May 2010

  The Scram device has been in the news since Lindsay Lohan was ordered by a judge to wear one.  I thought a little information on how the machine works might be helpful.  Here is a brief summary of how the machine works from the website of the Scramx :

  • Transdermal technologySCRAMx

 I thought I would show everyone one what a SCRAM device looks like on Lindsay Lohan.  Ms. Lohan was ordered to wear a Scram device when she failed to show up to court in California.  I expect the SCRAM device to be used more often in Tennessee DUI cases by the courts.  It works much like

Phil Williams of Nashville’s News Channel Five television station exposed the DUI arrest quotas of the Nashville DUI Enforcement Unit. The Metro Nashville DUI Enforcement Unit is responsible for the DUI unit, as well as the police officers that are assigned to the Governor’s Highway Traffic Safety Grant. The grant pays police overtime to work these special DUI

California DUI attorney Lawrence Taylor  just posted an article on the future of DUI prosecutions.  The blog post was premised on a speech that he presented several years ago.  In Tennessee DUI cases, the severity of the prosecution is completely different in a drunk driving case verses another type of criminal case.  One does not

My DUI prevention tip of the day was inspired by a new case I am handling. The tip of the day is to avoid using your cell phone while driving after having a beer.  The National Highway and Traffic Safety Administration has produced numerous studies on cell phone usage and it’s impact on driving.  Combine a

There is an attack on our constitutional rights as it relates to DUI cases continue in Tennessee.   A new law goes in effect on January 1, 2011 which creates a host of issues.  Here’s the new law ;

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

SECTION 1. Tennessee Code Annotated, Section

The answer to that DUI question is yes in Tennessee.  In Minnesota, Daryl Fleck was convicted of DUI when the car wouldn’t even start.  Mr Fleck took his case all the way to the Minnesota Supreme Court which upheld his DUI conviction.

The theory of law where you can be convicted of DUI when parked

Daniel Soto, a Ridgeland, MS police officer, left his job under a cloud of perjury allegations.  It appears Mr. Soto was a aggressive police officer who made a lot of DUI arrests.  After the complaints surfaced, news reports indicated he did not show up in court and left for Tennessee.  The DUI cases in Mississippi which were the

   Until 1992, The State of Tennessee had to present expert testimony as the the results of a breath alcohol test in a Tennessee DUI case.  In State of Tennessee v. Sensing 843 S.W. 2d. 412 ( Tenn.1992), The Tennessee Supreme Court relaxed the admissibility requirements of a breath test machine.  Instead of requiring expert

   In Tennessee Criminal courtrooms, probation violation hearings are sometimes difficult to win.  However, I ran across some good case law to help win these cases.

Often, a probation violation warrant is taken out due to a new criminal charge.  In State of Tennessee v. James Butler, the Court of Criminal Appeals of Tennessee  held that