The U.S. Supreme Court recently agreed to hear three cases which are consolidated for a single argument. The critical issue is whether a state can make it a crime for citizens suspected of driving under the influence (DUI) to refuse a breath or blood tests. The cases are from Minnesota and North Dakota The North Dakota law
Does Nashville’s Crime Lab Create a Conflict of Interest ?
Metro Nashville Police Department lobbied for it’s own crime lab. Supported by former Mayor Karl Dean, it was funded. Now blood alcohol reports are being generated by the lab. The key question is whether having a forensic crime lab run by the same folks who are prosecuting the crime create an inherent conflict of interest. Secondly
The Rise of the Blood Alcohol Search Warrant in Tennessee
The Tennessee State Legislature pasted a DUI law several years ago that authorized a mandatory blood draw in multiple DUI prosecutions, accidents involving serious bodily injuries, and if a minor child was a passenger in a car driven by a DUI driver. There were constitutional issues raised on a seizure of a person’s blood without
Two DUI Cases Pending at The Tennessee Supreme Court
Currently, there are three driving under the influence (DUI) cases pending at the Tennessee Supreme Court. Two cases have similar issues and one may have the Court adopt the good faith exception. Here is my take on the two traffic stop cases.
In State v. Linzey Smith and State v. William Davis Jr. both address
Continuing Legal Education for DUI Lawyers
Last week , I was returning from Chicago where I gave a presentation to the folks that attended the DUIDLA summer session. Here is a short listing of some of the topics that were presented.
- Cross-examination
- Canadian Travel When One has A DUI Conviction
- FAA Reporting and Pilot Medical Clearance Issues
- Crime Lab Discovery
- Blood Alcohol Defenses
- Challenging Breath
Williamson County Practice Update
This post is a practice update from Williamson County , Tennessee . It appears the courts may not accept plea bargains in cases involving periodic confinement. Periodic confinement is simply allowing a defendant to serve their jail sentence over a period of time rather than to serve the sentence straight. Periodic confinement is authorized by statute
Stuff Your DUI Lawyer Should Know
I enjoy helping other lawyers in their DUI cases. DUI defense is a complex area . The law changes constantly. I remember when I started and the help that I received. A DUI lawyer should know some basic stuff.
One thing a DUI lawyer should know is what the per se limit of the blood alcohol
Fair DUI Flyer and Tennessee DUI Roadblocks
The Fair DUI Flyer created quite a stir recently. A copy of the image is at the top of the post. Recently , someone used the flyer and entered a DUI checkpoint using the information in the flyer. The basic concept is that you put your driver’s license in a bag and stick it on the
Oklahoma May Move Closer To Prohibition
I planned to follow up to yesterday’s post on defending non-citizens. However , I read about a proposed law in Oklahoma that made me change my mind. An Oklahoma senator has proposed a bill to prohibit those convicted of driving under the influence (DUI) from buying alcohol. Citizens convicted of DUI would be issued a
Report a Impaired Driver Get a Hundred Bucks
Another sign that America is turning into a police state .Since 2001 , Palm Beach County , Florida has had in place a Mobile Eyes program . The basic concept is a person can report a drunk or impaired driver by calling 911 . If a DUI arrest is made , the person that makes the call