Nashville Criminal Attorney

Avoid the Following Mistakes if Pulled Over for DUI

1. Assuming that with a breathalyzer or (BAC) blood alcohol test result is greater than .08, the case is lost. Attorney David Ridings can help you learn about the system before you make a judgment about the evidence. He has won countless cases that were “over the limit”. Do not make this fatal mistake.

2. Procrastinating, being your own lawyer, or not taking the charges of DUI seriously will be painful! I wish I had a video of people representing themselves. You wouldn’t attempt it if you had seen what I have seen. It is painful to watch someone that does not understand the law attempt to represent themselves. Don’t make this mistake, folks, with your DUI.

3. Failure to call DUI Attorney David Ridings for a free consultation and become educated about the process for free. DUI charges are a big deal– you are in legal trouble and you need a criminal defense lawyer. And, if you get one with the experience of David Ridings… you increase your chances of avoiding a DUI conviction. Let his decades of experience, on all sides, work for you. .

4. Hiring the first lawyer who promises to keep you out of jail. You need truthful, realistic representation that will guide you as well as defend you. Don’t get advice from someone will little or less experience! Ridings has over 26 years of experience on every side of the criminal justice system. Much of that time was on the streets doing real police work. Almost 15 years of that time was as a successful criminal defense attorney defending DUI clients. All of this time has earned him a stellar reputation. 

5. Failure to become educated about the long term dangers of a DUI conviction. The real danger of a DUI is what it sets you up for in the future concerning your career, family life, and many aspects of day to day living. Take it seriously. You can bet the prosecutor will.

6. Failure to write a very detailed narrative of what happened to aid your attorney in analyzing the case. You know what happened, David Ridings knows the law; together he can ensure that proper procedure was actually followed. In a prosecution for DUI, procedure is important.

7. Failure to evaluate the fourth Amendment implications of the stop. For example: was the stop illegal? Did the officer have probable cause for the stop? If not, the evidence may be able to be suppressed thus damaging the state’s case. Often, the case can then be dismissed (or at least reduced). About 1/3 of all DUI stops have a fourth amendment component. You need to know your rights. If you don’t… call David Ridings and ask him. The call is free.

8. Failure to take the time legally given you. Do not rush to plead guilty at arraignment. Without understanding the case facts, the variables and where you stand versus the evidence gathered, pleading guilty at that stage is too soon … and it can make matters much worse.

9. Believing that your case is special because you’ve never done anything illegal before and are generally a good person. The DA’s office could care less! Never speak to an ADA in the hope of obtaining leniency because you have never been arrested. Prosecutors deal when they are threatened with losing a case or having evidence suppressed. They will speak kindly to you, but you will NOT get the best deal without an attorney who knows the law and the facts of your case. This is actually a very common mistake. And anything you say to that DA will be written down for future use in your prosecution. Don’t make that mistake. You will certainly realize the detriment of it soon enough.

10. Do NOT hire an attorney that will make you a promise in return for a fee. Period. Too many times I have met with clients who said … “can you guarantee me that I will get a reckless driving? Attorney John Doe did!” In my office, the answer to any question with the word “guarantee” in it… is No. Attorney’s cannot “guarantee” anything in this business. And I will never promise a result in return for a fee. But the good thing is that I can tell you things “based upon my experience” that many attorneys are not able to tell you simply because they do not have that experience. Don’t pay for promises in a world where they are not able to be kept. Pay for “experience”… and you will be glad you did!

What you should do if you’re stopped by the police…

1. Be polite and respectful. Do not swear or become belligerent to a police officer.
2. Stay in control of your words, body language and emotions.
3. Do not argue with the police.
4. Remember anything you say or do can be used against you in a court of law.
5. Keep your hands where the police can see them. If you have a weapon tell the officer immediately
6. Never try to run. Do not touch a police officer- you could be charged with assault or resisting arrest- but you give the police a cause for arresting you.
7. Even if you think you are innocent, cooperate with the officer(s).
8. Do NOT make any statements regarding the incident. Do not answer ANY questions.
9. Ask for a LAWYER immediately upon your arrest. Be sure to call an attorney that can be reached anytime of the day or night like Attorney David Ridings.
10. Remeber officers’ badge and patrol car numbers.
11. Write down everything that you remember about the arrest or stop.
12. If you are injured, take photographs of the injuries soon after the stop, and always make sure you seek medical attention first

First, do NOT ignore it. It will not go away. We get clients with outstanding warrants against them all the time. We handle it swiftly, and efficeintly for all involved. We assist them in turing themselves in, and acquiring a bond by way of the magistrate. We will also coordinate the court appearances and put you in an automated communication system so you won’t miss a court date.

If the warrant is for a probation violation, you may already have a bond set, and in some extreme cases you may have an “open court bond” (which means you can’t bond out until you see a judge on the violation.)

Outstanding warrants are common, and not something you need to fear when you hire an experienced criminal defense attorney to assist you.

Do these things in order:

1. Contact an attorney (if you don’t know one, then interview at least three attorneys so you know what’s out there). Most criminal defense attorneys require payment in advance for criminal cases, so you need to work that out before you turn yourself in.
2. Contact a bondsman. We can help with this if you don’t know one, but like attorneys you should interview at least three bonding companies.
3. Have a family member or friend who knows about the situation that can work on the outside of jail if you get stuck in jail on an open court bond. The person on the outside can contact the bondsman and/or attorney when needed if you make sure to give them the contact information for both.
4. Relax and let the attorney work for you. These situations are stressful, we know that. But hiring the right criminal defense attorney will help alievate some of that stress.

For more information, visit: www.NashvilleCriminalAttorney.com.

Or you may call Attorney David Ridings directly at 615-394-7611.

Can I legally record a police encounter?

I get the question alot, and believe it or not in some jurisdictions my answer used to be different. But now, generally speaking, it is legal to record a police encounter in every state in the United States, unless it would interfere with an investigation (hard to prove) or create some kind of safety hazard, and in some cases possibly when you are on private property.

Most courts agree that the First Amendment to the Constitution gives you the right to record – with pictures, audio, and video – police officers who are on duty (or off duty) while in public. Although the First Amendment doesn’t specifically say we have a “right to record the police”, it does give us the freedom of speech and freedom of the press. It also provides the right to “gather or document” information about our government (which includes Law Enforcement).

I also agree that you “should” be able to record police. And you “should” do so when you can do so safely. Even when they have bodycams, it is always preferred to have your own personal recording of these encounters when possible. But, we have all seen videos where the police officer insists that you stop recording them, or stop taking pictures while in a public place. But these videos are “learning material” in my opinion, and provide for good training on the topic.

You may encounter an officer who threatens to arrest you for videoing him or her, and if you do then you have a decision to make. Do you insist on having your first amendment right to continue, or face the threat of arrest for doing what you hae the right to do.

Well, I cannot answer that for you. That is a decision that “you” must make. But I will tell you that if a police officer asked me to discontinue recording him or her when I knew I had the right to do so, I would politely refuse. I would stand my ground and politely tell him or her that I had the First Amendment right to continue, but I would respect his boundaries if there is a scene of a crime or traffic stop. That said, every situation is differnt and there may be issues that directly effect my response to this question.

I would just tell you to be polite and respectful of the officer’s safety, and if the officer makes the mistake of arresting you for simply recording him, seek an attorney immediately and say nothing to the police while on the scene. Nothing good comes from you arguing with officers on the scene of an incident like this (except maybe a few thousand Youtube views). But we don’t want to risk our safety for that.

Good luck, and stay well. And, as always, be sure to contact Nashville’s Premier Criminal Defense Attorney David Ridings for more information, or for a free consultation regarding this, or any other legal matter.

This blog site is a compilation of legal blogs by Former Police Officer/Prosecutor, & Nashville Criminal Attorney David Ridings. It is, genearlly speaking, for entertainment purposes only and never to be construed to be “legal advice”. You should always consult an attorney about any specific legal questions or concerns you may have. You should never look to blog sites like this for “legal advice”.

“I left the scene of an accident last night, and don’t know what to do.”

I get this call all the time. Usually because someone got scared and left the scene of an accident, either leaving their car on the scene because of damage, or driving away and going home or to a safe location. NOW WHAT?

Well, we handle these kinds of cases all the time. But there is no quesiton you need to hire an attorney IMMEDIATELY. This is not something you should even attempt to navigate yourself.

My advice to these callers depends on many factors. First, did they drive away, or run away? Is the car still on the scene, or impounded, or in your driveway? Do you have a criminal record? Was anyone hurt in the accident that you know of? Many more issues arise as well, but first things first. Let’s get in front of this by hiring the best criminal defense attorney that you can afford, and let him or her advise you.

Having been a former police officer, I know what polcies and proceedures they follow in one of these investigations. I quite literally have the detectives of the Hit and Run Division of Metro Nashville Police Department on speed dial. The fisrt thing I will do is contact them for you. They are reasonable people, but they have a job to do and it is NOT in your best interest to contact them yourself. You should NEVER talk to the police yourself. And any lawyer worth his salt will tell you that.

That doesn’t mean we should just wait on them to catch you. Not at all. We should (and we do) call them and get them involved so that we can ultimately get your car back, and/or resolve any potential charges that may be looming. In “many cases” we are able to resolve the issue without a conviction for any criminal offense (such as Leaving the Scene Of an Accident), and in some cases without even a “charge” for any offense. Yes! That is possible.

What NOT to do?

1. DO NOT REPORT THE CAR STOLEN. You can get in much more trouble if you try to hide your involvment by reporting the car stolen. Believe it or not this happens frequently. But it is the wrong thing to do. With that said, if you have already made this mistake, we can fix that too!
2. DO NOT SPEAK TO ANYONE about the case or your involvment until you have consulted with an attorney. We can help you avoid a conviction and/or even a criminal charge in some cases, but you can hurt your chances of that by speaking to the police, your insurance company, or others without consulting with us first.
3. DO NOT DO “NOTHING”. Simply doing nothing will always compound your problems. Time is not your friend here. Get in front of this immediately. You’ll be glad you did. You will always feel better when you have consulted someone with experience defending Hit and Run cases. There is so much that we can do to mitigate your punishment and/or liability in this matter. But we have to get started quickly, before warrants are taken, and before the police come to find you.

Remember this: there is NOTHING that you have done that we can not resolve. And usually quite favorably. But you have to get started down the right path. And hiring an experienced lawyer is the first step of that “right path”. For more detailed information, or a free consultation, call Nashville’s Criminal Attorney David Ridings today.