Month: April 2015
Can you contest a failed sobriety test?
After a stop for suspected drunk driving, a driver will likely be asked submit to a series of tests administered by law enforcement in order to determine the potential impairment of a driver. A failed sobriety test can ultimately result in arrest and charges of drunk driving. As with any test subject to human error, it is possible
Right to Bond is Subject to Forfeiture
Bond or bail must be set, in some amount, for anyone charged with a non-capital crime in Tennessee. Charged individuals retain a legal presumption of innocence until there is a judicial determination of guilt. The Tennessee Supreme Court has recently decided that it is a right subject to forfeiture upon a violation of the conditions
Repeated drunk driving charges in Tennesee topic of new bill
New legislation has been proposed in Tennessee with regard to the purchasing of alcohol after being convicted of DUI multiple times. The bill was introduced in February by Representative John Holsclaw. He stated that he hopes a new law will help reduce the number of repeated drunk driving offenses in the state. A county sheriff recently lamented
Failed sobriety test leads to DUI arrest and other charges
A Tennessee man was arrested after a law enforcement officer pulled him over for making an illegal turn on Interstate 40. Upon approaching the vehicle and speaking with the driver, the officer reports that the man had blood-shot eyes and was displaying behavior that is often associated with intoxicated driving. After a failed sobriety test, the driver was
Improperly Admitted Prior Consistent Statement Vacates Conviction
A prior consistent statement usually refers to an extrajudicial statement by a witness which is in agreement with something to which that witness has testified in court. Under evidentiary rules in Tennessee courts (the federal court rule on this subject is different), prior consistent statements of witnesses are generally not admissible. The reasoning for this
Woman faces severe punishments in vehicular assault case
Tennessee readers may be aware of a case that has garnered a great deal of media attention in recent days. A woman from Blount County has been arrested after an incident in which two parked cars and a pedestrian were struck. Authorities allege that the woman fled the scene of the accident and was eventually