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Tag Archives: Steve Oberman

Tennessee DUI Laws Could Get A Lot Tougher

The Tennessee Senate Judiciary Committee has now approved legislation known as Dustin Ledford’s Law.  This would increase penalties for all multiple offenses of driving under the influence (DUI) offenders to Class E felonies with a minimum sentence of 11 months, and 29 days. Under current law, persons convicted of a second DUI offense must be sentenced to no less than 45 consecutive days nor more than 11 months 29 days; third offenses result in a sentence of no less than ... Read More »

Why People Insist On Drinking Too Much Alcohol

According to Inquirer.net, the journal Neuron published a study conducted by Karla Kaun, Emily Petruccelli and a team at Brown University who took it upon themselves to investigate the role of molecules and genes to help determine why  people only remember good feelings associated with  neurotoxins such as alcohol.  First, they studied fruit flies to like alcohol.  Then they worked to find out why there was no real memory of the unpleasant effects on their bodies such as those suffered ... Read More »

Recording The Police When You Get Pulled Over

Not all officers have recording devices on their persons, or even in their cars. Many times it is advantageous for a defendant to record the details of a police investigation. In order to eliminate the swearing contest that often arises between an officer and driver, almost all mobile platforms now have apps which allow the driver to surreptitiously (secretly) record the police officer (or anyone else for that matter). USA Today reports that an add-on called, “Police,” may be used ... Read More »

The Birds Are Flying Under The Influence

Even the birds in Minnesota are flying drunk. CNN is reporting that Robbins and waxwings are feasting on berries that has fermented earlier than usual because of an early frost. The sugar in the fruit turns into alcohol as they lose moisture. Getting intoxicated can be quite dangerous for them, according to Anna Pidgeon, an associate professor at the University of Wisconsin’s Department of Forest and Wildlife Ecology.”  (They) lose their coordination, they lose their natural ability to escape predators ... Read More »

Thousands Of Breath Tests Are Ruled Inadmissible

According to an August 16, 2018 Salem News article, prosecutors across Massachusetts have agreed to stop using the results of the breath test from 2011 through 2017 over concerns of calibration issues. What is more disturbing is that officials attempted to hide these issues from both defense lawyers and prosecutors. Apparently a laboratory employee had not calibrated the devices, Draeger models 9510, to the proper range for margin of error. This ultimately resulted in the dismissal of more then 34,000 ... Read More »

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 »

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 »