John P. Webb, Attorney at Law
(615) 647-5762

Brentwood Criminal Defense Law Blog

Drunk driving goes into autopilot thanks to the self-driving car

Slamming high speed into the back of a parked fire truck on the scene of an accident was one of two drunk driving accidents in California this month in which self-driving cars were blamed. The Tesla sedan was traveling at 65 mph when it hit the emergency vehicle. In the second incident, the driver of an autonomous vehicle was arrested and charged with a DUI when he was found passed out behind the wheel. His blood alcohol content was two times the legal limit. In both cases the drivers told authorities they were not driving, the cars were.

Don’t blame it on the car

Someone attacked me—am I allowed to fight back?

Let’s say that you and your friends are at a bar, hanging out and having a few drinks. Everyone else in the bar has had a few drinks, too, and the atmosphere is getting tense. Another patron starts to argue with you and your friends, and he becomes increasingly belligerent. Without warning, he takes a swing at you. Should you fight back?

Assault and battery are serious charges in Tennessee—the court does not look kindly on bar fights. But if the other person was attacking you and you hit him back, can you still be prosecuted?

“Booze it and Lose it” a success over 2017 holiday season

The holiday season is typically filled with family get-togethers, beautiful lights and decorations, and holiday parties. People enjoy eggnog at Christmas and ringing in the New Year with champagne toasts. Over-indulging is not unusual.

What isn’t part of the holiday season for most people is being arrested.

Can you get a DUI for prescription pills?

Yes, you can be arrested for driving under the influence if you test positive for prescription medicines like hydrocodone or Valium - even if your doctor prescribed them.

Public safety is the reason for this. The state of Tennessee wants people behind the wheel to drive competently. So it includes prescription drugs in its DUI law, along with alcohol and illegal substances like marijuana and amphetamines.

Tennessee court rules on charging shoplifters with burglary

Is shoplifting the same as burglary? The law says no, but a policy in Tennessee allows prosecutors to treat shoplifters as burglars. Prosecutors in Knox County have been treating individuals charged with shoplifting the same as individuals charged with burglary to crack down on shoplifting and repeat offenders.

Prosecutors may no longer be able to use the policy to “crack down” on shoplifters. The state appellate court recently ruled that the policy is unconstitutional. Tennessee Criminal Court of Appeals Judge Camille R. McMullen said that shoplifting is not the same as burglary, and treating shoplifters as burglars violates the constitution. She said burglary charges are intended to punish individuals who break into homes or locked businesses – not shoplifters who steal from places that are open to the public, such as retail stores that are open 24 hours.

Underage drinking at college: Disciplinary action may be the least of your worries

Do college students understand the potential consequences of underage drinking? The answer is likely no. Every year, college students are caught consuming alcohol on and off campus. While it may not seem like a big deal to get caught drinking alcohol, students can face serious consequences and penalties from their university in addition to criminal charges.


Do you know your rights during a traffic stop?

Flashing police lights in your rearview mirror is never a welcomed site. Why am I being pulled over? How long was the cop behind me? These are common questions that may run through your head as soon as you see the police behind you.

How to protect yourself after being pulled over


John P. Webb, Attorney at Law
5115 Maryland Way
Brentwood, TN 37027

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Phone: 615-647-5762