Determination of Implied Consent Violation Permissible on Remand
Tennessee’s implied consent law requires drivers to consent to a blood test to determine alcoholic content of the blood if requested to do so by a police officer who has reasonable grounds to believe the person was driving under the influence of an intoxicant. Unless the person’s driver’s license is already revoked for a DUI conviction
Woman charged in connection to alleged DUI crash in Tennessee
Being accused of intoxicated driving can lead to a person facing DUI charges. Additional charges can be brought against a person if they are accused of having caused an accident that caused injuries or property damage during their alleged intoxicated driving. A person can be given serious punishments if he or she is convicted of
Probable Cause Established by Observation of Speeding
There must be probable cause or reasonable suspicion for a police officer to initiate an investigatory stop of a vehicle. Absent a warrant for a search or arrest, there must be some basis known to the officer for believing an occupant of a vehicle may have committed or may be about to commit a crime,
Woman facing DUI, assault charges in relation to Tennessee crash
Recently, a DUI case has arisen in Tennessee in connection to a car accident. The accident happened on May 16 in Montgomery County, Tennessee. That day, a 26-year-old woman was driving a pickup truck along Highway 13. According to authorities, the woman’s pickup truck then crossed onto the road’s opposing side and crashed head-on into
Inference of Tactical Decision Blocks Plain Error Review
As addressed in the previous post, “plain error” review may still occur on direct appeal for issues which were not properly preserved for appeal. The criteria for plain error review includes that the record must clearly establish what happened; a clear and unequivocal rule must be breached; a substantive right of the accused must be
Semi driver accused of driving drunk, causing fatal crash
Being accused of having been involved in a DUI accident can be a very serious matter. Major criminal charges can be brought against a person in connection to such an accusation. A person can face particularly serious charges if the alleged DUI accident resulted in a death. This can be seen in a DUI case
Admission of Recorded Accusations Not Plain Error
Appellate courts may occasionally conduct “plain error” review of issues which were not properly preserved for appeal at the trial court level. To review an issue for plain error, a set of criteria must be met, which include that the record must clearly establish what happened, a clear and unequivocal rule must be breached, a
NTSB recommends lowering legal limit to 0.05
In the U.S., laws regarding drunk driving are set by the states. However, this does not mean that the federal government plays no role when it comes to drunk driving laws. There are many different methods the federal government sometimes uses to try to influence state drunk driving laws. One of the more extreme methods the federal
Court Affirms Denial of Mitigation in Sex Abuse Case
In criminal sentencing, mitigation factors can generally be argued and considered in offsetting enhancement factors and arguing for a lower sentence within a statutory range of punishment. Trial courts have discretion in considering what mitigating factors to apply, and may even consider factors not specifically listed by statute. In the recent case of State v. Pantaleon, M2012-00575-CCA-R3-CD
Tennessee school bus driver admits to drunk driving
When someone is arrested and charged with drunk driving, the first thing that’s important is to challenge the evidence if you believe you have been wrongly accused. There are many ways that this can be done. But for many people, they make mistakes and get caught. It’s important to know how to handle what comes next.