Nashville Criminal Law Report : Nashville DUI Lawyer & Attorney : Rob McKinney Law Firm : TN Criminal Defense, Domestic Violence : Cheatham, Davidson, Montgomery Counties

The Cheatham County Commission recently approved Sheriff Holder's request to hire a new police officer to patrol Interstate 40 in search for drug traffickers. The officer will work in conjunction with the Drug Interdiction Crime Enforcement (DICE) unit . The drug interdiction unit is made up of officers from the Dickson County Sheriff''s Office and  Humphrey's County Sheriff's Office. As part of the deal , all the agencies will share in the amount of confiscated funds or property.

My concern about drug interdiction units is it's all about the money.It is like the phrase from the movie ' Jerry Maguire ' " Show me the money ".

Drug Interdiction units are about seizing money . Who suffers ? Drug dealers suffer if their caught. However , traffic stops are focused on cars from Texas or suspicious looking people by that  I mean blacks and Hispanics . The war on drugs has been a dismal failure since being declared by President Nixon. Now , average citizens pay the price by bending our constitutional protection against unreasonable search and seizures.

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One of the most basic ethical rules for lawyers is the attorney client privilege . It can not be violated by a any lawyer . Yet , the U.S. Attorney's  in Nashville  office broke that rule while prosecuting a sex trafficking ring . It appears the U.S. Attorney's Office  intercepted over 300 private phone calls from inmates or those accused of a crime to their criminal defense attorney.

One tactic that prosecutors both in federal court and state court here in Nashville love to use is to listen in on calls from jail. They are hoping to get more evidence or catch some confessing to the crime .Note to those that might end in in jail or their families . Don't discuss your case on a jailhouse telephone

Judge William Haynes ruled that the jail's recording of attorney-inmate calls is "a serious threat to constitutional rights". U.S. Attorneys had turned over 300 client telephone calls of criminal defense attorney Patrick Frogge.

The Davidson County Sheriff's Office did not comment on the court's order or their phone recording policy .

The court found that since the sheriff''s office has a policy of blocking some telephone calls from being recorded or listened in on if they knew the the phone number belonged to an attorney .

U.S. Attorney has not commented yet if his office intends to appeal Judge Haynes' decision.

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I got a call today about a DUI case in Maury County Tennessee. I take tough DUI cases in most Tennessee counties.However , the question was did I know everybody like the clerk , the assistant district attorney , or the court personnel.Since  I don't have cases there on a routine basis , the answer was no.So , do you need to hire a good ole boy to avoid a DUI conviction ?

DUI defense is getting tougher each year in Tennessee.Just look at the new four laws that will be going into effect in 2011 . The good ole boy defense is my client is a good guy or gal. Never been in trouble and needs a break. Everyone of my clients is a good person , but how does that convince an assistant district attorney to reduce a  DUI charge. It doesn't. Most jurisdictions in Tennessee are cracking the whip on DUI prosecutions with some having a no reduction policy Like Dickson County and Cheatham county.

You defend the cases by knowing the  search and seizure law , the science of  blood or breath alcohol testing , the workings of field sobriety tests and an aggressive motion practice. if it's a blood test ask the good ole boy about head space gas chromatography testing.

Gone are the days of 'My client is a great guy " . That defense was gone when Andy left Mayberry.

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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 little alcohol and talking on the cell phone and it equals some back driving.  Bad driving results in a traffic stop which might lead you to a jail cell. Here is a short list of Rob McKinney's tips on cell phone usage after a drink;

• Turn your cell phone off while driving.
• Don't answer if it is on.
• Lock it in your trunk so you won't be tempted.  (This is my favorite).
• Never text while driving.  It's against Tennessee law anyway and could lead to a traffic stop on this use alone.

As always, please drink responsibly.

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Criminal records are public record, and now thanks to the Davidson County Criminal Court Clerk it’s a little easier for residents to check up on their neighbors. Their website features an interactive map providing arrest details for all crimes that have occurred in the last seven days. You can check it out here ; http://ccc.nashville.gov/portal/page/portal/ccc/crimeMap/  The map is searchable by zip code and provides arrest data by the address of the defendant, so you can check up on your neighbors without having to peek through the blinds. Once you’ve chosen someone on the map to get more information on, you can click on their name to get details of the alleged crime, including a copy of the warrant, their bond amount, court dates, attorneys name, along with their entire arrest history in Davidson County.  

A quick, unscientific review seems to show that most alleged crimes are not occurring at the address of the defendant. This leads one to wonder if it may have been more practical to provide the data by the address where the alleged crime actually occurred. TheTennessean online provides a searchable database of reports made to Metro Police all the way back to November 2007. There, you can get a list of calls dispatched within up to a five mile radius of an address in any given date range. The log doesn’t provide names though, only the type of call, date, and address. 

According to Nielsen Online, approximately 75% of North Americans have internet service and usage has grown by 140% over the last decade. The internet provides a wealth of information at our fingertips. And now, calling the police or getting arrested in Nashville gives the entire community a chance to be Big Brother. 

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