Posts by Bryan E. Delius
Supreme Court Rules Unanimously that Civil Forfeiture Laws for Criminal Violations are Unjust
The US Supreme Court recently ruled that limits must be placed on the practice known as civil forfeiture. Civil forfeiture is the taking of private property, including homes, cars, and cash, that were used to commit a crime. While the aim of civil forfeiture laws was to prevent the properties from being used for other…
Read MoreCan You Get Rid of a DUI on Your Record?
Tennessee, much like the federal government, has been working towards criminal justice reform. The state has changed some laws when it comes to clearing your record, such as allowing people to clear up to two convictions, and reducing the costs associated with expungement. Despite these changes, however, laws regarding driving under the influence were never…
Read MoreHospital Prices for Procedures Must Now Be Online
One of the most frustrating things for many healthcare patients is understanding how much hospital procedures will cost. Even when patients have insurance, it’s helpful to have an estimate of how much a non-emergency procedure will be, how much your insurance company will pay, how much the hospital will accept in payment, and how much…
Read MoreFederal Appeals Court Rules Tennessee’s Cap on Punitive Damages is Unconstitutional
Punitive damages are meant to punish wrongdoers for reckless and purposely deceitful conduct. They are designed to send a message that some conduct will not be tolerated under any circumstances. Punitive damages can be awarded both in a wide array of cases, from injury case to business litigation. Many states do not place a cap…
Read MoreNew Bills being Presented by TN State Legislators
With the start of the new calendar year and a new administration, lawmakers are ready with a variety of new bills they hope will become eventually become state laws. A few notable criminal laws were reported by the Tennessean this month. We’ve broken them down here, so you will know what to expect if they…
Read MoreThink You Have A Foolproof Way to Beat a Sobriety or Breath Test? Think Again.
Many people suspected of a DUI think that simple things like chewing on a mint can help defeat a breath test. People also think they know more about impaired driving than they really do. If you are convicted of a DUI, you could be sentenced to jail, lose your license, be ordered to pay substantial…
Read MoreWhat Pharmacies, Doctors, and You Need to Know about Tennessee’s New Opioid Law
Changes were recently instituted in the ways pharmacies can handle opioid medications. The new law was enacted in response to growing concerns that opioid drugs are addictive and can cause death and suicide. Pharmacies and doctors who fail to comply with these laws may face civil and criminal charges. Anyone in possession of illegal drugs…
Read MoreEligibility for a Restricted Driver’s License after a DUI Conviction
In Tennessee, any driver who is convicted of a driving under the influence of alcohol charge will be ordered to surrender his/her license for at least one year. Any driver who refuses to submit to a chemical test such as breathalyzer test will also lose driving privileges for at least one year. All Tennessee drivers…
Read MoreNew CDC Report Confirms that Fentanyl Is Now the Deadliest Drug in America
A CNN report cited data from the US Centers for Disease Control and Prevention (CDC) that confirm how deadly the synthetic opioid fentanyl is. The rate of drug overdoses due to fentanyl increased 113% from 2013 to 2016. The percentage of drug overdose fatalities of any kind has increased 54% from 2011 to 2016; 63,632…
Read MoreMost Common Causes of Fatal Car Accidents
Data from the National Highway Traffic Safety Administration (NHTSA) for 2017 confirm that more than 37,133 people were killed in traffic accidents in 2017. The number of deaths is a slight decrease from 2016 when 37,461 people died in vehicle crashes. The leading causes of traffic deaths include the following: Drunk driving. Drunk and drugged…
Read More