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Legal-Kal, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 584
Experience:  Attorney at Law Offices of Khaled Issa
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I got pulled over on a revoked license in Murfreesboro tn

Customer Question

I got pulled over on a revoked license in Murfreesboro tn pulling into mtsu who had a seizure. I have a doctors note saying he had a seizure. I have no other warrants or problems but I am on unsupervised probation. Did I just break probation or will the doctors note help. Need advice on what I should do.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Legal-Kal replied 1 year ago.


I am deferring to another expert to better assist you in this area.

Expert:  Legal-Kal replied 1 year ago.


I apologize for the mix up. I will be happy to assist you in your issue today.

Customer: replied 1 year ago.
Thank you It should say picking up a friend who had a seizure
Expert:  Legal-Kal replied 1 year ago.

First off, I want to ask, where you driving the vehicle prior to picking up your friend?

Customer: replied 1 year ago.
I was pulling into mtsu to pick him up. I live less than three minutes from the school
Customer: replied 1 year ago.
other than picking him up no
Expert:  Legal-Kal replied 1 year ago.

Ok. This matter is a bit more complicated because you were on probation. So, in addition to this new charge, you will have to deal with a possible violation of your probation.

First, I'd like to discuss the new matter as a result of your driving. What it seems you are concerned with is a possible defense to your driving on a suspended/revoked ticket. Tennessee recognizes what is called "necessity" as an affirmative defense. Necessity is present when a criminal act is justified if it is immediately necessary to avoid imminent harm. Also, the imminent harm can not have been caused by you. T.C.A. § 39-11-609.

When it comes to invoking an affirmative defense, there must be a trial. This is because the jury or judge must determine if: a) the facts present indicate the possibility of an imminent harm and b) whether the Tennessee case law would also recognize your argument as valid under the law.

Furthermore, you, as the defendant, would bear the burden of proof in showing the necessity. In essence, an affirmative defense can be construed as "Yes, I committed the crime, but....". As you can see, these arguments are not always successful, but many are.

The fact that your friend, presumably, called you and he was in an a scenario where he would be severely injured, or worse, and you had no other ways to get him. There may be an argument.

However, these types of issues are very fact intensive, so I cannot say whether I believe there would be a successful argument. For instance, why didn't he call 911? Why didn't you call 911? Did you have anyone else who could have driven you or driven your friend? Where were you planning on going after getting to your friend?

These are all questions that need to be answered prior to addressing whether your driving can be excused. If you can respond to this post with those answers, I can better evaluate your ability to provide the defense.

Customer: replied 1 year ago.
He is a disabled student at mtsu he has a record of seizures and they released him to get picked up from there "hospital " His wife is a teacher and at work. I guess he could of got a taxi but he really isn't there after seizures so that wouldn't be safe really. But he had medical attention just no way to leave the school
Customer: replied 1 year ago.
I'm on unsupervised probation everything has been paid off I don't know if that helps
Customer: replied 1 year ago.
my roommate was at work I was home alone so no one could drive me
Expert:  Legal-Kal replied 1 year ago.

Was he outside of a hospital when the seizure occurred?

My concern here would be the fact that you could have, and should have, called 911 as you: 1) knew he was in medical trouble and 2) must have known where he was located as you were driving there. While there was definitely harm here that outweighed you breaking the law in driving, the immanency is the element that you may not be able to show. This is because the more prudent course of action would have been to call 911 as they are trained to deal with the medical emergency and, more importantly, could have gotten to the scene much quicker.

Unfortunately, I do not believe, based on the facts given to me, that your defense of necessity would be successful. However, if found guilty or if you plead guilty, this is a very strong piece of mitigation (i.e., being punished less severely than if you were out for a simple joy ride or driving to the store).

As for the probation, what was it probation for?

Customer: replied 1 year ago.
He was in the rec where the medical area is when it happened so he really didn't have to go anywhere. And a dui April 2014
Expert:  Legal-Kal replied 1 year ago.

A universal condition of probation is that you do not commit any offense during the period of probation. If an offense is committed, the State can file a Violation of Probation. They then have two options generally. They can wait until the new case is resolved and, if there is a finding of guilty or a plea of guilty, that can be sufficient to violate your probation. Or, alternatively, they may proceed with a hearing on the Violation. Because violation of probation matters are not criminal matters, they do not have to prove you guilty of violating the probation beyond a reasonable doubt, they only have to show that you violated by a preponderance of the evidence (which means more likely than not, at least 51%). As you can see, violations of probation are generally easily won by the State.

When you have been found to have violated the probation, you can be: re sentenced to the maximum allowed under the law for the original violation, have the probation terminated unsatisfactorily, be re-instated to the probation (given a second chance), assessed additional fines and fees or any combination thereof.

Depending on your criminal history, and the facts of the underlying basis of violation (driving to help your friend), an attorney may be able to argue to the Court and obtain the best of a bad situation (which in this case, would be re-committing you to the probation, which acts as a second chance).

This is where a doctor's note, or your prior statements to police, regarding your friend may be helpful. In showing the Court that you technically violated probation only because of an emergency, you may be able to have a second chance at the probation. However, it is highly suggested that you hire an attorney in your jurisdiction to do so, as they will be familiar with the likelihood of such an outcome and how the Court may feel about the argument.

Customer: replied 1 year ago.
Thank you
Expert:  Legal-Kal replied 1 year ago.

Please feel free to ask any follow up question that you have. If you are happy with the assistance I've provided, please leave positive feedback so I may be credited for my response. Thank you!