Thursday, December 29, 2011

Tennessee Highway Patrol warns of stiff penalties for certain tactics to avoid traffic jams

We have all been stuck in the long waits of the post-Christmas traffic.  We have all seen as drivers looking to avoid the long waits have taken shortcuts by turning in the medians or driving in the turn lane.  A report from the Tennessee Highway Patrol says they are looking for those individuals who are breaking the law to avoid traffic jams.  These tactics could result in substantial fines and points on your driving record.  Additionally, there could be reckless driving charges that arise out of these often dangerous tactics.  As we approach the new year remember to play it smart and play it safe when avoiding the traffic.  If, however, you find yourself charged with reckless driving or any other driving charge, please call the Law Offices of Andrew E. Farmer.  Our licensed Tennessee attorneys practice in Sevier, Blount, Jefferson, Cocke & Knox Counties. 

Wednesday, December 28, 2011

New Hampshire Man Gets DUI on Steamroller

In Tennesee, our statutes define driving for the purpose of a DUI as being in physical control of any automobile or other motor driven vehicle while intoxicated.  Since a steamroller is motor driven, it is possible to get a DUI in Tennessee on construction equipment.  However, the person must be in control of the motor driven vehicle on a public road, highway, street, alley or while on the premises of a shopping center, trailer park, apartment house complex or any other premises that is generally frequented by the public at large.  If you find yourself facing a DUI charge in Pigeon Forge, Gatlinburg, Sevierville or in Knox, Cocke, Jefferson or Blount Counties, then let the licensed Tennessee attorneys of The Law Offices of Andrew E. Farmer fight for you.

Tuesday, December 27, 2011

Credit Cards, Christmas & Bankruptcy

A recent statistic said that 30% of all gifts purchased for this Christmas were purchased on credit cards.  That means of the billions of dollars spent over the past month and a half were largely furnished with money that we the average consumer did not actually have in our pockets.  In a time of weak employment prospects and a bad economy such a large amount of debt can be overwhelming.  If you find yourself buried under mountains of bills and credit card debt, then the Law Offices of Andrew E. Farmer can bring you some much needed debt relief.  Our Chapter 7 Bankruptcy attorneys practice in Sevierville, Pigeon Forge, Gatlinburg & the surrounding counties of Knox, Blount, Jefferson and Cocke. 

Friday, December 23, 2011

Santa Breached Our Contract.....

So here I am a 12 year old boy and all I want is that one video game, you know the one.  It is the one I have wanted all winter long.  So I hold up my end of the deal.  I'm a good boy (as much as any 12 year old can be) and I do most of what I am asked to do by my parents.  Santa even had a big plate of cookies and milk left out for him on Christmas Eve.  So Christmas morning what do I find under that glowing and glistening Christmas Tree?  Socks and new sweater.  (A sweater uglier than last year's sweater even!)  Santa we had a deal.  I held up my end of the bargain and you dropped the ball.  I'll see you in Court fat man.  Consider yourself served!

PS.  I'm kidding Santa! I don't want coal this year.  I promise not to sue.  Besides, the Statute of Limitations ran on that years ago.   


MERRY CHRISTMAS FROM THE LAW OFFICES OF ANDREW E. FARMER!!!!!!

Thursday, December 22, 2011

Are all debts that I owe dischargeable in bankruptcy?

While the majority of debts that individuals incur are able to be discharged in bankruptcy, there are a few types of debts that may not be discharged by filing a Chapter 7.  These debts include certain tax debts, student loans, child support & alimony, marital debts incurred from a divorce decree, debts from intentional torts, damages from driving while intoxicated, court fines & criminal restitution, credit purchases of more than $500 within 90 days of filing the bankruptcy, and cash advances that total more than $750 within 70 days of filing bankruptcy. 

If you have debts that are overwhelming you and you need a fresh start, then let the Law Offices of Andrew E. Farmer provide the debt relief you need.  We serve Sevier, Jefferson, Cocke, Blount & Knox Counties.

Wednesday, December 21, 2011

Grounds for Divorce in Tennessee

In Tennessee, a couple may get divorced by agreement without fault being found against either person where the parties agree and enter to what is called a marital dissolution agreement.  This is a contract between the couple that says that the parties have irreconcilable differences and fully divides the couples' debts, property, assets and custody. 

When there is not an agreement, then there must grounds for which the court can grant a divorce.  The grounds for divorce in Tennessee are as follows:

(1) Either party, at the time of the contract, was and still is naturally impotent and incapable of procreation;
(2) Either party has knowingly entered into a second marriage, in violation of a previous marriage, still subsisting;
(3) Either party has committed adultery;
(4) Willful or malicious desertion or absence of either party, without a reasonable cause, for one (1) whole year;
(5) Being convicted of any crime which, by the laws of the state, renders the party infamous;
(6) Being convicted of a crime which, by the laws of the state, is declared to be a felony, and sentenced to confinement in the penitentiary;
(7) Either party has attempted the life of the other, by poison or any other means showing malice;
(8) Refusal, on the part of a spouse, to remove with that person's spouse to this state, without a reasonable cause, and being willfully absent from the spouse residing in Tennessee for two (2) years;
(9) The woman was pregnant at the time of the marriage, by another person, without the knowledge of the husband;
(10) Habitual drunkenness or abuse of narcotic drugs of either party, when the spouse has contracted either such habit after marriage;
(11) The husband or wife is guilty of such cruel and inhuman treatment or conduct towards the spouse as renders cohabitation unsafe and improper which may also be referred to in pleadings as inappropriate marital conduct;
(12) The husband or wife has offered such indignities to the spouse's person as to render the spouse's position intolerable, and thereby forced the spouse to withdraw;
(13) The husband or wife has abandoned the spouse or turned the spouse out of doors for no just cause, and has refused or neglected to provide for the spouse while having the ability to so provide;
(14) For a continuous period of two (2) or more years both parties have lived in separate residences, have not cohabitated as man and wife during such period, and there are no minor children of the parties.

If you are looking for experienced licensed Tennessee attorneys to help you through the legal maze of divorce, then let the Law Offices of Andrew E. Farmer be your guide.  Our attorneys practice in Sevier, Jefferson, Cocke, Blount & Knox Counties.

Tuesday, December 20, 2011

DNA is enough to toll Statute of Limitations indefinetly?

A recent Tennessee Court of Criminal Appeals case has upheld the conviction of a man for attempted aggravated rape for an attack that occurred in 1994.  The warrant was taken out against "John Doe" with the attacker's DNA profile attached to uniquely identify the individual.  The defendant was not charged until approximately 6 years after the Statue of Limitation would have ran for the criminal charge of attempted aggravated rape.  While this gives victims of crimes additional time for justice in their crimes, it may be found ultimately un-Constitutional as it could arguably violate both the Fourth Amendment requirement that warrants have particularity and the defendant's Sixth Amendment right to a Speedy Trial. 

If you or your loved ones are facing criminal charges, let the the Law Offices of Andrew E. Farmer assist you in defending your rights.  Our licensed Tennessee attorneys practice in Sevier, Jefferson, Cocke, Blount and Knox Counties.