A speeding ticket or traffic citation for a CDL driver can have a serious effect on their employment. While a non-CDL driver may be eligible for traffic school to keep a traffic citation off their driving record, there are some limitaitons on what Courts are allowed to do with citations for CDL drivers. 49 CFR § 384.226- Prohibition on masking convictions: The State must not mask, defer imposition of judgment, or allow an individual to enter into a diversion program that would prevent a CLP or CDL holder’s conviction for any violation, in any type of motor vehicle, of a State or local traffic control law (other than parking, vehicle weight, or vehicle defect violations) from appearing on the CDLIS driver record, whether the driver was convicted for an offense committed in the State where the driver is licensed or another State. A CDL driver may appear before a judge who indicates their hands are tied and they have no options but to either find the CDL driver guilty or not guilty. As stated above in the federal anti-masking statute, the Court cannot mask a CDL driver’s traffic conviction, defer judgment, or allow them to enter into a diversion program (such as traffic school). While the Court may be limited in options once there is a conviction (a finding of guilt), the Department of Safety’s website provides additional information on the subject. According to www.tn.gov , a judge MAY downgrade a traffic offense, find the driver not guilty, or plea bargain the charge as long as those actions take place BEFORE a conviction. This does not require the Court to allow plea bargaining or downgrading, but it does provide authority for the Court to rely on should the Court want to assist the CDL holder. If you find yourself in this situation, it may be beneficial for you to provide this authority to the Court, in a tactful way, to educate the Court on additional options the Department of Safety provides. https://www.tn.gov/safety/driver-services/commercial-driver-license/cdlcitation.html
The “Miranda warning” is a statement given by law enforcement to a suspect in custody, informing them of their rights. The warning is derived from the United States Supreme Court case, Miranda v. Arizona, 384 U.S. 436 (1966), which established the requirement for law enforcement to inform suspects of their rights before interrogating the m. The Miranda warning must include the following statements: The right to remain silent Anything said can and will be used against them in court The right to an attorney If they cannot afford an attorney, one will be appointed to them If law enforcement fails to give the Miranda warning before interrogating a suspect, any statements made by the suspect may be inadmissible in court. This is because the failure to give the warning violates the suspect’s Fifth Amendment right against self-incrimination and Sixth Amendment right to counsel. The legal analysis in cases where the Miranda warning is not given typically centers around whether the suspect was in custody and being interrogated at the time of the statements. If the suspect was not in custody or being interrogated, the Miranda warning is not required. However, if the suspect was in custody and being interrogated, the court will consider whether the Miranda warning was given and, if not, whether the statements made by the suspect were voluntary. In other words, the court will look at whether the suspect made the statements freely and without coercion. Miranda rights may be waived by a suspect if the waiver is made “voluntarily, knowingly, and intelligently.” Miranda v. Arizona, 384 U.S. 436, 444 (1966). The Supreme Court of Tennessee explains that “voluntarily” under Miranda means that the relinquishment of the right to remain silent “is the product of a free and deliberate choice rather than the product of intimidation, coercion, or deception.” State v. Stephenson, 878 S.W.2d 530 (Tenn. 1994). Additionally, the statements must be made “with full awareness of both the nature of the right being abandoned and the consequences of the decision to abandon it.” Id. at 544. If the court determines that the statements were involuntary due to the lack of a Miranda warning, then the statements will be suppressed and cannot be used against the suspect in court. This can significantly impact the prosecution’s case and may even result in charges being dropped or reduced. It is important for clients to understand their Miranda rights and the importance of remaining silent when in police custody. Even if the Miranda warning is given, it is always advisable to remain silent and request an attorney. Anything said to law enforcement can be used against the suspect in court, and even innocent statements can be misconstrued or taken out of context. By remaining silent and requesting an attorney, the suspect can ensure that their rights are protected and that any statements made are done so with the advice of counsel. Furthermore, clients should understand that law enforcement may use various tactics to obtain information, including deception or coercion. By remaining silent, the client can avoid inadvertently providing information that may be used against them or falling prey to law enforcement tactics. In conclusion, the Miranda warning is an essential component of the criminal justice system, designed to protect suspects’ constitutional rights. Clients should be aware of their Miranda rights and the importance of remaining silent in police custody. By doing so, they can ensure that their rights are protected and that any statements made are done so with the advice of counsel.
What is Delta-8 THC? Delta-8 THC is one of over 113 cannabinoids found in the cannabis plant. Like Delta–9 THC and CBD, Delta-8 THC is a natural chemical found in cannabis plants. Delta–9 and CBD cannabinoids derived from legal cannabis are much more prevalent in use in Tennessee. However, Delta–8 is receiving a considerable amount of attention from cannabis consumers in the State of Tennessee who want to consume a legal product and receive the unique benefits that Delta 8 provides. Delta-8 THC is chemically different from Delta-9 THC by only a few atomic bonds and still offers a potent high of its own. While Delta-8 THC only exists naturally in fractions of a percent, companies are finding value in concentrating esoteric cannabinoids for their unique effects and applications.(1) Because it is not contained in large concentrations in the hemp flower , it usually sprayed on hemp flower or placed in vapes, concentrates, and edibles. Because of its molecular structure, Delta-8 THC bonds more to CB2 receptors than CB1 receptors, allowing it to have numerous benefits on the body with fewer side-effects influencing the CB1 receptors in the brain. Ultimately, this makes the health benefits of Delta-8 THC stand out while minimizing its psychoactive effects. Is Delta-8 Legal in Tennessee? In December 2018, Congress passed the 2018 Farm Bill , which lifted the controlled substance designation for hemp and all its extracts except for Delta-9 THC which must be in a concentration of less than .3% on a dry-weight basis. Under current Tennessee and federal law, marijuana (illegal cannabis) is cannabis that contains more than 0.3% Delta-9 THC on a dry weight basis, while hemp (legal cannabis) contains less than 0.3% Delta-9 THC. Delta-8 is legal under both Tennessee and federal law. There is currently no limit on how much Delta-8 THC a product may contain in order to be considered legal cannabis so long as the Delta-8 THC is derived from the hemp.(2) DEA being the DEA In 2020, DEA released the “Implementation of Agricultural Improvement Act 2018“, which outlined a very different interpretation of the 2018 Farm Bill as it relates to Delta-8 THC. According to DEA, Delta-8 THC was not covered under the 2018 Farm Bill as a derivative of hemp and is therefore illegal. Their interpretation of the plain language of the 2018 Farm Bill is based on the fact that Delta-8 THC is not present in extractable levels in hemp and must be synthesized from CBD. The DEA is thus proposing that Delta-8 be considered a synthetically derived tetrahydrocannabinols and listed as schedule 1 controlled substance.(3) This has been hotly disputed and has not been deemed final by the DEA or any governing body. Future of Delta-8 Due to the benefits of Delta-8 THC and the minimal psychoactive effect it has on users, it will hopefully become more widely desired and produced by our Tennessee hemp farmers, manufactured by Tennessee businesses, and sold in retail CBD stores in Tennessee. Regulation is almost certain but not necessarily a bad thing. Responsible and informed regulation will allow the responsible manufacturers and retailers to provide consumers with safe and effective Delta-8 THC cannabis products. I only hope our conservative state legislature does not try to put the toothpaste back in the tube. —— HEMP LAW GROUP HEMP LAW GROUP is Tennessee’s first and only legal group dedicated to representing individuals and small businesses navigate the legal cannabis industry in Tennessee. Joey Fuson , partner at Freeman & Fuson, founded Hemp Law Group and is widely considered a leader and expert in the legal hemp and cannabis industry in Tennessee. To learn more, visit www.hemplawgroup.com . https://www.tn.gov/content/dam/tn/agriculture/documents/industrial-hemp/Industrial%20Hemp%20Fact%20Sheet.pdf