Month: March 2015
Prolonged Detention to Await Backup Was Reasonable
A detention by a police officer accomplished by a show of authority (as opposed to simply a consensual encounter) requires only reasonable suspicion that the detained person has committed or is about to commit a crime. However, the duration of the detention should also be no more than reasonably necessary for its purpose. The Tennessee
Collision with Tennessee police car leads to drunk driving charge
Many people have made mistakes in their lives. Fortunately for most, a mistake turns into a learning experience, and people make changes accordingly. Despite this, it may be assumed that a person is doomed to repeat such a mistake. In regard to a person who has faced criminal charges, an assumption that a person will
Convictions Reversed For Misconduct in Closing Argument
Closing argument is an opportunity for each side in a trial to present their theory of the case after the evidence has been presented, and to attempt to persuade the jury that the evidence supports that side’s theory, and/or does not support the theory presented by the opposing side. However, attorneys making closing arguments are
Tennessee football player arrested for drunk driving
Charles Mosely, a freshman Tennessee football player, was recently arrested for drunk driving. He was charged with a DUI after police pulled him over for driving too fast in a 55 mph zone. According to the report, the smell of marijuana was present in his vehicle, but he denied smoking the substance himself. A DUI charge can encompass
Tennessee pursuing unique approach to drunk driving
Because of the public service campaigns that have have filled the airways, most people are aware of the potential consequences of drinking and driving. Likely because of this awareness, it may be assumed that people driving at a certain time of night or under certain circumstances are under the influence of alcohol. Such assumptions could
Self Serving Statement Not an Excited Utterance
In Tennessee, an ‘excited utterance’ is a specific exception to the hearsay rule of evidence. Generally, extrajudicial assertions of fact are considered hearsay cannot be introduced to prove those facts. Some exceptions apply. One of those exceptions in Tennessee is an ‘excited utterance,’ which is a statement relating to a startling event or condition made
What are the consequences of vehicular homicide in Tennessee?
In Tennessee, a driver may be charged with vehicular homicide if he or she causes a fatal automobile accident while under the influence of alcohol. The driver could face a vehicular homicide charge, along with other charges, if his or her blood alcohol concentration (BAC) is found to have been .08 percent or higher at the time of
Reasonable Suspicion Upheld Despite Working Headlight
A police officer must have reasonable suspicion that a crime has occurred or is about to occur before initiating a warrantless stop or detention of a vehicle to investigate. But the suspicion must only be reasonable at the time of the seizure. It does not have to be proven ultimately correct. In the recent Tennessee
BAC levels and drunk driving penalties
BAC levels, or blood alcohol concentration levels, indicate the amount of alcohol in a driver’s bloodstream. Law enforcement officers administer certain tests to determine the BAC levels of a driver. In Tennessee, a BAC of .08 percent or higher is considered drunk driving and is grounds for arrest. However, there are certain circumstances in which a driver could be
Surplusage in an Indictment Does Not Create a Fatal Variance
A fatal variance may occur in a criminal trial where the proof presented at trial differs materially and prejudicially from the specific allegations in the criminal indictment. Such a variance is said to be ‘fatal’ as it can kill the State’s case (and result in dismissal of the charges). It is a violation of an