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Tag Archives: unconstitutional

Blood and Breath Tests Disallowed in Many Tennessee DUI Cases

On February 6, 2018, the Tennessee Court of Criminal Appeals issued an opinion ruling that Tennessee Code Annotated section 55-10-413(f), which gives the Tennessee Bureau of Investigation a fee of $250 for each DUI conviction that is obtained using a blood or breath test, is unconstitutional. The TBI does not receive this fee in the event of an acquittal. This landmark decision is considered to be limited only used to the persons who were actually parties to this case (over ... Read More »

Citizen’s Arrest or Vigilante Justice?

A recent decision by the Tennessee Court of Criminal Appeals has affirmed that a private citizen may conduct a traffic stop on another private citizen. State v. Wilburn, (Tenn. Crim. App. 2015), was brought to the court’s attention on a certified question of law regarding the denial of the Defendant’s motion to suppress (make inadmissible) all evidence collected against him due to an unconstitutional traffic stop. The Wilburn case involved a driver being pulled over and eventually arrested by a ... Read More »