Edward Stephen Ryan's Answers

When stopped for a DUI if suspect requests a blood test can the police refuse and require a breathalyzer instead?

In TN it is the officers discretion which test he offers breath or blood. However if you take the breath test the police must take you to the hospital for an independant blood test at your expense.

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I want to know why I still have to go see a probation officer while on unsupervised

Pursant to the TN statue if found guilty of a DUI then the probtion must be supervised. Even though alll conditions are met with your probation you are still under the supervisin of the court until the end of the 11 month and 29 days. A probation officer wuld have the authority to continue monitoring you.

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How can I get a license in the State of Tennessee?

Unfortunatley you are not in a unique position. There are several states thea put lifetime suspensions on license. Tennessee will not grant you a license as long as the hold is still in FL. I would talk to a Florida attorney that works with the license agency to see what remedy you have. Once the hold in FL is off you would be eligible in TN.

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Do I need a criminal defense lawyer?

Yes retaining an attorney is key, prefferably one that knows the court, judge, DA and Probation officer. The key is to have a plan that can be presented to the court to ensure future compliance with probation. Knowng the situation for the missing in probation is important as is clar remorse to the court.

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Is my son eligible for Pretrial diversion first offense as an adult even though he had PTD as a minor?

Yes your son would be for diversion as an adult assuming he has no other convictions as an adult. Some jurisdictions will do either a retirement or and under advisement plea. meaning if you fullfill certain requirements community service work or a class the case can be dismissed and you do not use up your diversion eligibility.

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Missed court date

There is good case law in TN if you are incarcerated and miss a court date you cannot be charged with failure to appear. If you have counsel make sure they get the jail records if you do not then get them ASAP so there is no problem later. With the jail record a set aside should be filed to ensure you are in compliance with the court.

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Is it Simple Assault or Domestic if the victim in question was already my ex (not current)girlfriend at the time it occurred?

The detrmining factor for a domestic assault is if you are in a relationship or have been in a relationship so her being your ex it would be domestic assault. It is not unusual for the DA to amend the warant to go after a tougher charge although you can object by not being put on notice. There is a beig distinction between Domestic assault and simple assuault. DV is tougher with more stringent anger classes but the biggest is you may never own or possess a firearm for the rest of your life with...

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Can the tn board of nusing use a guilty plea entered into for the purposes of judicial diversion against the nurse

Unfortunatley the answer is not clear. The person has in fact entered a guilty plea although under a special type probation. The plea is there until the matter is completed so the board could try to use that conviction. Cleearly after successful completion of the probation and expungment the person is made whole an it could not be used. An attorney that does more administrative hearing and employment law would need to advise on the civil issue.

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Was sentenced 45 days for 2nd dui in 2005 and had flight back to show up,it was cancelled. How much extra time,turning self in.

In Williamson county your failure to report for your jail time will most likely result in two additional charges a Failure to appear and a probation violation. I am not clear by your question if you completed all other aspects of probation. That could result in the entire 11 month and 29 day sentence put in effect along with the chance for the FTA with jail time. The best way to resolve is to turne your self in serve the 45 days and try to negotiate an agreement for being back pn probation.

If I don't attend an arraignment hearing due to being in a medical facility, will they hold this against me?

Most jurisdiction will be sympathatic to this but a leeter from the medical facility is required. If you have an attorney they can hendle that if not ensure you get notice to the clerk of the court and the DA.