Month: May 2015
Fight to protect your rights after a drunk driving arrest
If you feel overwhelmed and frightened after a DUI arrest, you are not alone. It is normal to feel daunted by the Tennessee legal system and the potential consequences that can come from a criminal conviction. Whether this is your first drunk driving charge or you have a history of DUI arrests, it is important
General Inquiries Are Permissible in Any Traffic Stop
Traffic stops are a common kind of encounter between a police officer and a citizen. While the legality of the initial stop must be considered, there have been a number of Tennessee cases in recent years dealing with the permissible scope of an investigation following a lawful stop. Even after a lawful stop, a citizen
Woman charged with vehicular homicide after drunk driving crash
A Tennessee woman is in serious trouble with the law the after causing an accident that eventually claimed the life of a teenage boy. The boy died from his injuries just one day after he was supposed to graduate from high school. The suspected drunk driver also had a small child in the car with her at
Expert Testimony Not Admissible to Establish “Heat of Passion”
Expert testimony may be used in criminal trials in Tennessee when it can substantially assist the trier of fact to understand the evidence or to determine a fact at issue. It is not uncommon for there to be evidentiary disputes about whether a particular expert’s testimony on a particular subject does that. A trial court
Woman has accident at a school, charged with drunk driving
After crashing in a Knoxville school’s parking lot, a woman was arrested and charged with driving under the influence. At the time of the accident, the woman was driving with two young children in her car, ages 7 and 10. The children were released into the custody of the school after their mother was arrested for
“Mandatory Blood Draw” Still Requires Warrant or Exception
A blood draw for testing its alcohol content is still considered a search under existing federal and state law. Fourth Amendment rights and privacy concerns apply. The Tennessee Court of Criminal Appeals, in State v. Brown, W2014-00162-CCA-R9-CD (Tenn.Crim.App. 4-30-2015), has again (consistent with prior appellate opinions) reviewed Tennessee’s statutory provisions requiring a blood draw under certain circumstances
The importance of a lawyer when facing drunk driving charges
After an arrest for drunk driving, Tennessee defendants may assume that they can confront these charges and navigate the legal system on their own. However, securing legal counsel as soon as possible after a drunk driving arrest will be very beneficial. Even a first-time DUI charge can result in serious penalties if convicted. If an individual