Monday , July 23 2018
Home / Tag Archives: Tennessee

Tag Archives: Tennessee

Driving Under the Influence of Smartphones

Binge watching Netflix.  FaceTiming a friend. Scrolling through your Spotify playlist. All of these seem like harmless activities–until you try to do them while driving. Due to the rise in distracted driving, lawmakers across America are rethinking their laws on smartphones in vehicles. A study completed by AAA showed that 88% of millennial aged drivers acknowledge their dangerous driving habits, however, some of the drivers think that this behavior is acceptable. For example, the study showed that 78.2% of drivers ... Read More »

Have or Need a Commercial Driver’s License?

If you have, or if you are planning on getting, a Commercial Driver’s License (CDL), you need to know a little bit about how and why prosecutors take such a hard stance on traffic and other related violations when they involve drivers with a CDL. One way to get a good overview is to review, “Commercial Drivers Licenses: A Prosecutor’s Guide to the Basics of Commercial Motor Vehicle Licensing and Violations (Second Edition).” This guide was funded, at least in ... Read More »

How Drunk is Your State?

In an USA Today article by Cheyenne Buckingham, excessive alcohol consumption is discussed and ranked from the least-to-most excessive alcohol consumers (by State) in the United States. According to the article, excessive alcohol drinking includes “binge” drinking and “heavy” drinking. The article explains that according to the Centers for Disease Control (CDC) “binge” drinking is consuming four or five alcohol drinks (depending on the gender of the consumer) during a single occasion. The CDC further states that “heavy” drinking is ... Read More »

DUI Conviction? No Booze for You!

On March 21, 2018, a bill sponsored by Tennessee State Representative Bud Hulsey and Senator Frank Niceley allowing judges to prohibit those convicted of driving under the influence from purchasing alcohol made its way to the House Criminal Justice Committee.  According to the Tennessean newspaper, various drafts of the bill (HB 1698), before being finalized, sought a lifetime ban for a third conviction and discretion for judges to prohibit the purchase of alcohol for various lengths of time depending on  ... Read More »

The Newest in BodyCam Technology

Officers may not particularly like recordings of traffic stops and DUI investigations—after all, who wants all their actions recorded for review by their supervisor and potentially the public? Nonetheless, body cameras are invaluable in protecting both officers and citizens during non-routine encounters because the video footage provides a complete and unbiased recordation of the full situation. In DUI cases, though, the recordings provide experienced defense counsel the opportunity to detect Constitutional violations and procedural mistakes. In particular, lawyers scrutinize the ... Read More »

To Blow or Not to Blow: Tennessee’s 2017 Implied Consent Law – Part 2

This is the second in a series of blog posts about recent changes to Tennessee’s Implied Consent Law.  If you missed Part 1, you may read it here: “To Blow or Not to Blow: Tennessee’s 2017 Implied Consent Law –  Part 1.” As discussed in Part 1, effective July 1, 2017, Tennessee made sweeping changes to its Implied Consent Law in an apparent attempt to comply with the recent U.S. Supreme Court decision, Birchfield v. North Dakota, 136 S.Ct. 2160 ... Read More »

To Blow or Not To Blow: Tennessee’s 2017 Implied Consent Law – Part 1

Effective July 1, 2017, Tennessee is making sweeping changes to its Implied Consent Law[1] in an apparent attempt to comply with the recent U.S. Supreme Court decision, Birchfield v. North Dakota, 136 S.Ct. 2160 (2016).  The Implied Consent Law and the Birchfield decision both address legal issues surrounding chemical tests to determine the alcohol and/or drug content in a person’s system. Specifically, they deal with the question of when and under what circumstances a blood or breath test may be ... Read More »

Tennessee Adopts a (Limited) Good-Faith Exception to the Warrant Requirement

On November 3, 2016, Tennessee joined the ranks of over a dozen states that have adopted a limited good faith exception to the search warrant requirement in a Tennessee DUI case that involves a warrantless blood draw.[1] A blood draw for the purpose of determining a person’s blood alcohol content is a search under the Fourth Amendment, and a warrant is required unless an exception to the search warrant requirement applies.[2] For example, some exceptions include consent to the blood ... Read More »

Tennessee Repeals New Underage DWI Law

July 1, 2016 was a highly anticipated day for many in Tennessee: for the very first time, wine was available for purchase in grocery stores. Gliding in under the radar, perhaps because of all the hype surrounding the grocery store wine revolution, were many other changes to Tennessee’s alcohol-related criminal laws. One such legislative update changed the way that Tennessee handled a small and categorically difficult class of individuals: underage DUI defendants. These are people ages 18 to 20, who ... Read More »

Tennessee Increases Jail Time for DUI Offenders with Six or More Convictions

Tennessee is again increasing penalties for multiple DUI offenders.[1] The 2016 Tennessee General Assembly amended Tennessee Code Annotated §55-10-402 to penalize more severely those who are convicted with six or more DUI convictions. This change applies to anyone committing an offense on or after July 1, 2016. As the law currently stands, a conviction for a 4th or subsequent DUI offense is a Class E Felony, which has a punishment range of 1-6 years. Accordingly, the law does not change ... Read More »