Nashville Lawyer Blog

1. What does it mean to get a Criminal Misdemeanor Citation in Davidson County, Tennessee?

The short answer is that it is basically the same thing as getting arrested, yet you were spared the humiliation of being physically arrested, put in jail, and forced to call someone to bail you out.

2. If it is basically the same as an arrest then why didn't the officer arrest me?

Tennessee Code Annotated section 40-7-118(b)(1) provides:

A peace officer who has arrests a person for the commission of a misdemeanor committed in such peace officer's presence ... shall issue a citation to such arrested person to appear in court in lieu of the continued custody and the taking of the arrested person before a magistrate [unless:]. . .
(1) The person arrested requires medical examination or medical care, or if such person is unable to care for such person's own safety;
(2) There is a reasonable likelihood that the offense would continue or resume, or that persons or property would be endangered by the arrested person;
(3) The person arrested cannot or will not offer satisfactory evidence of identification, including the providing of a field-administered fingerprint or thumbprint which a peace officer may require to be affixed to any citation;
(4) The prosecution of the offense for which the person was arrested, or of another offense, would thereby be jeopardized;
(5) A reasonable likelihood exists that the arrested person will fail to appear in court;
(6) The person demands to be taken immediately before a magistrate or refuses to sign the citation;
(7) The person arrested is so intoxicated that such person could be a danger to such person or to others; or
(8) There are one (1) or more outstanding arrest warrants for the person. (emphasis added).

Essentially, this statute provides that although a person who has committed a misdemeanor in an officer's presence may be placed under arrest, the person should be placed under custodial arrest and given a citation unless one of the eight exceptions is applicable. The Tennessee Court of Criminal Appeals has previously held that under this statute, a police officer must issue a citation and may not effect a full custodial arrest of a person who has committed a misdemeanor unless one of the eight exceptions is applicable. State v. Chearis, 995 S.W.2d 641, 644 (Tenn.Crim.App.1999).

By giving an individual a citation in lieu of arrest, it also saves the police officer a considerable amount of time as the officer can simply completes the citation form and avoids having to escort the offender down to the Nashville jail and apply for an arrest warrant before a night court commissioner.

Continue reading "What you need to know about Criminal Misdemeanor Citations in Nashville, Tennessee" »

Tennessee Code Annotated 55-10-416 makes it absolutely illegal for the driver of an automobile to possess an open container of alcohol. The law does not forbid a passenger from possessing alcohol or other persons not in an automobile from possessing an open container. However, despite the fact that Tennessee law limits open container violations to drivers of automobiles, local city laws do in many cases prohibit passengers and other persons in public from possessing an open container of alcohol.

In Nashville, Local Oridinance: 7.24.040 named: Alcoholic beverages in open containers states:
A. It shall be a violation for any person, while in or on a street, alley, sidewalk, parking lot, parking garage or other area generally open to the public, except (1) enclosed structures, (2) premises owned by scientific, religious or educational institutions, or (3) premises specifically permitted or licensed for the on-premises consumption of alcoholic beverages or beer; to have in their possession beer, ale, wine or other alcoholic beverage for the purpose of consumption in a glass, aluminum, or metal container unless such container is commercially sealed.
B. Possession of beer, ale, wine or other alcoholic beverage in an open container not permitted in subsection A hereof shall be prima facie evidence of having said beverage for the purpose of consumption.

A close reading of such ordinance reveals that the law allows for one to possess alcohol in a plastic container. So don't forget to grab some plastic cups for your next Titans tailgate.