused injuries, and 13 percent of crashes overall. A total of 3,142 people were killed, and 324,652 were injured in distracted driving crashes. Of that total, 587 of the fatalities were nonoccupants of a vehicle, including pedestrians and bicyclists.

Cell phone use was a factor in 12% of crashes affected by distracted drivers. Younger drivers are the group most likely to be involved in a cell phone-related crash. For drivers under 20, 17% of all fatal crashes involved a driver distracted by a cell phone.

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Knoxville DUI Defense LawyerMany people may be aware of the immediate impacts of being charged and convicted of driving under the influence (DUI). Even if you did not cause an accident and no one else was injured, you are still facing mandatory jail time, fines, driver’s license revocation, and other impacts. However, once you have served your time, paid your fines, and earned your license back, your DUI charge could still affect your life for years to come, and possibly in ways that you do not expect. Having an experienced DUI lawyer who can challenge the charges or work to get the charges reduced may help you avoid the worst.

Drunk Driving Charges in Tennessee

Outside of the immediate impacts of a DUI charge and conviction, there are repercussions that may still impact your life years down the road. Here are examples of some of the longer-term effects a DUI conviction can have:

  • Criminal record - In Tennessee, a conviction for a DUI cannot be expunged from your criminal record. Future employers who run criminal background checks will see your conviction. You may be automatically disqualified from jobs in law enforcement or jobs that require you to have a commercial driver’s license. Additionally, you may have trouble getting a student loan, impacting your ability to attend a college or other educational institution.
  • Insurance effects – After a DUI conviction, your auto insurance rates will certainly go up. Your life insurance and health insurance rates are likely to rise as well. Additional insurance will be harder to get and potentially more expensive to secure. For your auto insurance, you will be required to carry high-risk insurance, known as SR-22, until your full driving privileges are reinstated.
  • Travel and immigration issues - For United States citizens convicted of a DUI, travel abroad may become problematic. Some countries, including Canada, have restrictions on entrance for those who have DUI convictions. If you are not a U.S. citizen, a DUI conviction could impact your naturalization process, delay a green card renewal, lead to a green card being denied, or even be grounds for deportation.

Contact an Oak Ridge DUI Defense Attorney

A conviction for a DUI is not something that will go away quickly once you have paid your initial debt. For you and your future, if you are charged with a DUI you need to call an experienced Knoxville DUI attorney at The Law Office of William F. Evans. Call us at 423-449-7980 for your free initial consultation and to learn how we can help you to fight the charges.

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Knox County personal injury lawyerThe highways that crisscross Tennessee continue to see high levels of traffic congestion from cars, trucks, and other vehicles. Given our location and recent growth, highways in our metro areas and throughout the state can see regular traffic jams, plus those caused by incidents on the road. With all of that congestion, car accidents and truck accidents are frequent occurrences. These can result in severe personal injuries and property damage and can also make congestion worse. The HELP program from the Tennessee Department of Transportation (TDOT) can help drivers in the wake of incidents and even help prevent future accidents. 

Benefits of a Quick Response

For highway planning purposes, there is simply no way to build enough lanes and enough capacity to handle all traffic in all situations. Incident management has become recognized as an effective way to manage congestion that results from accidents, congestion, and other roadway incidents. The HELP program is able to dispatch trucks which assist local law enforcement respond quickly to incidents, assist drivers in non-injury accidents to move to the side of the road, and help with traffic control and lane closures when major accidents do occur.

By responding quickly and cutting down on additional backups, more accidents can be prevented. While 40 percent of congestion follows regular, predictable patterns, the other 60 percent is caused by accidents, disabled vehicles, debris in the road, and other non-recurring events. A full 20 percent of all accidents on the freeway follow an earlier accident which caused the initial backup.  

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Knoxville BUI defense attorneyIn Tennessee, boating while under the influence of alcohol is a criminal offense. Tennessee law prohibits the operation of a watercraft which either impaired by drugs or alcohol or having a blood alcohol concentration (BAC) above 0.08 percent. For a first-time offense, boating under the influence (BUI) is a Class A misdemeanor punishable by up to nearly a year in jail and up to $2,500 in fines. The offender may also have his or her boating privileges suspended for up to a year. The penalties increase for second and subsequent offenses and may include mandatory substance abuse treatment. If you or a loved one were charged with BUI, contact a criminal defense lawyer for help.

Defense Strategies for Individuals Charged with BUI in Tennessee

Tennessee residents enjoying a day out on the water are often shocked when they find themselves in handcuffs for boating under the influence. They are even more surprised to learn that they could be facing jail time.

To convict a person of BUI, the prosecution must prove the individual’s guilt beyond a reasonable doubt. Criminal defense lawyers may be able to find weaknesses in the prosecution’s case against the defendant and demonstrate that there is doubt about his or her culpability.

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Knoxville DUI defense lawyer Driving under the influence (DUI) is never a good idea, but any day now Tennesseans are expected to have yet another reason to think twice before driving drunk. That is when Governor Lee is expected to sign the new “Ethan’s, Hailey’s, and Bentley’s Law” requiring anyone whose DUI offense kills a parent or guardian to pay child support to the victims’ surviving children until they are 18.

Tennessee to Become First State Enacting This Law

The law is patterned after one making its way through the Missouri legislature, which was promoted by Cecilia Williams, a grandmother whose son, his fiancée, and their infant son were killed in a DUI crash. In that incident, the driver’s blood-alcohol level was reportedly two times the legal limit after “seven shots of Crown and water.” When the accident left her remaining two grandsons orphaned, the grandmother started lobbying her legislators to make offenders financially liable by garnishing their wages.

The law is arousing great interest in many states due to the high prevalence of deadly DUI crashes throughout America, in which approximately 28 people die every day for a 2019 DUI fatality total of more than 10,000. With the governor’s expected signature, Tennessee is slated to become the first state in the country to actually enact the statute.

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