Month: January 2014
Man faces felony DUI charges in Tennessee
For many, drinking is an enjoyable time to unwind and not think about life’s stressors. However, when a person fails to consume alcohol moderately, he or she can quickly become intoxicated. Driving while under the influence of alcohol can certainly lead to legal consequences but deciding to do it more than once may result in
State Labeling Law Not Preempted by Federal Copyright Act
Federal preemption refers to when a state law is considered invalid because it attempts to regulate something a federal law exclusively controls. State governments have concurrent jurisdiction over many criminal matters with the federal government. But where state law conflicts with federal law on a subject within the power of Congress to regulate, the state law may
No Mens Rea Requirement for Driving on a Suspended License
Many crimes require the State to prove a mens rea, or “guilty mind” element before a person can be convicted of the crime. A mens rea or criminal culpability element ensures that a person is not guilty of the criminal offense unless the person had some degree of intent or knowledge that he or she was engaging in the
Tennessee reports good numbers for drunk driving in 2013
Each year, every state starts out with a clean slate. All the tallies that count the unsavory acts that human beings are capable of doing to each other are dialed back to zero. The hope is that the new year will bring a better result in all the bad categories and a better result in
Circumstantial Evidence was Sufficient to Prove Child Abuse
In Tennessee, circumstantial evidence alone may be enough to convict someone of a crime, as long as the evidence is convincing beyond a reasonable doubt. In the recent case of State v. Lambright, M2012-02538-CCA-R3-CD (Tenn.Crim.App. 1-7-2014), the Court of Criminal Appeals found the circumstantial evidence sufficient to sustain jury verdicts of guilt of aggravated child abuse. In the Lambright case,
New Year’s Day police chase ends with drunk driving charge
Tennessee police recently apprehended a woman after a police chase. In the process of fleeing, the woman crashed into another car. Police then proceeded to arrest her on a drunk driving charge. The altercation started when authorities clocked a car, driven by a woman, driving approximately 20 mph above the speed limit. When authorities tried to pull
Young man facing felony DUI after brush with FBI
A routine traffic stop in Tennessee recently ended up being much more than authorities bargained for. They pulled a man over for what they believed to be a routine DUI and ended up booking him on a felony DUI. More federal charges may be forthcoming. Authorities pulled the man over on suspicion of DUI, which