The New Jersey Supreme Court has just issued an important ruling on drunk driving cases (DUI). The court held that the police must advise the defendant of the ramifications of the breath test in their native language.  So, if the police arrest a Hispanic defendant, they must give the instructions in Spanish.  Under Tennessee’s implied consent law, the police must give a warning if you refuse to consent to a breath or blood alcohol test.  Here’s a video  from Fox News on the subject.  Thanks to Tom Nelson for the heads up.

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 After leaving the Tennessee Supreme Court Building today , I tried  Suzy Wong’s House of Yum for the first time. I ordered off the lunch menu which was reasonably priced with Suzy’s Combo Box priced at  9 bucks. It included a spring roll , rice or lo mein , a choice of appetizers and an entree. First , I started with Asian Wonton Nachos Deluxe. it was an  Asian fusion nachos with edamame BBQ pork and several other treats. Tasty. The combo box was served in a cool plate which was broken up in segments for the portions. I had the spring roll , lo mein , pot stickers and peanut sauce chicken panang. Everything was great except the lo mein which tasted dry and maybe was leftover.

I enjoyed the meal . A lot of hipsters were there eating so the place had a great vibe. I know the restaurant has been on the scene for a awhile but it’s a great lunch place as well. 

 

In the July 2, 2010 Trial Tips Newsletter published by Elliott Wilcox, Mr. Wilcox discusses the importance of going to the crime scene.  From DUI cases to First Degree Murder cases, going to the scene gives you a real feel for the case.  Here are a few takeaways from the article;

  1. The attorney will give better opening statements.  You can see the scene in your mind.  It lets you bring the scene to life.
  2. The attorney will be able to give more detail during direct examination.
  3. The cross examination will be more detailed.

Here is a perfect example of the benefits of going to the crime scene for the criminal defense attorney and the client.  I went to the scene of a DUI case here in Nashville.  The grade of the pavement where the field sobriety tests were performed were on a 20 degree slope.  The police officer was trained to administer these tests on a level surface.  According to the National Highway Traffic and Safety Administration the sobriety tests can’t be reliable in these circumstances.  Result- The DUI charge was reduced.

For those of who are accused of a DUI in Nashville ,Tn. you will get a ton of letters offering to represent you.  At the client interview, if they do one, one question you should ask is do you go to the scene of the crime.

One last thing, I encourage all criminal defense attorneys to sign up for the free trial tips newsletter.  I have been reading them for over a year and I pick up something in every issue.

One word of warning. My law clerk was shot while working at the Davidson County Public Defender’s Office. Her advice is to take someone with you in certain parts of town .

  This year marks the Fiftieth Anniversary of " To Kill A Mockingbird" by Harper Lee.National Public Radio did a great  interview recently. I just bought the Fiftieth Anniversary edition and plan to start reading it this weekend.

I am interested in what is your favorite scene or quote from the book. Please post your response in the comment section if you wish.

I wish you peace this weekend.

According to the Tennessee Wildlife resource agency , TWRA boating officers made 28 boating under the influence arrests during the period with almost one third (nine) coming from Old Hickory Lake. Kentucky Lake was a distant second with three arrests, with Watts Bar, Boone, Ft. Loudoun, and Watauga lakes all having two arrests each.

One key fact you need to know , refusal of a breath or blood alcohol test only effects your boating license not your Tennessee driver’s license. You can refuse a  breath or blood alcohol test in a boating under the influence case.

Reminder, please obey the no wake zones around the marina’s.There might be someone watching. Hanging around Percy Priest’s Lake Elm Hill  Marina  at the end of the day is like Nashville’s DUI officers on West End Avenue.

The Indystar reported about some potential problems in the bid process for the new breath test machines.It appears there may be some irregularities in the bid process. Supposedly , one of the competing companies only had one day to submit a bid proposal for a breath test machine.

Ryser, vice president of Draeger Safety Diagnostics, had been to Indianapolis three times to demonstrate his breath-alcohol testing product. But with just one day to bid, he recalled telling his colleagues, "Something is not good — and not right."

Intoximeters of St Louis , Mo. won the bid. Intoximeters will now provide the breath alcohol machines state wide in Indiana. Take a wild guess who sells breath test machines to the State of Tennessee ?

Here’s one other interesting tidbit. it appears the breath test machines diminish over time.Most Tennessee breath test machines have been in the field for years. Read this quote from the folks at Intoximeters.

There is another concern: The machines’ effectiveness can dwindle when they’re not being used.

Said Rankine Forrester, CEO of Intoximeters: "To say time has no effect would be disingenuous."

I guess the breath test machines aren’t infallible according to Mr. Forrester.

 

 On this holiday weekend , the Tennessee Highway Patrol will be out in force to arrest those that are suspected of drunk driving. Here is a link to the Tennessee Highway Patrol announcement of times and locations of DUI checkpoints or roadblocks. In the Nashville district , the Highway Patrol will be conducting roadblocks in Davidson , Rutherford , Dickson , Cheatham and Sumner Counties.

You might be thinking why am I posting the location and times of the DUI roadblocks. It is required under Tennessee laws , if they aren’t posted and published in local newspapers the roadblock may constitute a illegal traffic stop.

Remember:

  1. Please drink responsibly.
  2. Use a designated driver.
  3. Take a cab.

Have a happy and safe Fourth of July.

 

   The U.S. Coast Guard and the Tennessee Wildlife Resource Agency arrested 27 people for boating under the influence across the state of Tennessee last weekend during Operation Dry Water campaign.  The Tennessee Wildlife Resource Agency will be out in force this Fourth of July weekend.  Most of the officers will conduct safety checks and then look for signs of intoxication.  Here are a few safety tips for this weekend:

  1. Make sure you have enough life jackets for everyone on board.
  2. Make sure you have a fire extinguisher
  3. Finally, drink responsibility.

Have a happy and safe Fourth of July.

https://youtube.com/watch?v=CrdGmB9z0Sk%26hl%3Den_US%26fs%3D1

On January 1 , 2011 , new DUI laws will go into effect in Tennessee that mandate the ignition interlock devices. These devices may be required to be installed in cars of those convicted of DUI. Here’s a short video of a lady that had her child blow into the interlock device.The interlock device is like a breath test machine , but you can’t start your car until you blow into the machine. Here’s the story on some of the potential issues with the device.