In 2007 Tennessee made it a criminal offense, in certain circumstances, to leave a child unattended in a vehicle.

It is a Class "B" misdemeanor to:

1. Leave a child younger than seven (7) years old in a motor vehicle,
2. When the motor vehicle is on public property or on the premises of a shopping center, trailer park, apartment complex, or any other premises frequented by the public at large, and
3. The child is not supervised in the motor vehicle by someone who is at least thirteen (13) years old, ….IF
1. The conditions present a risk to the child’s health or safety; or
2. The engine to the motor vehicle is running, or
3. The keys to the motor vehicle are located anywhere inside the passenger compartment of the vehicle.

Call Georgia Felner today to discuss potential defenses and how best to present your case in court.

There are many reasons why your Tennessee driver's license could be suspended or revoked. The most common reasons are unpaid traffic tickets, unpaid damages from a car accident, DUI, Implied Consent, or having been declared a Motor Vehicle Habitual Offender.

If you are stopped by a police officer while your license is in revoked/suspended status you may be arrested. If your driver's license is in revoked/suspended status because of a prior conviction for DUI, Vehicular Assault, or Vehicular Homicide you could spend time in jail and pay a fine.

To obtain information on what is required to get you driver’s license reinstated, go to the Tennessee Department of Safety website. Click on "Online Services" then select "Reinstate Your Driving Privileges". You will be prompted to have a credit card ready, but you do NOT need a credit card if you are just getting information about your driver’s license reinstatement requirements. If the computer method does not work for you, you can go into any Tennessee Department of Safety location or call 1-866-849-3548 to get the information.

The specific penalty that could be imposed in your case is fact specific. You should CONTACT US for a FREE consultation.

If you have been declared a Motor Vehicle Habitual Offender your driver's license will be revoked until you PETITION the court to have your privileges REINSTATED. CONTACT US to discuss the procedure for having your driving privileges reinstated.

However, if you have been stopped by the police while your driver's license status is still revoked because you were declared a Motor Vehicle Habitual Offender, you are facing prosecution for a Class "E" felony. You may be sentenced to serve from 1 to 6 years in prison and pay a fine. Additional Penalties may apply.

In some DUI cases it may be possible to negotiate a settlement with the prosecutor wherein you plead guilty to Reckless Driving instead of DUI.

Reckless Driving is a class "B" misdemeanor, which carries a maximum penalty of 6 months in jail and a fine. While a conviction for Reckless Driving will not automatically cause your driver's license to be revoked/suspended, it does put at least 6 points (more if you are in a commercial vehicle) on your driver's record and will require you to carry SR-22 insurance. Additional Penalties may apply.

There may be additional penalties which are imposed by the judge or negotiated with the prosecutor. You and I will discuss those possibilities. CONTACT US to schedule your FREE consultation.

The offense of Reckless Endangerment is a class "A" misdemeanor or, if a deadly weapon (vehicle) is involved, it is a class "E" felony. A charge of Reckless Endangerment must be evaluated on a case-by-case basis.

If you have been charged with DUI, it may be possible to negotiate with the prosecutor so that the DUI is amended to a misdemeanor level Reckless Endangerment. If this offer is made in your case, we will discuss the pros and cons of accepting or rejecting the offer. While a misdemeanor Reckless Endangerment carries a maximum jail sentence of 11 months and 29 days (like a DUI) there is no mandatory minimum jail time, no automatic loss of driver's license, and you will avoid other consequences that would otherwise follow a DUI conviction. A minimum of 8 points will go on your driving record. Additional Penalties may apply.

CONTACT US for your FREE consultation.

If you are driving a motor vehicle while under the influence of an intoxicant and you "recklessly" cause serious bodily injury to another person you could be charged with the class "D" felony of vehicular assault.

A class "D" felony carries a prison sentence of 2 to 12 years, a fine, and loss of driving privileges. Issues of Double Jeopardy (one of your many Constitutional rights) and additional consequences will be discussed at your initial consultation.

CONTACT US for your FREE consultation.

If you are driving a vehicle while under the influence of an intoxicant and someone is killed as a proximate result of your intoxication/impairment, you could be charged with Vehicular Homicide.

Vehicular Homicide committed while under the influence of an intoxicant is a class "B" felony. In addition to a prison sentence of 8 to 30 years, you will lose your driving privileges for up to 10 years (possibly longer) and pay a fine of up to $25,000.

In the event that you meet certain additional criteria, you could be charged with Aggravated Vehicular Homicide. The elements of the crime are the same as set forth above, but you must also have:

1. 2 or more prior convictions for DUI or Vehicular Assault, or any combination of such offenses.
2. One or more prior convictions for Vehicular Homicide.
3. Your blood alcohol concentration was .20% at the time of the vehicular homicide AND (a) you have a prior DUI conviction, or (b) a prior conviction for Vehicular Assault.

In the event that you meet the criteria for Aggravated Vehicular Homicide, you will be facing a conviction for a class "A" felony. In this situation, a class "A" felony carries a penalty of 15 to 60 years in prison, a fine, loss of driving privileges and other consequences.

If you have been charged with Vehicular Homicide, CONTACT US.