Here’s What Tennessee’s New Hands Free Driving Law Means for You!

In the United States, about 9 people die every day due to distracted driving. Among the causes of distracted driving is cellphone use while on the wheel.

This has called for the enactment of laws which focus on the reduction of distracted driving one of which is the Tennessee law banning holding phones while driving.

Under the new hands free driving law, you’re liable to a fine for endangering motorists by looking at your phone.

Read on to find out more.

The Hands Free Driving Law

From the 1st of July 2019, Tennessee drivers are prohibited by Public Chapter 412 from:

• Holding a mobile device or cellphone with any part of their bodies,
• Writing, sending or reading of any text-based communication,
• Reaching for a cellphone or other mobile device in a manner which requires the driver not to be in a seated driving position or not properly restrained by their seat belt,
• Watching a video on a mobile device or cellphone,
• Recording or broadcasting videos from a mobile phone or cellphone.

These changes to the driving laws will be in enforcement by law enforcement agencies all across the state.

In the same law, drivers are only allowed to push a single button when accepting or ending a call and not anymore. This means that, if the driver sees a call on their phone, they are only allowed to press the accept button, talk and then press the end button again. As a driver, you’re not allowed to hold the phone up to your ear to talk.

To talk, however, you’re allowed to do so on your earpieces or headphones or through the car’s speakers.

What This Law Means

First of all, you’re not allowed to have a phone on any part of your body. That means that even when you’re not using your phone, having it in your hands is in violation of this law. The phone can be in the cup holder or another part of the car but not on your body.

Secondly, reading, writing or sending a text message means that you’ll be holding your phone in the first place. As such, you’ll be violating two provisions of this law; holding and engaging with text-based communication.

The third provision requires that you don’t reach for your phone in a manner which requires you to move from a driving position, or you’re not properly restrained by your seat belt.

As such, it means that your phone should be close to you yet not on your body. Phone holders that allow you to easily reach for your phone without stretching out will come in handy here. These allow you to reach out with a finger to accept, reject or end a call while still in your natural driving position and restarted by the seat belt.

Watching a video or movie on your phone isn’t permitted for the obvious reasons; it distracts you from driving. Also, recording or broadcasting a video as you drive isn’t permeated as you’ll get distracted from the steering wheel.

If you’re caught with any of these offenses, you’ll be liable to pay a fine as per the seriousness of your offense. You can find a law firm that’ll defend you in court if you’re sure you’re penalized unfairly.

The Reason Behind This Law

While there are other aspects that that contribute to distracted driving, the increasing number of mobile phone users resides concerns as more phones available means that more drivers will have them. They will also try to use them as they drive.

The focus of this law is thus to better these statistics. The reduction of the number of people likely to die from distracted driving will have results from penalizing drivers.

The Penalties for Breaching These Provisions

What happens when you flaunt any of these rules? The penalties are as follows:

• A first offender will get fined $50.
• If you’re committing the offense for the third or subsequent time, you’ll part with $100 as a penalty.
• If your distracted driving led to a crash, you’ll also get fined $100.
• If you’re found using your phone in an active school or work zone, the fine goes up to $200 per offense.

These fines are serious enough to dissuade you from using your phone in any way as you drive.

What Does This Mean for Drivers?

As a driver, the TN hands free driving law has various implications such as the following:

1. You can only use your phone in a true emergency which, according to the law, “threatens human health, life or property, and voice-to-text technology and hands-free devices are still allowed.” Unless you can prove that you held your phone in an emergency, you’re liable for the penalty.

2. You can use your phone when you’re a law enforcement officer and you’re using the phone for work purposes only.

3. When you enter your car, you should put your phone somewhere within the car and not on your body. The place you place it shouldn’t be far away that you’ll need to stretch and distract yourself from the driving.

4. You can use the services on your phone with accessories such as Bluetooth devices, headphones, and headsets. This means services such as reading and writing text messages will not be possible. However, with dictation services available on modern smartphones, you can use most services provided you’re doing so handsfree.

With a proper understanding of this law, you can easily avoid the driving fines set for flaunting this law.

Learn About the New Hands Free Driving Laws

The Hands Free Driving Law, which comes into effect on the 1st of July, will ensure hands free driving without necessarily being inhibitive.

Already, you’re expected as a driver to exercise hands free driving to keep you pr focus on the road ahead. Learn more about this law to avoid penalties or risking your life.

Browse our blog for more interesting articles.

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9 months ago DWI , DUI Lawyers , DWI Attorney No comment

Seven mistakes that can expedite a DWI conviction

The days after a DWI arrest can be confusing and scary. Spending time in custody, while the law enforcement officers bring the charges against you, can be a jarring experience for anyone. That is especially true when you are sure that your BAC was way under the limit and you were not intoxicated while driving home. 

However, every minute you sit at home doing nothing, you reduce your chances of getting a fair trial. Sometimes, we make mistakes during these trying times without even realizing so. Here are the 7 mistakes you should never make after a DWI arrest –

i.    Taking too long to contact an attorney

Choosing DWI attorneys can be difficult, but you should never wait until your trials to hire your DWI lawyer. Being wholly inactive or hiding at home after a DWI arrest never works in favor of the accused. You need to hire a DWI lawyer immediately after your arrest in NY, or at least within the 45-days till your arraignment.

ii.    Not hiring someone local

Unless you are working with a DWI attorney, who has practiced in Long Island or NY for a long time, you are making a mistake. Choosing a local law firm will ensure that your legal team knows about the DWI laws in the state of NY. Most importantly, they may have handled cases similar to yours in the past. 

iii.    Driving after license suspension

Those 45-days between your arrest and arraignment can seem like eons. However, if you don’t have an active driver’s license, it is best not to drive while your license is invalid. It can add up to your misdemeanor charges. In the state of New York, such a charge can lead to up to one year in jail.

iv.    You don’t take your charges seriously

DWI in NY might not be a “criminal” offense, but it can change your life as you know it. The conviction will go in your criminal record permanently, and you will have to pay hefty fines. Moreover, the court might revoke your license for up to a year following conviction. DWI is a serious charge with severe consequences, which you need to consider. 

v.    Not appearing in court

It is usually a result of not taking the charges too seriously. When you don’t appear in court, you are likely to have a bench warrant for your arrest. It also voids any bail bond. The next time the police stops you, you will have to spend some quality time in jail.

vi.    Talking to friends and family

While the support of friends and family is essential, it can never replace the professional advice of a DWI attorney. To think that you can DIY your DWI defense is not only impractical but also impossible in the state of NY.

vii.    Pleading guilty

There are times when you will feel that pleading guilty will save you all time and effort. Well, whether you are guilty or not, you should speak to your expert DWI lawyer from NY first. Without consulting a lawyer, it would be foolish to take such a critical step. 

In the state of New York, no matter how simple or complex your DWI case seems, you need to speak to an expert attorney. Taking smart decisions at the right times can save you much hassle in the near future. It can save you hundreds of dollars, license revocations, and ignition interlock installation on your vehicle.

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9 months ago DWI , Drug Attorneys , DUI Lawyers , DWI Attorney No comment

Follow these four tips for finding a DUI lawyer

Have you ever been pulled over and charged for driving under the influence of alcohol or drug? Of course, this can be very problematic and embarrassing, mostly if you’re with family and friends. Also, not to mention the setback it would cause to your reputation at your workplace. Usually, before a police officer arrests you, he/she will believe that you must have taken some amount of alcohol.

Nevertheless, before the court can convict you, there must be proof that you had a drink. Furthermore, many things can come to play in this scenario. The officers may most likely put you through several intoxication tests. These tests include the National Field Sobriety Tests, Horizontal Gaze Nystagmus Test, and more. Though these test may not be very accurate if they administer it, you can’t avoid them. Therefore, you need a good DUI lawyer to fight your case. It’s important not to go for a random lawyer but one with lots of experience and proficiency — one who would expose and uncover the reliability of the said tests.

Nevertheless, there are important basic tips in finding a good DUI lawyer, and we shall be discussing it shortly.

Follow these four tips for finding a DUI lawyer

• Experience and expertise

Gone are those days when you need just a random lawyer handling your case. It’s important to note that every lawyer has their areas of jurisdiction. Therefore it will be of great advantage to contract a lawyer with lots of experience and expertise in DUI cases. More so, a good DUI lawyer knows your right and how to look into the case to your favor. Most certainly, they will be familiar with the kind of arguments which the prosecutor will bring forth in the court. A DUI case could be very complex, but not with an experienced DUI lawyer.

• Do a research

Knowledge, as we say, is power. Therefore, it is very important, and you shouldn’t ignore it. Researching for a good DUI lawyer would give you an edge over the prosecutors.  Also, it will save your reputation, time, and resources. You need a good DUI lawyer that would listen to you and has good knowledge about your case. Searching for one could be a bit tedious, but it’s worth it. It’s a good thing we now have the internet and social media platforms for easy access to information. Also, it will be a good idea to get lawyers who your friends and family members recommend. Maybe, they’ve seen the lawyer in the past handling successful DUI cases.

• Arrange a one on one meeting

When the decision of choosing a DUI lawyer faces you, it is important to schedule a one on one meeting. Meet with your potential lawyer gives you the best chance to evaluate if he’s the best fit for your case. Also, it will enable you to find out his personality and determine if you can work with him. In the course of this meeting, it’s also important to find out the number of DUI cases he has won. This will help build your confidence and help you make the right decision.  Furthermore, you have the opportunity to ask questions concerning how he intends to go about the case. All of these interrogations and findings would help you to determine if he can handle your case and if you should hire him.

• Examine the attorneys on your list

At this point, what matters is going for only the best. To examine the best attorney entails you to look further to the ethical record of the lawyer. Also, it would be most beneficial to contact a lawyer who’s familiar with the legal settings of the court. A local lawyer would have visited the court severally and would be preferable. More so, the judges and prosecutors would be acquainted with the lawyer. After observations and interrogations, you would have concluded the best representative to handle your case. Lastly, you need to go for an attorney that is affordable and can suit your budget.

Conclusion

The choice of selecting the best attorney is the first step that would either make you win or lose your case. Following the four basic tips above would enable you to find the best attorney for any DUI case. However, if you’re confused about getting a good DUI attorney, you can find a good one here. We can take up your DUI case at an affordable fee.  We are happy to share your testimonies and satisfaction.

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10 months ago DWI , Drug Attorneys , DUI Lawyers , DWI Attorney No comment

The DWI Charges and Penalties You Can Expect for Drunk Driving

Were you recently arrested for a DWI?

You are probably feeling a little embarrassed, and if you spent a night behind bars, you might have experienced an evening you’ll never forget.

Unfortunately, self-recognizance and a sleepless night is rarely the only penalty for Driving While Intoxicated.

In the months and sometimes years following DWI charges there will undoubtedly be plenty of disruption in your life.

Besides all of the court dates and other scheduling, you could face fines and court costs well over $10000 and in some states a minimum of 10 days in jail for your first offense.

If you have recently been charged, here are the DWI charges and penalties you can expect for drunk driving.

Lost License

Every state in the country will put severe restrictions on your ability to drive a car after a DUI.

Typically, your physical driver’s license is revoked after your arrest.  In the days, weeks and months that follow you may be able to get a hardship license to continue driving back and forth to work, court and medical appointments.

So, long as it is your first offense, you should be able to regain your driving privileges within 60-90 days, but it could be as much as a year.

A DWI defense attorney will help you arrange for a minimal amount of disruption to your life, but you should expect some serious driving restrictions for sure.

Court Costs

While the fines associated with drunk driving can be as little as $500, there will also be court costs, including paying for your lovely night in the slammer.

Expect to pay somewhere between $2500 and $10k in fines and costs before your case is resolved.

Of course, navigating the legal system with the help of a professional may end up costing less even including legal fees.

Insurance Costs

In addition to the penalties and fees that the court will charge you, prepare to have your insurance premiums raise a good deal.

Your car insurance company will consider a DWI to be equal to or greater than a reckless driving ticket.

Prepare to have your rates doubled, or even tripled and to be dropped entirely from your carrier in some cases.

Plenty of Lost time

Expect to take a good deal of time away from your regular schedule to deal with a DWI.

There will probably be multiple court dates to deal with, and every jurisdiction has a different process for dealing with a driver convicted of a DWI.

Chances are you can expect a multiple-day course in safe driving and alcohol abuse.

If you don’t have to spend any more time in jail, you will almost certainly have to do some community service as well.

What To Expect with Your DWI Charges

As you can see, if convicted of a DWI you can expect lost money, lost time and loss of freedom.

DWI charges can result in the most restrictions of all non-felonies.

However, by using this resource for finding an expert, you may be able to avoid some or all of the costs and penalties mentioned above.

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11 months ago DWI Attorney , Drug Attorneys , DUI Lawyers , DWI No comment

Driving Under the Influence: 6 Reasons Never Ever to Do It

You have been aware that driving under the influence is one of the worst things you could do, but still every now and then you succumb to the pressure and have “one more for the road”. In order to finally make yourself quit that dangerous habit of yours (yes, if it happened more than once, it is already a habit, mind you), carry on reading why exactly it is absolutely abominable to drive under the influence.

It’s your fault

First of all, face the fact that if you find yourself in the middle of a car accident, you will be pronounced guilty despite following all the traffic rules (apart from the one about not taking alcohol). Even if you’ve got the tiniest trace of liquor in your body, you will be declared as a driving hazard and the main culprit. The driver who actually caused the accident and was completely sober will have it much easier regardless of the offence. In the eyes of the law, you’ll always be the guilty one.

Impaired vision

You may think you’re perfectly able to drive because your vision isn’t blurred, but that is hardly a reliable indicator of your state. Excessive alcohol consumption affects how you estimate the distance between the vehicles, and sometimes it will be difficult to control your eye movement as well. What is more, your peripheral vision will be impaired, too.

Slow reactions

Have you ever seen an athlete compete after they’ve been drinking? Of course not. One of the reasons is that motor skills are suffering. Your eye, hand and foot coordination will not be of the desired level, so you’d better call a taxi in that case.

Bad concentration

Drinking and driving seriously messes with your good judgment. Your ability to concentrate will deteriorate, which has delayed decision making as a consequence. A similar thing happens if one is driving under the influence of cannabis. It takes longer to press the brake or to track your own speed because you’re subconsciously dilly-dallying. However, one wrong decision is all it takes for an accident to occur.

Costly mistake

If all of the above seems a bit far-fetched, as you keep convincing yourself it never happens to you, how do you feel about paying a fortune for a couple of shots? Because that’s exactly what you’ll be doing if you drive under the influence. Having worked hard to buy your ride, would you so willingly give it all up? Not to mention when you are forced to pay for the repairs of another driver. In addition, even if it’s just a minor scratch that money could’ve been spent in a much better way.

Guilt factor

You may serve your sentence and be set free. You may buy a new car or fix everything and make it look as good as new. However, how comfortable would you be living with the fact that you’re sheer irresponsibility caused death? The feeling of guilt does not disappear just because your punishment is over, nor does the pain for losing someone. By DIU you’re risking everybody’s lives. In case you’re living in a small environment, you can expect your reputation to crumble and to be constantly reminded of your crime. Essentially, that is exactly what DUI is – a serious crime.

Finally, post traumatic stress is something you can expect to struggle with if you’re driving causes any kind of an incident.

Hopefully, we have deterred you enough from drinking and driving. In this regard, it’s much, much better to be safe than sorry.

12 months ago DUI Lawyers , DWI , DWI Attorney No comment

DWI or DUI: What’s the Difference and Which One is Worse?

So you’ve been pulled over and been slapped with a DWI charge.

What is that? Is it worse than a DUI charge? Is there a way to determine the severity of a DWI? What if it’s worse in some states but not others?

Luckily, all of these questions can be answered. If you’re interested in learning more about the differences of a DWI vs. DUI, keep reading. We’ll be able to walk you through the legal process. 

DWI vs. DUI: The Basics

First things first: What are DWI and DUI charges? 

Most times, DUI means “driving under the influence.” Under the influence can reference drugs or alcohol. It’s used by many states in reference to alcohol though. 

DWI can mean a couple of different things. “Driving while impaired” or “driving while intoxicated” seems to be the common terms used for this acronym. In the state of Minnesota, as many as 25,000 drivers were charged with DWI’s in 2015. 

For many states, a DWI charge is an umbrella charge for those caught driving with drugs and alcohol in their systems. 

States Determine Severity of the Charge 

Since states have the ability to set their own alcohol and drug consumption laws, that means DWI and DUI charges may vary. For some states, a DUI is far more severe and could land you a long prison sentence. 

For other states like Minnesota, a DWI charge is the only option and you will see just as long a prison sentence. 

If you find yourself charged with an impairment charge, be sure to contact your lawyer to find out what may happen. 

Which is Worse? 

Because of the varying severity between states, is there a charge that’s worse than the other? 

Not really. Both are severe. Both will see you charged civilly and if an accident occurred while you were driving recklessly with large amounts of drugs or liquor in your system, you could be sued for damages. 

Either way, driving impaired is a dangerous activity and should be curtailed. You should be prepared for a legal battle if you are caught. Many states are beginning to crack down hard on anyone operating any sort of vehicle while under the influence. 

This can include snowmobiles, tractors, and even buggies. 

Find a Lawyer to Help You Out 

If you fail a field sobriety test and a police officer arrests you, it may be time to contact a DWI lawyer. 

Your lawyer will walk you through the charge meanings. If your field test showed high alcohol levels or even marijuana they will help you determine the severity of your charge. 

Know the Differences Between Impaired Driving Laws 

It’s always important to know the differences between DWI vs. DUI. If you have been charged with drunk driving be prepared to call a lawyer for help. 

We’ll be able to walk you through the legal process and explain the severity of the charge. 

1 year ago Drug Attorneys , DUI Lawyers , DWI , DWI Attorney No comment

Tools to Help You Avoid a DUI Charge

While Richmond Hill DUI lawyers can help you if you find yourself facing an impaired driving charge, the best way to keep yourself out of legal trouble is to take steps to make sure you don’t get behind the wheel of a vehicle while intoxicated in the first place. This becomes especially true if you have a previous impaired driving charge on your record, as a second or third offence means more trouble in the future. To avoid a DUI charge, consider the following tools and tips.

Portable Breathalyzers

If you find yourself in trouble with a DUI charge, one of the first things that your Kitchener DUI lawyer may ask is what the results of your breathalyzer tests at the police station were. This is because using a breathalyzer test is one of the most effective ways to determine the level of alcohol in a person’s bloodstream. With this in mind, you can help prevent a DUI before it happens by investing in a portable breathalyzer. Many outlets in both the United States and Canada offer these devices. While they are not permissible as evidence in court, they serve as a good way to judge whether you are too intoxicated to get behind the wheel of a vehicle.

Select a Designated Driver

Without investing in new equipment and fancy technology, you can save yourself a lot of trouble by selecting a designated driver before you go out to a social event where there will be alcohol served. Most social groups who drink regularly institute a rotating system where the designated driver changes with each new event. This allows everybody to enjoy an event with alcohol while also remaining safe. If you don’t think you can get a designated driver, remember that public transportation can benefit you. In the Toronto area, public transportation is more robust than in many other parts of Canada and can thus help keep you from behind the wheel of a car if you have too much to drink.

Ignition Interlock Device

If you have multiple DUI charges, the court may require you to fit your vehicle with an ignition interlock device. This device requires the driver to blow into a mouthpiece before the vehicle can be driven. This provides an extra layer of security to make sure that nobody can drive the vehicle unless they would pass a sobriety test should they get pulled over. While you are no longer required to keep an ignition interlock device in your vehicle after you finish your court-mandated term, It isn’t always a bad idea to have one handy just in case. Some people find the device to be embarrassing, but it is a worthwhile safety measure for those who demonstrate repeated risky behavior.

There are many tools available to people who ardently want to avoid getting a DUI charge. If you have faced impaired driving problems in the past, your DUI lawyer may even recommend some of these ways to keep you on the straight and narrow going forward.

Mass Tsang LLP

1810 Avenue Road, Suite 200
Toronto
ONM5M 3Z2
Canada
(416) 781-1148

1 year ago Drug Attorneys , DUI Lawyers , DWI , DWI Attorney , Laws No comment

Getting the Best: 5 Essential Tips to Help You Find the Right Lawyer for Your DUI Case

If you’ve been hit with a DUI, it is easy to feel like your life is over. You made a mistake. Perhaps it was a choice that you made a single time, or maybe you drive after drinking often, and this was the one time that you happened to get caught. In either case, you need to make some changes in your life, but first, you need to deal with the situation that has come to pass. But how do you find top DUI lawyers? Here are five ways that you can feel secure in making a choice.

Look at their History

You don’t want somebody representing you in a case like this that is just out of law school. Regardless of what property damage was caused, whether anyone was injured, or any of the other details of what happened, this is a serious matter in the eyes of the law, and you need someone backing you up who knows what they are doing. If the lawyer or law office that you selected has a long history of success in cases like this, then you can feel confident about that going forward.  

Recommendations

You might also speak to friends, family members, and colleagues to see if they have any recommendations. Maybe one of them was once in a similar situation, or they know someone else who was. If you hear from a person you know that a lawyer is trustworthy, it’s got to be better than picking one at random.

Cost of Services

The reality is that not all lawyers charge the same amount, and you probably don’t have unlimited financial resources. There might be a lawyer who you feel is an excellent choice for you, but when you ask them what they’re going to charge to represent you, it’s more than you can afford. If that’s the case, you don’t have much choice but to look for someone else who is more suited to your financial situation.

Look at their Website

You should look at the website of any DUI lawyer who you are considering. That website is the way they present themselves to the world, and if it is poorly constructed, with an outdated theme, misspellings, an inappropriate font, and links that go nowhere, then you should take that as a bad sign. A lawyer should take pride in every aspect of their practice, and that includes their website.  

Assess their Offices

It is for the same reason that you should go to their offices and take a look around. If the building out of which they work is dirty, in a crime-ridden section of town, or if they have a tiny office and no receptionist, then you’re probably going to want to look elsewhere. Appearances matter, and if your lawyer can’t afford or doesn’t care about a nice office, they’re probably wrong for you.

A DUI is not the end of your life, and it is something from which you can recover. You need a trustworthy lawyer who knows the ins and outs of the law, though. Be careful with your selection, and choose someone with whom you feel comfortable. A lot is riding on the outcome of your case.

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