Will a DUI Affect My Commercial Drivers License (CDL)?

            Navigating the legal system can be challenging, especially without the help of an attorney. Many areas of the law are murky at best and can be interpreted differently by different people. One area that seems to be especially confusing is the punishments for those convicted of driving under the influence and hold a commercial driver’s license.

TENNESSEE LAW STATES:

If a person has a CDL and they are convicted of a DUI, first offense with a blood alcohol level of .04 or greater (other controlled substances included) while driving a commercial motor vehicle, their CDL will be suspended for one year.

If a person has a CDL and they are convicted of a DUI, second offense with a blood alcohol level of .04 or greater (other controlled substances included) while driving a commercial motor vehicle, their CDL will be suspended for life, or a period of at least 10 years.

            Tennessee Law is fairly clear about the punishments for DUI convictions while driving a commercial motor vehicle; however, there are “hidden” regulations within the law that many are surprised to learn. Even though Tennessee Law does not state that a person will lose their CDL if they are convicted of DUI while driving a personal motor vehicle, the Tennessee Department of Safety will suspend a CDL if a person is convicted of DUI while driving a personal motor vehicle. No exceptions. This is because the Code of Federal Regulations states that “CDL holders are, unlike most licensed passenger car drivers, professional drivers” and that “CDL drivers should not engage in risky, unsafe behavior while pursuing their profession—driving.”

            According to federal regulations, a loss of CDL will occur for those who are convicted of DUI with equal punishment, even if they are convicted while driving a personal motor vehicle. For example, if a CDL holder is convicted of DUI, first offense while driving their personal motor vehicle and lose their driver license for a period of one year, they will also lose their CDL for one year. The same is true for a DUI, second offense in a personal motor vehicle, which results in a lifetime suspension. Although the law is often times difficult to understand and interpret, the Tennessee Department of Safety outlines the consequences clearly in the Commercial Driver’s License Manual: “If you are convicted of a second violation in your personal vehicle or commercial motor vehicle, you will lose your CDL for life.” Understanding the law is especially important if your career is on the line and seeking experienced legal advice can be the difference between losing your CDL and saving your career.

Patton & Pittman Congratulates Nathan Hunt and Allison Winters for Service to Bar Association

The law firm of Patton & Pittman would like to congratulate attorney Allison Winters on her recent election to the Montgomery County Bar Associations Board of Directors.  Ms. Winters, a graduate of the University of Mississippi’s School of Law, has been with the firm since 2013. Her practice is focused primarily on insurance defense and general civil litigation. 

The firm would also like to recognize partner Nathan Hunt who is the outgoing President of the Montgomery County Bar Association.  Hunt is the third partner at the firm, along with Greg Patton and Chris Pittman, to serve as President of the Bar Association.

Partner Chris Clark Joins Student Defend

Patton & Pittman is excited to announce that partner Chris Clark has been asked to join Student Defend’s network of criminal defense attorneys. Student Defend is a company that puts college students in need of immediate legal advice in direct contact with prescreened, qualified criminal defense attorneys in their communities. Student Defend specifically seeks out defense attorneys who are former district attorneys, prosecutors, or police officers for their network. Attorney Chris Clark has been asked to join the Student Defend network not just because he is a former prosecutor, but also due to his success as a criminal defense attorney and his experience as a former high school teacher.

Chris Clark is no stranger to the law’s impact on college students. He has traveled throughout the Southeast and Midwest speaking to college students on issues involving risk management for Sigma Phi Epsilon, the nation’s largest college fraternity. He works closely with Greek organizations at Austin Peay State University by mentoring them on risk management and career counseling. He understands that even good kids get into bad situations while in college and knows that the decisions made after getting in trouble can shape a student’s future forever. Attorney Chris Clark has accepted the invitation into Student Defend’s attorney network and is looking forward to the opportunity to help students in need of immediate legal advice navigate the legal system. 

Chris Clark Named To 10 best DUI Attorney List

Patton & Pittman would like to congratulate partner Chris Clark for being named one of the 10 Best DUI attorneys in the State of Tennessee by the American Institute of DUI/DWI Attorneys for 2014. Being named among the top 10 best attorneys is not an easy feat; before receiving the award, nominees go through a rigorous selection process. Once an attorney has been formally nominated, a review committee makes sure that the nominee meets all criteria including: a 10/10 in client satisfaction, be an industry leader, be thoroughly researched by the review committee, be AIDUIA Board of Regents approved, no client or bar complaints, and possess previous awards, associations, or publications. Once the nominee has been thoroughly vetted, the Board of Regents votes them into the top 10 list of best attorneys. After being nominated earlier this year, attorney Chris Clark successfully passed the rigorous selection process and received this prestigious award.  If you or someone you know is ever charged with DUI/DWI, you can guarantee that Chris Clark is among the best of the best in Tennessee to help you through the legal process.  

Prostitution Sting Sheds Light on Human Trafficking in Clarksville, Tennessee

A recent undercover investigation and prostitution sting conducted by the Clarksville Police Special Operations Unit led to the arrest of two people and shed light on the alarming increase in human trafficking cases reported in Clarksville and Tennessee.

The Undercover Operation

For months, the CPD has been targeting prostitution in Clarksville near Exit 4 of Interstate 24. A recent sting operation in mid-March led to the arrest of a man and woman, both charged with the human trafficking of a 17-year-old girl along with several other prostitution charges including prostitution, promoting prostitution, exploitation of a minor, and aggravated rape.

The CPD said that the prostitution investigation focused on a social media website called Backpage.com. In recent years law enforcement has seen prostitution move to the internet, especially to social media sites like Backpage.com. Many factors make Clarksville a prime breeding ground for illegal activity such as prostitution: an increasingly transient military and college population, location near a major metropolitan region, a major interstate highway and a major river network combined with the rise of social media sites.

Movement of prostitution to the internet has also led to an increase in cases of human trafficking not only in Clarksville, but across the state. According to a 2011 study by the TBI, 94 minors are trafficked a month in Tennessee. The same study found that between 16 and 25 human trafficking cases were reported in Montgomery County alone. However, experts say most human trafficking cases go unreported. Again, law enforcement attributes the number of cases reported in Montgomery County to its geographic location, as well as its growing population.

Prostitution Defined

Tennessee Law defines Patronizing Prostitution as “soliciting or hiring another person with the intent that the other person engage in prostitution.”

Promoting Prostitution means “owning, controlling, managing, supervising…a business for the purpose of engaging in prostitution.”

Aggravated prostitution occurs when “knowing that such person is infected with HIV, the person engages in sexual activity as a business.”

Possible Penalties

Prostitution charges carry serious penalties. Prostitution and patronizing prostitution are both Class B misdemeanors punishable by a maximum fine of $500 and up to 6 months incarceration. If committed within 100 feet of a church or within 1 ½ miles of a school, both become Class A misdemeanors, punishable by a maximum fine of $2,500 and up to 11 months and 29 days of incarceration in a local jail. If committed within 1 ½ miles of a school, a person will receive a minimum sentence of 7 days incarceration and be fined at least $1,000 in addition to any other authorized punishment.

Patronizing prostitution from a minor or from a person with an intellectual disability is a Class E felony punishable by a maximum fine of $3,000 and a maximum of 6 years of incarceration. Beginning July 1, 2014, patronizing prostitution from a minor or from a person with an intellectual disability will be punishable as trafficking for commercial sex acts. In Tennessee, promoting prostitution of a minor is already punishable as trafficking for commercial sex acts.

Aggravated prostitution is a Class C felony and is punishable by a minimum fine of $10,000 and up to 15 years of incarceration.

It is best to avoid the risks of engaging in prostitution or related activities.  But if you are arrested and charged with prostitution or human trafficing, it is important that you seek an experienced attorney to help you through the legal process. Christopher G. Clark is a former prosecutor who has both defended and prosecuted these crimes.  If you are charged, call him at Patton & Pittman for a free consultation.  

Run-A-Muck: A Small Business Success

Patton & Pittman would like to congratulate our small business client, Run-A-Muck Outfitters, in the successful launch of its new website! Started in 2012 by two life-long friends, Run-A-Muck Outfitters is a unique business that is as passionate about the outdoors as it is about serving the surrounding communities of Middle Tennessee. Run-A-Muck Outfitters offers a wide range of services from canoe and kayak rentals, to custom-guided group trips and has locations in both Clarksville and Nashville. Run-A-Muck Outfitters provides experienced and novice outdoorsmen alike, easy access to hundreds of miles of river that are ready to be explored and enjoyed. If you want a guided group trip down the river, to rent a canoe for the weekend, or to buy a kayak of your own, visit Run-A-Muck Outfitters at runamuckoutfitters.com.

The attorneys at Patton & Pittman are proud to support local businesses like Run-A-Muck Outfitters. Patton & Pittman is a full service law firm that helps small businesses get off the ground.  We recognize that every business is unique and we will determine what approach is best for you and your business, including forming a limited liability company, limited liability partnership, or other entity for liability protection and preparing an operating agreement or partnership agreement to achieve your financial goals.  Our firm also has a large professional network including Certified Public Accountants (CPAs) who can assist you with everything from tax advice to setting up your business' payroll.  Call anytime to schedule an appointment with one of our business attorneys.  

Partner Chris Clark Chosen By AMGOA

The best complement for an attorney is often a referral. So when a national organization chooses to refer you to its members and followers, it is a true honor.  Patton & Pittman Partner Chris Clark has long provided skilled representation for responsible gun owners who have found themselves facing criminal charges.  His work in this area has been recognized by numerous Second Amendment Organizations throughout the U.S.  Recently, Chris received notification that the American Gun Owners Alliance (click here) had listed him as a preferred attorney for its members.  When asked about the listing, Chris said, “This was a surprise.  I had not previously been in contact with AMGOA. They became aware of my work with other organizations and clients and chose to add me to their network.  I am honored by the selection and excited about working with AMGOA members and supporters.”  

New Website

Patton & Pittman's all new website is now live.  Visit the site here.  The website contains a great deal of information on all of our areas of practice as well as other resources.  Let us know if we can be of assistance to you in any or your legal needs.

Partner Chris Clark Obtains Lowered Bond in High-Profile Murder Case

Chris Clark, a partner at Patton & Pittman, successfully argued for a substantial bond reduction in one of Clarksville’s most high-profile murder cases last week.  Clark represents a mother who has been charged, along with her husband, with the murder of her young child.  During Clark’s cross-examination, the lead detective admitted to the court while under oath that she did not believe that the mother had caused the injuries that lead to the child’s death.  She further testified that there were no witnesses or direct proof that the mother had caused any of the unfortunate injuries.  The court immediately lowered the quarter-of-a-million dollar bond to $25,000.  

It's The New Year: How Much Insurance Do You Have?

The new year is a good time to reevaluate your vehicle insurance needs.  We are inundated with ads for companies selling minimum limits insurance.  The latest is a commercial in which the narrator says "your neighbor drove his car through your house.  Thankfully he had minimum limits insurance from ****."

Frankly I would not be happy to have the insurance adjuster tell me that she is sorry that only a small part of my damage will be paid because there was not enough insurance.  Vehicle insurance protects you when you cause a wreck and, maybe more important, protects you if you are hit by an uninsured or underinsured driver.

Imagine you accidentally cause a wreck causing a life-altering injury to a child.  Now imagine that an uninsured driver causes such an injury to your child.  In either situation you need to have as much vehicle insurance as possible.  The minimum limits ($25,000.00 in Tennessee) will do little to protect you.

Insurance is relatively cheap.  Take five minutes this new year and call your agent.  Remember that minimum limits equals minimum protection.

New Year's Resolution: Estate Planning

The new year brings about many resolutions. One that we strongly urge you to think about is proper estate planning.  With changes in the estate tax laws in Tennessee and at the federal level, it has never been easier to plan for your family's future when you pass away.  Contact a competent attorney to discuss simple steps you can take to protect those you love.  A simple will, healthcare power of attorney and living will can not only give you peace of mind, but will help simplify the issues that those you leave behind will have to deal with when you are gone.

I know it is not something we like to think about, but a few simple steps can ensure that your passing does not result in financial uncertainly for those you love when you are gone.

Contact Nathan Hunt or Chris Pittman at Patton & Pittman to discuss your options and have a happy new year.

Nathan Hunt Elected President of the Montgomery County Bar Association

Nathan Hunt, a partner at Patton & Pittman, has been elected President of the Montgomery County Bar Association after serving as Vice President for 2013.  Hunt's term will run through December of 2014.  As President, Hunt will oversee the bar association for the fifth largest city in Tennessee with over 200 attorneys.
Hunt is the third partner from Patton & Pittman to serve as President of the Montgomery County Bar Association.  Greg Patton was president of the Montgomery County Bar Association in 1999 and Chris Pittman was President in 2005.

Attorney Pittman Speaks At Two CLE Programs In December of 2013

In December of 2013, Chris Pittman was a speaker at two different CLE programs in Montgomery County.

Pittman first spoke to the Montgomery County Bar Association on recent changes to Tennessee Supreme Court Rule 9, which governs discipline of attorneys.  Pittman has been a Committee Member for the Board of Professional Responsibility for 6 years.  In that role, he often sits as a member of hearing panels on lawyer discipline.  The 2 hour presentation was a part of the Montgomery County Bar Association's annual Christmas Ethics CLE.

Pittman was also a speaker at a twenty hour CLE sponsored by Warm Souls.  In this CLE, Pittman spoke on the topic of "Running a Law Firm...For Profit."  In this CLE, Pittman provided an outline of issues that impact the practice of law and making money as a lawyer.

New Attorney Joins Patton & Pittman

Patton & Pittman is proud to announce that Allison Winters has joined our firm as an associate.  Allison is a 2013 graduate of Ole Miss Law School and is a native of Cheatham County, Tennessee.  Allison will primarily be working in the area of insurance defense litigation.