August 2013

Four former Vanderbilt football players were indicted for five counts of aggravated rape and two counts of aggravated sexual battery by a Davidson County Tennessee Grand Jury. Aggravated Rape is a Class A felony in Tennessee which carries punishment in the range on 15 to 25 years in prison. The definition of aggravated rape in Tennessee

When I first read that the Tennessee State Legislature was going to require all of those convicted of first offense DUI in Tennessee to have an ignition interlock device, I thought the lobbyists for the ignition interlock companies were simply hard at work. Once the bill went into effect, I was pleased to read that those eligible for a restricted driver’s license had been expanded. I thought everyone practicing DUI defense was aware of the new law. However, it was not until I went to court and talked to several lawyers who did not know those with multiple offense DUI convictions are eligible for a restricted license.

Tennessee Code Annotated 55-10-409 was amended and went into effect on July 1,2013. The new law made all DUI offenders eligible for a restricted driver’s license with the installation of a ignition interlock device. It also allows those convicted of DUI second offense or greater to apply for a restricted license. Here is the catch~~You must have the device installed for the life of the license revocation. For example, if your license is revoked for a third offense conviction and as a result your license is spended for six years, you could be eligible for a restricted license as long as you have the device installed. 

There are some exceptions to this amended law. A conviction for vehicular assault by intoxication, vehicular homicide by intoxication, aggravated vehicular homicide or similar offense in another state precludes one from obtaining a restricted driver’s license. One other big exception is if another person is "seriously injured or killed" in the "course of conduct that resulted in" the driver’s conviction for DUI.Continue Reading Tennessee DUI Law Alert

Walter Roche wrote a nice article in the Tennessean yesterday on the new bail bond law. The first version of the bill limited the bail bond company’s exposure to one year on a misdemeanor and two years on a felony. If the case was not concluded , the accused had to make a new bond. Now, most folks think one year is enough time to settle a case. However , blood tests for drugged driving cases take up to forty weeks and sometimes longer to get a result. The bill that was passed let a bail bond company off the hook once a defendant pleaded guilty .The effect is that a person has to make a new bond or go to jail until the sentencing hearing. Folks that made a bond before the law went into effect probably were not told what would happen.

I am proud that the Davidson County Criminal Court Judges stepped up to the plate to create some fairness in the system.The court order requires the bail bondsmen to notify their clients if they intend to go off a person’s bond at plea. I should also state that most bail bond companies in Nashville are remaining on the bail bond after plea. I do understand the bail bondsmen position.Maybe a little communication is in order . My proposal is just to notify the bail bondsmen or bonds women that a plea was entered and a sentencing date is set. For those not in the criminal justice system , a plea of guilty to certain crimes carries a automatic revocation of bond like rape. Most folks at a sentencing hearing are eligible for some type of alternative sentencing.Continue Reading New Tennessee Bail Bond Law Creates Chaos