November 2018 Archives

Does the Constitution's 'excessive fines' clause apply to states?

In 2015, Tyson Timbs pled guilty to heroin charges and sentenced to five years' detention and probation. However, since his 2012 Land Rover was allegedly used to transport the drugs, the state of Indiana seized it as property that had been involved in crime. The vehicle was worth approximately $42,000 -- four times the maximum fine the state could impose for the crime he committed. The trial judge and an appeals court ruled that the seizure violated the Eighth Amendment's prohibition on "excessive fines."

Can you get a DUI in Tennessee without actually driving?

In Tennessee as in many states, people can be convicted of DUI not because they were actually driving, but because they were in physical control of a motor vehicle. This can potentially lead to some troubling cases.

What could tourists face over fights in Nashville?

Tourists coming to Nashville to enjoy its music scene, restaurants, attractions, nightlife and other offerings hope for a fun trip without troubles. Unfortunately, things don’t always go as smoothly as a visitor would hope. Some unexpected problems are just minor inconveniences. Others could have the potential to have major repercussions that last long after the trip.

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Patrick T. McNally, Attorney at Law
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