Bartlett Injury and Trial Law

Bartlett Injury and Trial Law Tennessee's Trusted Injury and Trial Lawyer - Nashville Criminal Defense and DUI Lawyer - former 101 Berkemer v. McCarty, 468 U.S. 420, 440 (1984). Id. Crim. App.

The United States Supreme Court has held that persons temporarily detained pursuant to a traffic stop, even one involving some investigation regarding intoxication, are not “in custody” for the purposes of Miranda. A traffic stop does constitute a Fourth Amendment seizure of individuals in the car. at 436-37 (“Certainly few motorists would feel free either to disobey a directive to pull over or to

leave the scene of a traffic stop without being told they might do so.”). For the Fifth Amendment right to counsel during police interrogation to apply, however, the driver must be in custody such that she “was subjected to restraints comparable to those associated with a formal arrest.” Id. at 443 (noting that a typical traffic stop is less coercive in nature than a police station interrogation because the stop is presumed to be a brief detention and is in a public place with police behavior in full view); see also State v. Snapp, 696 S.W.2d 370, 371 (Tenn. App. 1985) (holding that the defendant was not in custody for purposes of Miranda when police questioning occurred “at the scene of a traffic accident, on a public road, and before the defendant was transported away in a patrol car.”); State v. Timothy A.Summers, No. E2007-02127-CCA-R3-CD, Union County, slip op. at 6 (Tenn. Oct. 13, 2008) (holding that the defendant was seized but was not in custody when he was stopped by police at a public parking lot, questioned, and asked to perform field sobriety tasks).

04/14/2026
03/19/2026

615-479-0550 - We never use AI! You will always speak to a real person at Bartlett Law!

If you are in jail and your lawyer does NOT recommend getting out, find another lawyer! You cannot properly defend a criminal case from jail.

Hear those words: NOT GUILTY! If you are facing serious jail time or just a weekend, hire a lawyer that will work hard for you! Call or Text Lawyer Kurt Bartlett at 615-479-0550.

Veteran owned business, former 101st Airborne and Metro Nashville Police. Don't make a move until you speak with Kurt!

Don't waste your time speaking to a robot, call the 5-Star criminal defense and injury lawyer that cares for you and your case. Call Kurt @ 615-479-0550 now!

Tennessee's Trusted Injury and Trial Lawyer - Nashville Criminal Defense and DUI Lawyer - former 101

$248M Additional Unclaimed Property Available from State:The Tennessee Department of Treasury is encouraging Tennesseans...
03/19/2026

$248M Additional Unclaimed Property Available from State:

The Tennessee Department of Treasury is encouraging Tennesseans to check ClaimItTN.gov for missing money after businesses and organizations across the state turned over an additional $248.6 million in unclaimed property since July 1, 2025. Each year, the Unclaimed Property Division mails tens of thousands of letters to individuals at the last-known addresses provided when businesses and organizations — unable to locate the rightful owners — report unclaimed funds to the state.

Funds can be from utility or healthcare refunds, uncashed paychecks, credit balances for overpayments, rental deposit refunds, gift certificates, securities and abandoned bank accounts. “I encourage all Tennesseans to search their names each year, even if you’ve checked before,” said State Treasurer David H. Lillard Jr.

07/06/2025

New Tennessee laws that are taking effect July 1, 2025:

Tennessee residents will see a wide range of new
laws take effect July 1 that cover public safety, youth
protections, health care, consumer rights and transportation, with several designed to address evolving concerns around substance abuse, road safety and emerging technologies.

Access to boating licenses:

With the Fourth of July and summer recreation season approaching, lawmakers have eased access to boating safety certifications through House Bill 530, sponsored by Rep. Rick Eldridge. The bill allows Tennesseans to take the mandatory boating safety exam online, removing the requirement to
test in person under the supervision of a proctor.
Supporters say the change will benefit rural residents and working adults who struggle to attend scheduled testing times. State law requires a boating safety certificate for anyone operating a motorboat or personal watercraft who was born after Jan. 1, 1989.

Alcohol overdose help:

House Bill 995, carried by Rep. Iris Rudder, expands Tennessee’s good Samaritan Law to include protections for people seeking emergency help during an alcohol overdose. The updated law offers legal immunity from certain alcohol-related misdemeanors – including underage drinking and public intoxication – for those who call 911 or assist someone in need.
The measure was inspired by a University of Tennessee alumna who lost her younger brother to an alcohol overdose after friends failed to call for help out of fear of legal repercussions. With
approximately 2,200 alcohol-related overdose deaths reported annually in the U.S., lawmakers hope the change will save lives, especially among young adults and college students.

Stricter DUI penalties:

Another safety-focused measure, House Bill 190 by Rep. Ron Gant, lowers the threshold for what qualifies as aggravated vehicular assault or homicide due to alcohol impairment. Under the new law, a blood alcohol content of 0.15% now meets the threshold, down from the previous 0.20%.
Aggravated vehicular homicide is a Class A felony, carrying a possible 60-year prison sentence. The bill’s sponsor, Rep. Gant, was critically injured in a crash involving a drunk driver in 2022.

Anniversary celebrations:

Looking ahead to America’s 250th anniversary in 2026, House Bill 327, sponsored by Rep. Gino Bulso, establishes three new monthly observances in Tennessee to honor the nation’s founding principles. Beginning in 2025, June will be designated “Celebration of Life” Month, July as “Celebration of Liberty” Month and August as “Pursuit of Happiness” Month.

Cracking down on crime:

A series of public safety bills were also passed in response to rising threats and social concerns.
House Bill 1314 makes it a felony to threaten mass violence if a reasonable person could believe the threat would lead to injury or death of four or more people. The law also criminalizes “doxing,” or the act of publishing someone’s personal information online with malicious intent.
Meanwhile, the PEACE Act (House Bill 55) strengthens hate crime provisions, including penalties for hate-based littering and trespassing.

Protecting children from drugs:

Lawmakers also focused on legislation aimed at keeping harmful substances away from children.
House Bill 72, sponsored by Rep. Dan Howell, imposes mandatory jail time and fines on anyone convicted of selling hemp-derived cannabinoid products – like THC gummies – to individuals under 21. The bill follows a report of over 250 children being treated for cannabis poisoning at East Tennessee Children’s Hospital in the past year.
In a similar move, House Bill 751 by Rep. Jeremy Faison increases penalties for exposing children to fentanyl, creating a felony offense for endangering a child in such a way. If the child is younger than 8 years old, the offense is upgraded to a Class B felony. Nationwide, fentanyl exposure among children under six has surged, with more than 500 cases reported in 2023.

Fighting human trafficking:

House Bill 322, introduced by Rep. Chris Todd, targets human smuggling by creating new felony classifications for individuals who knowingly transport, conceal, or harbor undocumented immigrants for financial gain. The law also elevates penalties when victims are minors and adds promoting minor prostitution to Tennessee’s list of trafficking offenses.
The legislation comes amid growing concerns about human trafficking and smuggling as multi-billion-dollar criminal enterprises that pose serious risks to vulnerable populations.

Tech exploitation protection:

Several laws also address crimes involving new and emerging technologies. House Bill 1299 by Rep. William Lamberth establishes a Class E felony for sharing or threatening to share AI-generated or digitally manipulated intimate images without consent. Victims may also sue for damages.

The Voyeurism Victims Act (House Bill 602, sponsored by Rep. Bob Freeman) updates the state’s unlawful photography statute. The law now includes unauthorized images that the offender knew would capture an unclothed intimate area of the victim or depict the victim engaged in s*xual activity. It also allows victims of such photography to seek an order of protection – further solidifying the state’s stance on digital and physical privacy violations.

House Bill 99 makes unlawful photography a felony in cases involving minors or repeat offenders.
Convicted individuals must register as s*x offenders under the updated law.

House Bill 1371, introduced by Rep. Jesse Chism, strengthens protections against image-based abuse. The law clarifies that it is unlawful to distribute private, intimate images of another
identifiable person with the intent to cause emotional distress – even if the distributor was not part of the original agreement to keep the images private. This expansion of the unlawful exposure
statute aims to close loopholes in existing law and better protect victims from online harassment and revenge p**n.

Consumer protection:

House Bill 141 seeks to protect Tennesseans from unfair billing practices when canceling cable, phone or internet service. Providers may no longer charge customers for an additional billing cycle if cancellation occurs during the first half of a billing period.

House Bill 216 allows for the immediate removal of squatters from commercial properties under certain conditions, expanding on an earlier law that streamlined evictions for homeowners.
Meanwhile, House Bill 804 regulates the labeling and sale of lab-grown or “cell-cultured” meat products. Such items cannot be marketed as “meat” and must adhere to labeling rules.
Manufacturers must obtain state permits and pay annual fees to remain in compliance.

Stronger v**e oversight:

House Bill 968, sponsored by Rep. David Hawk, establishes strict oversight of v***r product sales.
Manufacturers must register their products with the state, and only those listed in an official directory can be sold by retailers, distributors and wholesalers. The law aims to crack down on
unregulated or potentially harmful va**ng products.

Traffic, transportation laws:

House Bill 1025 suspends a juvenile’s driving privileges for one year if they’re found guilty of bullying or harassment, with a restricted license option for first-time offenders to commute to
school or work.

House Bill 302 increases penalties for blocking traffic, especially when such actions lead to
accidents.

Another measure, House Bill 816, eliminates the eight-point penalty for driving on a suspended license, which lawmakers say created a cycle of escalating consequences that prevented drivers from regaining their legal status.
To improve accessibility on the state’s highways, House Bill 60 requires signage for family restrooms at rest stops and welcome centers. These facilities benefit parents, elderly travelers and
individuals with disabilities.

Safety for rideshare users:

House Bill 786 makes it a criminal offense to falsely present oneself as a rideshare driver. If the impersonation occurs alongside another felony, the charge is elevated to a Class E felony.

First responder protections:

House Bill 310 expands workers’ compensation benefits for law enforcement officers and emergency responders diagnosed with PTSD, aligning their protections with those already granted
to firefighters under the James “Dustin” Samples Act.
House Bill 482 builds on the Barry Brady Act by adding prostate, breast and pancreatic cancers to the list of illnesses presumed to be caused by service in the fire profession, qualifying firefighters for coverage under workers’ comp.

Lastly, House Bill 111 enhances prenatal care by requiring hepatitis C testing during pregnancy to improve outcomes for both mothers and babies.

Digital proof of registration:

Under the Law Enforcement’s Safer Tennessee Electronic Registration Act (House Bill 537, sponsored by Rep. Karen Camper), Tennessee law enforcement officers will be required to accept digital vehicle registration documents as valid proof. The measure brings Tennessee in line with other states that already permit electronic formats for official documentation, offering drivers added convenience during traffic stops.

Conservatorship reform:

House Bill 634, sponsored by Rep. John Ray Clemmons, establishes a Conservatorship Management Task Force, which will be administratively attached to the Department of Disability
and Aging. The nine-member task force will meet quarterly to examine challenges related to conservatorship, including fraud prevention, public guardian capacity, data tracking and education.
It must submit annual reports and adhere to federal privacy regulations such as HIPAA.

Emergency school flexibility:

Responding to increasing weather volatility and other emergencies, House Bill 485, sponsored by Rep. G.A. Hardaway, authorizes local school districts and public charter schools to count up to four instructional days toward their required 180-day calendar using hybrid learning formats. This flexibility can be invoked in the event of dangerous weather or emergencies, subject to the decision of the district’s director of schools.

Wildlife violations penalties:

House Bill 24, sponsored by Rep. Caleb Hemmer, increases the penalty for removing wild animals, fish or wild fowl while trespassing. The offense now rises from a Class C to a Class B misdemeanor and raises the maximum fine.

Family therapist licensing:

Also sponsored by Rep. Hemmer, House Bill 959 updates professional terminology and supervision requirements in the field of marriage and family therapy. The term “temporary license” is now officially replaced with “associate license” for individuals who have completed all training and exams. Additionally, definitions of “approved supervisors” have been narrowed, which could impact who might oversee licensure hours for emerging therapists.

Seizure response training:

House Bill 506, introduced by Rep. Harold Love, Jr., mandates that each school under a local education agency or charter school jurisdiction must have at least one full-time employee trained annually in seizure safety and first aid. The move addresses growing concerns over student health emergencies and aims to equip staff with life-saving skills.

Nuisance property enforcement:

A major public safety measure, House Bill 1050, known as the Nuisances Caption Bill, seeks to crack down on properties associated with repeated criminal activity. The law enables swifter legal action against owners who fail to address such issues and establishes a threshold for what constitutes a “nuisance property.” While certain institutions like health care facilities and schools are exempt, the bill is intended to improve neighborhood safety and preserve property values
through more aggressive enforcement.

Insurance, annuity protections:

House Bill 1045, sponsored by Rep. Johnny Shaw, reaffirms that life insurance and annuity payments made for the benefit of a spouse, child or dependent are protected from creditor claims,
including garnishment and seizure. The new language makes clear that simply using exempt funds does not alter their protected status.

https://www.chattanoogan.com/2025/4/15/502236/Tennessee-Legislature-Passes.aspx?utm_campaign=criminal-justice-section&ut...
04/17/2025

https://www.chattanoogan.com/2025/4/15/502236/Tennessee-Legislature-Passes.aspx?utm_campaign=criminal-justice-section&utm_source=membercentralpublications&utm_medium=email&utm_content=april-17-2025

The Tennessee Legislature has approved a bipartisan bill (SB256/HB201) that will provide a path for wrongfully convicted people who have pled guilty to a crime they did not commit to file an innocence claim in court based on new non-scientific evidence of innocence. The bill reflects a compromise be...

04/15/2025

Be Aware - if you hire Bathfitters to do work and it is substandard, you WILL have to arbitrate even if the contract is defective.

Bigger isn’t always better, don’t be fooled by the hype!
02/28/2025

Bigger isn’t always better, don’t be fooled by the hype!

Three Morgan & Morgan PA attorneys were sanctioned by a federal court in Wyoming for filing a motion that contained eight AI-generated cites for cases that didn’t exist.

01/14/2025

MNPD and THP Sobriety Checkpoint Scheduled For Friday Night - January 14, 2025

MNPD officers will be joining Tennessee Highway Patrol troopers for a sobriety checkpoint late Friday night, January 17, on Antioch Pike near Cherokee Hills Drive. The checkpoint, staffed by grant funded overtime, is part of the MNPD’s enhanced traffic safety commitment in greater Nashville.

01/14/2025

Tennessee Joins Antitrust Suit Against RealPage:

From ABA-

Tennessee has joined a federal antitrust lawsuit against RealPage, a software company that helps its clients set apartment rental prices. The complaint, filed Friday on behalf of the federal government and seven states, accuses RealPage of hindering fair competition by providing a price-sharing software that suggests monthly rent prices to real estate companies based on vacancies and other participants’ rent charges. The lawsuit alleges that the company "subverts competition and the competitive process ... openly and directly." The company came under scrutiny in 2022 after ProPublica published an investigation featuring RealPage leadership boasting about rent increases in Nashville. In addition to fair market complaints from small landlords, renters’ rights groups have criticized the company for driving rental costs up amid a nationwide affordable housing crisis. Tennessee Attorney General Jonathan Skrmetti said in a press release Friday that his office has been looking into RealPage since 2023 and was “glad to be part of this bipartisan effort to protect consumers and hold RealPage accountable.”

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