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
How to challenge a failed sobriety test
If you have been arrested for drunk driving, it is likely because of a failed sobriety test, probably administered during the course of a traffic stop. A drunk driving conviction can have a long-term impact on your life, so it is important to approach these types of charges seriously by enlisting the help of a drunk driving
Multiple Tennessee drivers charged with drunk driving
Several drivers were pulled over by Tennessee law enforcement and charged with drunk driving over the course of one weekend. The specific drunk driving charges vary from case to case, but include second-offense DUIs and drug charges. While the consequences for these different charges can vary, any individual who has been arrested has the right to defend him
State Breached Plea Agreement in Opposing Judicial Diversion
Plea agreements are how the vast majority of criminal cases are resolved. Professionals representing the person accused and professionals representing the State can often evaluate the facts of a case and arrive at a negotiated resolution which is a fair compromise under those facts, sparing both sides the costs and risks of a trial. But
Database Error Still Reasonable Suspicion for a Stop
Authorities must have reasonable suspicion of criminal activity before they can lawfully seize a person to conduct an investigation. Stopping a motor vehicle by a show of authority is a seizure. But though the suspicion must be reasonable, that does not necessarily mean it must be accurate. In the recent Tennessee case of State v. Meadows, M2013-01650-CCA-R3-CD
What are your rights if charged with underage drinking?
Facing charges for underage drinking is a frightening prospect for a minor. A conviction can result in serious penalties, and the repercussions could have an impact for years to come. When charged with underage drinking, it is important that an accused individual seek legal assistance from a lawyer who understands both juvenile rights and drunk driving defense. Tennessee
Possible penalties for minors facing juvenile charges for DUI
When a minor is arrested for a drug- or alcohol-related offense, it can be daunting to consider the possible penalties that could result from juvenile charges. Those penalties can include the loss of driving privileges, fines and other various consequences. Although juvenile charges can have a long-term impact on the future of a minor in Tennessee,
Court May Not Revoke a Driver’s License for DUI
Revocation of a driver’s license is one of the mandatory statutory penalties in Tennessee for committing a first offense DUI. However, it is the Tennessee Department of Safety which revokes the license. A court imposing a DUI conviction must collect the offender’s driver’s license and forward it and the judgment to the Department of Safety. Though