Tennessee man charged with drunk driving for third time
Alcohol has been part of the United States for many years, and continues to be prominent in current society. In moderation, the majority of the public find it acceptable, but when used too much it can be followed by very dangerous situations and actions. Even if the person thinks they are fine, the law may
Inadequate Record of the Evidence Results in Dismissal of Appeal
Evidence introduced in a criminal trial is usually preserved by a transcript of the witness testimony and preservation of exhibits. Using a good court reporter is the preferred and most reliable way of recording the witness testimony. However, if no court reporter is present to create a transcript of the testimony, it is still possible
Denial of Mistrial Affirmed for Witness Reference to Polygraph
A mistrial may be declared in a criminal trial when the trial cannot continue without a miscarriage of justice. The decision of whether to declare a mistrial is discretionary with the trial court. Mistrials due to evidentiary errors at trial are rare, as often an evidentiary error can be corrected with some alternative remedy or
Tennessee woman charged with vehicular homicide
The public is often aware of the trauma that a victim can face shortly after an accident, but they are often not mindful of the hard months that follow an accident for those accused of causing it. The months leading up to the actual trial can be very hard on a person thrown into the
Tennessee woman charged with vehicular homicide
The public is often aware of the trauma that a victim can face shortly after an accident, but they are often not mindful of the hard months that follow an accident for those accused of causing it. The months leading up to the actual trial can be very hard on a person thrown into the
Are Tennessee laws followed in drunk driving stop?
The release of a video by a man stopped at a DUI checkpoint has raised some concerns by citizens. A Tennessee college student recorded a drunk driving stop that was being conducted by a local Sheriff’s Department where he claims his Constitutional rights were violated. After six days, the Sheriff’s department responded that they believe that their
Consensual Encounter Can Occur on Private Property
Consensual encounters between police officers and citizens, which do not require probable cause or reasonable suspicion, may occur in public places or on private property. In the recent Tennessee case of State v. Moore, M2012-02059-CCA-R3-CD (Tenn.Crim.App. 7-25-2013) a DUI second offense conviction was affirmed on appeal, in a case where the initial interaction between the investigating officer and the
Do ‘no refusal’ drunk driving checkpoints lower fatalities?
Drunk driving is a big problem for everyone on the roads. It is a massive danger for not only the drunk driver themselves, but also for everyone else on their daily journeys. Holiday periods in the United States are usually celebrated by everyone. Here in Tennessee, as elsewhere, there are usually a significant number of drunk
Circumstantial Evidence Supports Probable Cause
In Tennessee criminal cases, circumstantial evidence is as good as direct evidence, as long as it is convincing. Circumstantial evidence can support probable cause for arrest. In the recent case of State v. Seay, M2011-02769-CCA-R3-CD (Tenn.Crim.App. 7-16-2013), the Tennessee Court of Criminal Appeals determined the circumstantial evidence that the Defendant had been driving a vehicle on a
Incorrect License Tag Creates Reasonable Suspicion
Reasonable suspicion that a person may have committed a crime or be in the process of committing a crime is necessary before a person can be detained (nonconsensually) by law enforcement for even a brief investigation. Reasonable suspicion must be based upon articulable facts. A detention or seizure, which occurs unlawfully, may invalidate evidence obtained