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Richard Manley Floyd, a Knoxville Tennessee resident, learned the hard way that you don’t always get the minimum penalty. With no aggravating factors such as an automobile wreck or injuries to anyone, Mr. Floyd received a jail sentence of 45 days instead of the minimum 48 hours for a first offense DUI conviction.
The arresting Tennessee Highway Patrol Trooper stopped Mr. Floyd for traveling 20 mph over the speed limit. Mr. Floyd refused all field sobriety tests and declined to have his blood taken for analysis. On January 22, 2016, after his conviction, Knox County Judge Scott Green handed down Mr. Floyd’s sentence of eleven months and twenty-nine days. After serving forty-five days in jail, the balance will be served on probation. Mr. Floyd must also complete DUI School, twenty-four hours of litter pickup, and suffer a driver’s license revocation for a period of one year. More information about Tennessee DUI penalties may be found at http://www.tndui.com/dui-dwi-penalties.
The elected District Attorney Charme Allen stated, “The sentence in this case highlights the dangers of driving under the influence. In addition to the obvious risk to human life, impaired drivers need to realize that my Office regularly asks for enhanced sentences. Forty-eight hours for a first offense DUI is only the minimum.”
These penalties don’t even take into account the collateral consequences of a DUI conviction such as increased insurance costs, restrictions on travel outside the United States, and the difficulties in finding job opportunities. This type of result underscores the need to mount a vigorous defense with a well qualified lawyer.
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About the Author: Steven Oberman has been licensed in Tennessee since 1980, and successfully defended over 2,500 DUI defendants. Among the many honors bestowed upon him, Steve served as Dean of the National College for DUI Defense, Inc. (NCDD) and currently serves as chair of the National Association of Criminal Defense Lawyers DUI Committee. Steve was the first lawyer in Tennessee to be Board Certified as a DUI Defense Specialist by the NCDD.
He is the author of DUI: The Crime & Consequences in Tennessee, updated annually since 1991 (Thomson-West), and co-author with Lawrence Taylor of the national treatise, Drunk Driving Defense, 7th edition (Wolters Kluwer/Aspen). Steve has served as an adjunct professor at the University of Tennessee Law School since 1993 and has received a number of prestigious awards for his faculty contributions. He is a popular international speaker, having spoken at legal seminars in 30 states, the District of Columbia and three foreign countries.
If you would like to contact the author, please visit: http://www.tndui.com
