I ran across " The Right to Present a Defense" by Mark Mahoney. You can download the article on the link. It’s a great resource for criminal defense lawyers in Tennessee. Thanks to the law criminal defense of  for the tip.

 I thought the book cover of " To Kill a Mockingbird" was a great image in the right to present a defense post.

  Is the breath test machine reliable in Nashville driving under the influence (DUI) cases ? Let’s ask the folks in Washington D.C. The Washington Post reported that over 400 DUI convictions were based upon inaccurate results.The Post reported that  someone improperly set the baseline alcohol concentration levels on the breath test machine.Is there problems happening in Nashville DUI cases  ?

The answer is unclear due to the following reasons :

  1. The breath test machine is calibrated once every 90 days.
  2. It is calibrated only once at that test.
  3. There is not a duplicate test.
  4. Criminal defense attorneys have not been allowed access to the computer software that controls the breath alcohol test machine. 
  5. There is no duplicate testing of the breath test results as suggested by the National Safety Council.

So, the answer is who knows.However there are a bunch of people who were falsely convicted of driving under the influence (DUI) in Washington D.C. that don’t think so.

 

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

In this post , i continue to discuss the Metro Nashville Police Department’s DUI testing report. The first field sobriety test given is usually the horizontal gaze nystagmus test. Laboratory research by the Southern California Research Institute indicates the HGN test is 77 % accurate according to the 2006 NHTSA manual in determining blood alcohol levels over .010. There has been no peer review of these studies that I have read.

 Under current Tennessee case law , the horizontal gaze nystagmus test  (HGN) is inadmissible . In State of Tennessee v. Murphy , The Tennessee Supreme Court excluded the HGN test  as evidence in DUI trials.

Music lovers from across the nation will be coming to Manchester , Tennessee for the Bonnaroo Music Festival which kicks off this Thursday.Lynn Edwards of Nashville’s Metro Mix wrote an excellent  Bonnaroo Survival Guide which includes tips on Bonnaroo. However , Bonnaroo also brings out law enforcement from the Tennessee Highway Patrol to local police.Here’s my Bonnaroo criminal survival guide:

  • Obey all speed limits and traffic laws;
  • Keep handy all driver’s license information as well as insurance and registration papers;
  • Take off any suspect bumper stickers and decals :
  • Don’t drink and drive;
  • Don’t consent to any searches of your person or your vehicle;
  • Don’t make any statements to law enforcement officers;
  • If stopped by the  police be nice , respectful , and courteous , you can’t win by arguing with the police on the street;

Be safe and have a safe trip to Tennessee.

 

https://youtube.com/watch?v=uLi4ScNyUqQ%26hl%3Den_US%26fs%3D1%26

The video in this post is addressing the "exit sequence" component of a DUI or drunk driving investigation.The police officer is looking for evidence of impairment as a driver steps and walks from the car. According to the National Highway Traffic  Safety Administration , the police will be looking for the following clues.

  • Cannot open door ;
  • Leans or braces against vehicle ;
  • falls out of vehicle
  • stumbles getting out ;

How you get out of the car is also great evidence to prove you weren’t impaired.

 

 

One of the most basic police techniques is the photo line up.However , the photo line up can be unfair and biased. New York has established a set of guidelines for the use of the photo line up.You can read the guidelineshere..Thanks to The Crime Report for the information. New York has implemented these guidelines in order to avoid false identification in criminal cases.

https://youtube.com/watch?v=Kvw7BonehPI%26hl%3Den_US%26fs%3D1%26

The Metro Nashville Davidson County Police Department has created a DUI testing report.The video in this segment is a discussion on the observation of the suspect. .One key component of the case is the personal contact between the accused and the police officer. The police officer may be looking for evidence that you are intoxicated. Some of what they are looking for are :

  • bloodshot eyes ;
  • soiled clothing ;
  • watery eyes :
  • open containers of alcohol ;
  • slurred speech ;
  • walk ;
  • mental state ;

These are just some examples that the police are looking for in their DUI / DWI investigation.

 

https://youtube.com/watch?v=gIRCL0X2dis%26hl%3Den_US%26fs%3D1%26

After the police turn on the blue lights to stop you, one clue they look for is your response to emergency equipment. A DUI investigation is usually broken down into three parts based on the National Highway Traffic  Safety Administration manual on DUI or DWI detection. One of those steps is the vehicle in motion phase. In a prior post , I discussed the traffic stop.The stopping sequence is the next portion of driving that the police are observing.According to the NHSTA manual , an impaired driver may exhibit additional clues as to impairment after an order to stop is given.These clues or cues may include the following:

  • An attempt to flee ;
  • No response ;
  • An attempt to evade arrest;
  • Slow response ;
  • Sudden stop ;
  • Striking the curb o another object ;

The blue lights , siren , or emergency equipment creates conditions for a driver to divert his or her  attention to the roadway.An impaired driver may not be able to handle multiple tasks and additional evidence of impairment may appear.

Please watch the video and if you have any questions please feel free to contact me.

https://youtube.com/watch?v=-_-v98FIVw8%26hl%3Den_US%26fs%3D1%26

A police officer must have probable cause to make a traffic stop in an DUI investigation.  In Metro Nashville Davidson County’s DUI testing report commonly referred to as a 132 report it lists several reasons for a traffic stop.They are:

  • Crossing center dividing line
  • Failure to obey traffic signals
  • Swerving within the roadway
  • equipment violations such as driving without headlights
  • Speeding
  • Vehicle driving off roadway

The reason for the traffic stop is the first thing an experienced DUI lawyer investigates.