Monday, 21 March 2016
DUI Forced Blood Draw

If you are pulled over in Tennessee for suspected DUI, many people know about the entertaining roadside tests that officers are trained to perform in an attempt to determine if you are impaired or not.  Unfortunately, many of these tests are not very good indicators and even performance by sober people is typically not good.   After the officer has performed the roadside tests and determined that you are impaired, you typically had two choices:

1.  Take a blood test; OR
2.  Refuse to take a blood test. 

Of course if you refused to take the blood test you would then be charged with Failure to Consent and DUI, instead of just DUI.  It would then be up to the state to prove that you were in fact impaired and guilty of DUI.  It was much more difficult to prove you were guilty of DUI without the blood test. 

In recent years this has changed, now if an officer has probable cause to believe that you are impaired he can seek a search warrant and force you to give blood even if you refuse.  This can make matters much more difficult on the accused and greatly increases the need for competent representation.  Our firm has seen this threatened by law enforcement officials to get the accused to consent to a blood draw.  The best solution is not to drink and drive at all.  However, if you have been charged with DUI it is very important to have your case reviewed by an attorney.  If you are accused of a crime call our office immediately. 

Our law firm has successfully represented clients charged with DUI.  If you have been charged with a crime and need Lawyer to Represent You in a Criminal Law Case we can help! To Read More about our Criminal Litigation Services - Click Here


Posted on 03/21/2016 1:44 PM by Jonathan Tinsley
Thursday, 10 March 2016
Beneficiaries Trump Wills

I was having a discussion recently with a colleague about some of the most common misconceptions among people regarding estate planning.  For example, as I've discussed in a past blog, your spouse does not automatically inherit your entire estate if you pass away with children. (You can see why that is a huge reason in itself to have an estate plan.)  Another very common misunderstanding is regarding the order of priority for named beneficiaries and the beneficiaries listed in a Will.

Let me explain what I mean by differentiating the two types of beneficiaries. By "named beneficiary," I'm referring to someone that you explicitly place as a beneficiary on a specific asset.  For example, a beneficiary on a life insurance policy or an IRA is a named beneficiary.  Whereas, more generically, a beneficiary in a Will is exactly what it sounds like a person named in your Will to inherit a specific asset or assets.

So here's the issue: what happens when you have the named beneficiary listed as one person and the beneficiary in your Will for that same asset is listed as someone else?  In short: named beneficiaries trump wills.  More specifically, the named beneficiary listed on your life insurance policy will trump the person your leave your life insurance policy to in your Will. 

It's easy to see why this is incredibly important.  You can obtain a false sense of security when your Will is perfected but your named beneficiaries are not accurate.  At Tressler & Associates, we want to make sure that your entire estate is transferred exactly as you intend and this is an example of a common mistake that we work to prevent in your plan.

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Planning Your Estate can help prevent future difficulties for your family. To Read More about our Estate Planning Services - Click Here


Posted on 03/10/2016 10:14 AM by Erika Piland
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