Month: April 2014
Failure to move over ends in drunk driving arrest
The flashing lights and blaring sirens of a police car can be intimidating. It is easy for an individual to become startled and do the wrong thing in this instance. Recently, a Tennessee woman was in front of a police car that was actually on its way to an accident scene. Perhaps in a panic
Community Care Taking Not a Substitute for a Warrant in Tennessee
Another ‘community care taking’ case has recently been addressed by the Tennessee Court of Criminal Appeals. ‘Community care taking’ generally refers to the role of law enforcement authorities in checking on the welfare of people who may be distressed. In many jurisdictions, it is one of the recognized exceptions to the general requirement that a
Tennessee man charged with vehicular homicide admitted drinking
A Tennessee driver was involved in a pedestrian vs. car accident at approximately 11 p.m. on April 16. The pedestrian went through the vehicle’s windshield following the initial impact. The pedestrian did not survive, and officers claim that the driver was impaired. The driver is being charged with vehicular homicide. The pedestrian and his fiance were
Court Rejects Community Care Taking Argument and Excludes Evidence
‘Community care taking’ is a form of consensual encounter with a law enforcement officer who may initiate the encounter in looking out for public safety and welfare. When a community care taking encounter is considered consensual, it does not a require a warrant, probable cause, or reasonable suspicion. Yet legal disputes about the nature of
Tennessee man charged with drunk driving
A man accused of driving while intoxicated is behind bars, according to local sources. The Tennessee man has a long history of motor vehicle infractions, with this being his 12th drunk driving charge. It is important to remember that, when it comes to repeat DUI offenders, alcoholism is a disease that can run rampant if left
Coram Nobis Claim Must Be Pursued in a Timely Manner
Coram nobis relief (by petition for a writ of error coram nobis) is available in Tennessee to challenge final judgments in criminal cases when there is newly discovered evidence which may undermine the validity of the conviction. There is a one year statute of limitations from the day the judgment becomes final, for filing a
Guilty verdict in 2012 vehicular homicide case in Tennessee
It has been demonstrated countless times that youth, speed and alcohol should not be mixed. Many horrifying car accidents have been the result of mixing those three elements. Tennessee residents may be aware that such accidents often result in fatalities and subsequent vehicular homicide charges. After a trial that lasted two days, with evidence presented by experts