Month: July 2015
What are the options for those arrested for underage drinking?
When a young person makes a mistake that could lead to legal trouble, it is vital to understand how to respond to the situation in order to protect his or her future. Charges of underage drinking can ruin a reputation, compromise career opportunities and even affect college admission. Fortunately, a knowledgeable Tennessee DUI defense lawyer can
Consent to Examine Mobile Phone Was Valid
Consent is one of the specific exceptions to the general requirement that law enforcement authorities must have a valid search warrant prior to a constitutional search (where there is also a reasonable expectation of privacy). Under Tennessee law, a person has a reasonable expectation of privacy in the contents of the person’s cell phone in
Fighting drunk driving with new technology
The National Highway Traffic Safety Administration (NHTSA) just unveiled a device that may lower the overall number of drunk drivers. This new device is designed to prevent drunk driving by monitoring the driver’s blood alcohol levels through non-invasive means. Although the device is not available to the public, it is hoped that the new technology will decrease
Crimes Targeting Different Victims are Never Incidental
A single criminal case may include different victims, multiple victims, and/or multiple offenses. This can complicate the analysis of double jeopardy questions and due process when attempting to distinguish which convictions should merge and which are separate offenses. For example, Tennessee courts in recent years have been attempting to answer the question of whether a
Aggravated Sexual Battery No Longer a Lesser Included of Rape of a Child
The crime of ‘sexual battery’ in Tennessee differs from the crime of ‘rape’ in that sexual battery only requires ‘sexual contact’ and rape requires ‘sexual penetration.’ These terms are defined by statute. ‘Sexual contact’ requires that the contact be for the purpose of ‘sexual gratification.’ ‘Sexual penetration’ does not require such a purpose. Even though
Tennessee has stiff penalties for drunk driving
In Tennessee, a conviction of driving while intoxicated will remain on your permanent criminal record without possibility for expungement. This can prove quite difficult for persons who are attempting to start over and seek better life circumstances. Potential employers, various institutions and other individuals are able to view your record upon request. Seeing a drunk
Law enforcement to combat drunk driving over holiday weekend
Tennessee law enforcement is preparing to increase vigilance over the course of the Independence Day holiday weekend. It is hoped that the increase in DUI enforcement will dissuade drivers from getting behind the wheel while impaired. This will be done with additional checkpoints set up throughout the state to monitor drivers. If an individual is suspected
Tennessee woman facing repeat DUI charge after buzzed driving
A woman was recently arrested for driving under the influence (DUI) for a particularly bizarre reason. The driver, who is currently facing repeat DUI charges, was taken to a local hospital after she crashed her car into a mailbox. The officers who responded to the accident noted that she was acting disoriented at the time of the
Conviction Affirmed Despite Use of Evidence of Other Crimes
Generally, evidence of other crimes or bad acts is not admissible in a criminal trial in Tennessee when its only purpose would be to prove conforming conduct (under the reasoning that a jury should consider only the offense charged and not other bad things the accused may have done). However, it may admissible if relevant
A failed sobriety test will lead to arrest, even for boaters
During the summer months, there is usually an increase in drunk driving arrests as more people are driving and traveling. However, Tennessee readers should note that not only will drunk driving result in an arrest, but drunk boating will as well. In fact, authorities will be patrolling waterways over the summer, executing sobriety tests for boaters