I have been handling driving under the influence of ambien cases for awhile. The warnings were out there but it was sometimes hard to convince a Assistant District Attorney much less a jury of the effects of ambien. Most people can’t grasp that someone can sleep drive unless it has happened to them.Now there
The U.S.Supreme Court heard a important case for all those that practice DUI defense. A blood alcohol case was on the docket today. The issue is whether the police can avoid the search warrant requirement in seizing a blood alcohol sample. Lyle Denniston wrote a recap on the oral argument on the SCOTUS Blog .
It was
A friend of mine forwarded the DUI sobriety checkpoints for Williamson County for this holiday season. Don’t worry. The police are supposed to publish the checkpoint locations and times. Here is the schedule ;
In almost every DUI arrest warrant that I review , there is a common denominator. The defendant has red , bloodshot , and glassy eyes. Alcohol is not the only cause for red bloodshot and watery eyes. Here is a complete list ;<!–
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Should everyone in America blow in a breath test machine before they start their car ? That is exactly what Newsday is proposing in an editorial in reaction to a police officer’s tragic death. Officer Joseph Oliveri was responding to a car accident in which James Ryan hit some cars. It is alleged that Mr.
The U.S. Supreme Court agreed to hear a case on whether the police can seize a blood sample of an accused DUI driver based upon exigent circumstances. In Missouri v McNeeley , a police officer took an accused’s blood sample without a search warrant. The government’s theory was there was an exigent circumstances for the
My last post was about a DUI checkpoint that was posted on the Metro Nashville Police Department’s Facebook page. So , I thought I would post this video on your rights at a DUI checkpoint in Nashville.
Here is the celebrity DUI mugshot of Randy Travis. Remember , he is presumed innocent of all charges.
Thanks to our superb receptionist Amber , she gave me the heads up on a news flash in DUI enforcement in Nashville over the Fourth of July holiday. Tennessee has adopted a no refusal holiday in drunk driving cases in several Tennessee counties including Maury and Davidson Counties. The concept of a no refusal weekend is have the police obtain a search warrant in all driving under the influence (DUI) cases. In Tennessee , an accused has a right to refuse a breath or blood alcohol test if suspected or drunk driving. Once a citizen is arrested for DUI and refuses , the police would get a search warrant to take a blood sample.
Here is the possible scenario. DUI roadblock is set up. A citizen gets stopped at a DUI roadblock and the officers smell alcohol. Field Sobriety Tests are conducted and a DUI arrest is made. A refusal to submit to a breath or blood test is made.It is refused. A judge would be close by or available to review a search warrant and issue the search warrant. The blood is then taken over the accused’s consent.Continue Reading Tennessee Adpots No Refusal Fourth of July
Ryan Braun’s drug test case is back in the news. As I was watching ESPN during lunch today , it was reported that Major League Baseball fired the arbitrator in the Braun drug testing case. I wish that I could do that in my cases . I don’t like the judge’s ruling. A couple of months