Year: 2012
Tennessee Police Start Enforcing “No Refusal” Law
Police began implementing a new impaired driving law over the holiday weekend. If a person is arrested for driving under the influence, the “No Refusal” law now permits police to obtain a search warrant for a blood sample upon showing probable cause. It is important to note law enforcement officers are still required to follow
Preliminary Hearing Not Important?
In previous articles, Summers and Wyatt have emphasized the absolute requirement of not waiving a preliminary hearing in General Sessions Court except in the most extraordinary circumstances. This is often inconvenient for the attorneys because the prosecutors usually try to get rid of all other cases before they have a hearing. For this reason, many
Advocates Call for Rehabilitation for Tennessee DUI Offenders
When a person is convicted of a crime some people feel the focus should be on punishing that person through fines and jail time. While sometimes this may be appropriate, many times treatment and rehabilitation are needed to get at the root cause of the problem, particularly with drug and alcohol offenses. With regard to DUI
Distracted Driving: Widespread Problem in Tennessee and Nationwide
The issue of distracted driving has been gaining a lot of attention recently. Despite increased awareness, however, numerous drivers continue to engage in this dangerous behavior. This has prompted actions by lawmakers and federal officials. Earlier this month Ray LaHood, the U.S. Transportation Secretary, released a proposal for addressing the problem of drivers using cell
Sixth Circuit Court of Appeals Rules in Favor of Woman Falsely Arrested for DUI
Last week, a three-judge panel of the Sixth Circuit U.S. Court of Appeals overturned a district court decision granting an Ohio State Highway Patrol trooper immunity for his actions pertaining to a DUI arrest. The actions of the trooper resulted in a woman, with no drugs or alcohol in her system, being falsely arrested and
Determining Blood Alcohol Content: There Is No App for That
These days there is a phone app for just about everything. This includes some that supposedly determine if you have consumed too much alcohol to legally drive. A Connecticut woman was recently arrested for driving under the influence, despite her iPhone breathalyzer app showing she was safe to drive. The woman was allegedly shocked that
The Costs of DUI Enforcement in Tennessee
Tennessee utilizes a variety of resources in the state’s DUI enforcement campaigns. These include running DUI checkpoints and ad campaigns, using additional law enforcement personnel and DUI prosecutors, and using technologies like breath machines. The costs of equipment, employee overtime and other expenses can become quite significant. For instance, the statewide checkpoints on May 31st cost Tennessee
Tennessee DUI Checkpoints Being Used for Research
Yesterday, Tennessee law enforcement held police checkpoints across the state. The DUI checkpoints were not targeted at enforcement, but were mainly being used for research. The Tennessee Department of Safety wanted to see if its awareness campaign, aimed at reducing motor vehicle accidents, has had any impact on the state’s drivers. The Tennessee Department of
New Law Allows for Tennessee Convictions to Be Expunged
A Tennessee law going into effect on July 1st will give many people the opportunity for a fresh start. The law gives those convicted of certain low level crimes the opportunity to get their criminal records expunged, and allows for the removal of those convictions from the public record. Senator Reginald Tate and Representative Karen Camper
Motorcycle Awareness Month in Tennessee
With summer just around the corner more motorcyclists will soon be hitting the road. May is designated as motorcycle awareness month, and the Tennessee Highway Patrol (THP) and Tennessee Department of Safety and Homeland Security are encouraging drivers to be conscious of motorcycle riders on the road, and motorcycle riders to drive safely. It is