Month: September 2013
Tennessee woman arrested for second drunk driving offense
The mistake of driving under the influence is one that an unfortunate number of Tennessee residents make. Some become part of such a situation one time and learn from their choices, while others may face multiple drunk driving charges before understanding the seriousness of their decision to drink and drive. More severe punishment also comes with repeat
Smell of Alcohol is Reasonable Suspicion for DUI Investigation
Reasonable suspicion of criminal activity is generally necessary for a police officer to use authority to compel a warrantless stop or detention of an individual. In the recent Tennessee case of State v Wessels, M2012-01969-CCA-R3-CD (Tenn.Crim.App. 9-20-2013), the Court of Criminal Appeals concluded that a police officer who claimed to smell alcohol on a driver had reasonable
Drunk driving charge brought against man after 2-car collision
Although a person may be driving under the influence that does not necessarily mean that the violator is responsible for a car accident that may have occurred. On Sept. 19 the Tennessee Highway Patrol arrested a 19-year-old man for drunk driving and underage consumption. They had been called to an accident at the intersection of Lafayette Road
Post-Conviction Limitations Not Tolled by Lack of Knowledge
There is a one year statute of limitations in Tennessee for filing a petition for post-conviction relief (challenging the constitutionality of the underlying conviction) from a final judgment in a criminal case. There are statutory and due process exceptions to strict application of the limitations period in cases where circumstances beyond a petitioner’s control prevented
Tennessee police arrest woman for drunk driving
A 28-year-old woman is facing several vehicular charges. She has been charged with violation of the due care law and drunk driving. The arrest came about after she had slammed her car into an official utility vehicle. The woman was held on a $2,000 bond in a Tennessee jail. According to authorities, the accident occurred in
Certified Question of Law Must be Dispositive to be Reviewable
Tennessee has a procedure under which a certified question of law may be reviewed on direct appeal even when a criminal defendant has pled guilty. But the requirements for properly preserving a certified question of law are strictly construed. It is not uncommon for Tennessee appellate courts to decline review due to concluding the requirements
Knox County driver charged with aggravated vehicular homicide
A recent three-car crash on a Knox County roadway left one person dead and several adults and children injured. One driver is facing charges that include aggravated vehicular homicide. Responders had to close down the John Sevier Highway in the area of Austin Park Lane for hours as they extricated patients and investigators sought to determine