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
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
Buzzed Driving Does Not Equal Drunk Driving
As I was driving home from Memphis this past weekend , I heard quite a few radio spots . The theme of the ads was that " Buzzed Driving Equals Drunk Driving ". The ads are part of a campaign by the Tennessee Governor’s Highway Safety Office (GHSO) . The ads are designed to increase
The Erosion of The Fourth Amendment Continues
The erosion of the Fourth Amendment is continuing at a rapid pace. I don’t know which will happen first.The disappearance of the Fourth Amendment or the melting of the North Pole. The U.S. Supreme Court dealt another body blow to the Fourth Amendment in Navarette v California . In Navarette , The Supreme Court of
Alcohol Treatment and Tennessee’s Drunk Driving Laws
What should be the goals of Tennessee’s drunk driving laws? Punishment? Toughness? Rehabilitation? DUI laws are a political football in Tennessee. The Tennessee Legislature creates some new DUI law every term from mandatory ignition interlock to increased punishment. But what are the goals? Should our government encourage people charged with a crime to get help? Here
Tennessee DUI Law Alert
When I first read that the Tennessee State Legislature was going to require all of those convicted of first offense DUI in Tennessee to have an ignition interlock device, I thought the lobbyists for the ignition interlock companies were simply hard at work. Once the bill went into effect, I was pleased to read that those eligible for a restricted driver’s license had been expanded. I thought everyone practicing DUI defense was aware of the new law. However, it was not until I went to court and talked to several lawyers who did not know those with multiple offense DUI convictions are eligible for a restricted license.
Tennessee Code Annotated 55-10-409 was amended and went into effect on July 1,2013. The new law made all DUI offenders eligible for a restricted driver’s license with the installation of a ignition interlock device. It also allows those convicted of DUI second offense or greater to apply for a restricted license. Here is the catch~~You must have the device installed for the life of the license revocation. For example, if your license is revoked for a third offense conviction and as a result your license is spended for six years, you could be eligible for a restricted license as long as you have the device installed.
There are some exceptions to this amended law. A conviction for vehicular assault by intoxication, vehicular homicide by intoxication, aggravated vehicular homicide or similar offense in another state precludes one from obtaining a restricted driver’s license. One other big exception is if another person is "seriously injured or killed" in the "course of conduct that resulted in" the driver’s conviction for DUI.Continue Reading Tennessee DUI Law Alert
Tennessee DUI Case Dismissed Due to Illegal Traffic Stop
Once you see blue lights on a police car come on , you know someone is in trouble. The Tennessee Court of Criminal appeals reversed a lower court and dismissed a DUI conviction based on a illegal traffic stop. The court held that once the blue lights come on the driver is seized for Fourth Amendment