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Tennessee DUI Library
Legislators Want Mandatory Jail Term for Tennessee DUI
Tennessee Bill would require a minimum 48 hour jail term for TN DUI offenders.
Lawmakers in the House chamber of the state General Assembly have passed legislation requiring a jail term of at least 48 hours for all motorists convicted of drunk driving in Tennessee. The measure passed 96-1. The Senate chamber unanimously passed similar legislation last month.
Under current Tennessee DUI laws, a motorist under the age of 21 arrested for driving under the influence must spend a minimum of 48 hours in jail. A motorist older than 21 however is only required to spend at least 24 hours in jail.
The new bill would make the minimum jail term the same, regardless of age. The legislation will be referred to the Senate to work out differences between the two bills, and then presented to the governor.
It is important that if you are arrested for drunk driving in Tennessee that you hire a qualified DUI attorney in Tennessee.
Proposed Tennessee DUI Advertising Ban May Be Unconstitutional
State Attorney General finds pending anti-drunk driving legislation illegal on two fronts.
State Senator Rosalind Kurita sponsored an amendment to a bill that would ban Tennessee DUI defense attorneys from making certain advertising claims. This included not stating that the attorney specialized in DUI cases, offered discounts, guaranteed a result or indicated that they had more experience than another attorney. Kurita said her legislation was aimed at reducing the number of suspected drunk drivers who are not convicted.
The amendment came under immediate fire from other state legislators on constitutional questions, and an opinion from the attorney general of Tennessee was requested. AG Bob Cooper has stated that Kurita’s effort is ‘vulnerable to constitutional attack’ on two fronts.
Cooper said that the Tennessee Supreme Court has the authority to regulate the courts and the attorneys who practice law in the state, and Kurita’s amendment improperly attempts to shift that power to the State Assembly.
In addition, the legislation violates the right to free speech guaranteed under the Federal First Amendment. Cooper elaborated that, because of the severity of the offense, DUI defendants have a greater interest in learning as much as possible about drunk driving defense attorneys before hiring one of them.
Kurita has responded by saying that she will “have to find another way” to attack driving under the influence in Tennessee.
Are you searching for a Tennessee DUI Attorney?State Senator Wants to Ban Tennessee DUI Defense Attorney Ads
Democratic senator pushing amendment to prohibit certain ads for drunk driving defense in Tennessee.
Prominent state senator Rosalind Kurita wants to ban certain advertisements used by Tennessee DUI lawyers. She was successful in adding an amendment to a bill that would prohibit ads stating that the lawyer was a DUI specialist, offered a discount rate, claimed more expertise in drunk driving defense or guaranteed an outcome in the case. She says the amendment was in reaction to drunk drivers not being convicted.
Other Tennessee General Assembly law makers publicly say the provision violates First Amendment free speech rights. Senator Jim Kyle said, “If you’re in a legitimate business, you ought to be able to advertise.” Kurita countered that she is only concerned about certain advertising claims, especially one that states the drunk driving defense attorney will get you off.
The ethics rules of the Tennessee Supreme Court, however, already prohibit attorneys from guaranteeing a case result. Attorneys are also prohibited from claiming that they are specialists unless they have completed state certification in an area of specialization. In addition, Kurita’s amendment violates a 1990 U.S. Supreme Court opinion that allows attorneys with specialist certification to advertise that accomplishment.
The amendment calling for the advertising ban was approved by voice vote in the Senate Finance Committee and attached to pending legislation.
If you have been charged with Driving Under the Influence in Tennessee, you will need to seek legal representation from a DUI Defense Lawyer in Tennessee that can advise you of your legal rights and possible consequences if you are convicted of a DUI in Tennessee.
Multiple Bills Would Toughen Tennessee DUI Laws
State legislature advancing several bills addressing drunk driving in Tennessee.
The Tennessee legislature is considering a series of bills that would strengthen DUI laws in Tennessee. They cover a range of penalties for drinking and driving in Tennessee, including mandatory ignition interlock devices and lower blood alcohol levels for an extreme DUI in Tennessee.
The legislators have been in partisan squabbles about sponsorship of competing and similar bills, though the proposed DUI laws appear to be making their way out of committee for consideration by the full Assembly.
A Senate bill calls for the automatic revocation of the driver’s license when a motorist is arrested for suspicion of driving under the influence in Tennessee. This is the only Tennessee DUI bill that has the open support of Governor Phil Bredesen.
One House bill would require all motorists convicted of drunk driving in Tennessee, including first offenders, to install an ignition interlock device in their vehicles. A second bill under consideration calls for mandatory interlock devices on the second or subsequent DUI in Tennessee. Currently the law allows judges to use their discretion to mandate the devices after a second drunk driving arrest.
Another House bill would lower the blood alcohol content for the designation of ‘extreme DUI’. Currently the BAC level is .20% and the proposed new threshold would be .15%. When the charge of extreme DUI is applied additional jail time is automatically mandated.
The House is also considering legislation that would prohibit the occupants in a vehicle from having an open container. Similar bills have been considered in the past with no consensus on punishment for the offense. The current measure calls for a flat fine.
The Criminal Practice Subcommittee has approved a House bill that calls for a minimum 48 hour jail term for first time DUI offenders. Three years ago a bill was passed that allowed offenders to divert 24 hours of jail time to a litter pick-up detail. The new legislation would require the entire jail term to be fulfilled, after which litter duty as community service would be required.
The state president of Mothers Against Drunk Driving said he felt they were going to have a “landmark year” in the passing of Tennessee DUI legislation.
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'Bug-erceptor' Fights Crime in Tennessee
VW Bug turned into police cruiser "Bug-erceptor" after it was seized in a Tennessee DUI case.
The Blount County Sheriff's Department in eastern Tennessee has a unique vehicle to help in its fight on crime; a 1973 Volkswagen Beetle. Dubbed the 'bug-erceptor', the car was seized by the sheriff's department as part of a Tennessee DUI case.
The Assistant Chief Deputy spent about $2,000 of his own money transforming the vehicle. It has all the required equipment for a police vehicle, including sirens, radio, fingerprint kit and traffic cones. All of the official sheriff's department decals were scaled down and fabricated by the same company that produces the markings for the full size cruisers. A 1960's-vintage red bubble light on the roof finishes the look.
The 1600-cc engine only yields a top speed of about 70 miles per hour, leading to a humbling experience when motorists are pulled over.
If you have been arrested for drunk driving in Tennessee you will need to hire a Tennessee DUI attorney.
Police Officer Charged with Tennessee DUI in Nashville
Officer suspected of driving under the influence in Tennessee, having wreck and fleeing scene.
Metro Nashville police officer Stephanie Callahan has been charged with Tennessee DUI following an incident last Sunday night. Callahan wrecked her Ford Explorer while trying to make a turn and then drove away without notifying the property owner of damage. A fellow officer responding to the crash scene reportedly contacted Callahan and had her return.
Callahan admitted to being the driver of the vehicle at the time of the accident. A breath test revealed a blood alcohol content about twice the legal limit for drunk driving in Tennessee.
Callahan graduated from the police academy less than two weeks ago and she was undergoing field training. She has been placed on desk duty until an internal investigation has been completed.
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Tennessee DUI Research Library
Work Off Drunk Driving Conviction
New Tennessee Law Attracts CriticismKnoxville, TN-A new
state law permits DUI offenders to work off their first infraction by
cleaning up litter along the roads while wearing a vest that states, "I
am a drunk driver." Local officials of Knox County have
expressed disapproval of the new punishment.
Courts can now sentence first-time offenders with a minimum of 24 hours of manual labor, entailing trash removal from roadsides.
David Collins, Knox County Commissioner, described the law as 'out of control," while County Sheriff Tim Hutchinson questioned the source of funds that will pay for the vans, vests, and deputies required put the new law into action.
While the law is designed to target first-time offenders in hopes of shaming them away from future offenses, critics say the program could bring negative results. Jacqueline Helfgott, chairperson and professor at the Criminal Justice Department of Seattle University, said, "If I'm forced to wear a sign saying that I'm a drunk driver, then I'm going to feel worse and worse about myself and I may drink more and more because I feel shunned."
Other states have methods of alerting the public and police about previous drunk driving convictions, however they are intended more to protect the public than to create shame for the offender. Ohio, for example, requires bright yellow license plates to expose to the public that the driver has been convicted of DUI.
Gov. Phil Bredesen stated that he opposes the new DUI law because he believes it weakens existing punishments that have already been established for DUI offenders over the age of 21.
"Although I am generally supportive of innovative forms of punishment to address this issue, I am concerned about the possibility of reduced jail time for DUI offenders," Bredesen stated in a letter to members of the House and Senate.
He did not veto the bill, but also didn't sign it. Under state law, a bill that is not signed or vetoed by the governor will become law within ten days.
MADD (Mothers Against Drunk Driving) also opposes the new law. "In MADD's opinion it decreases the deterrent effect of the law," said Laura Dial, the MADD Tennessee executive director. "Jail time is more of a deterrent than community service, which is trash pickup."
July 11, 2005
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Tennesse Drunk Driving
Tennessee enlists shame to fight drunken drivingBy Associated Press Published January 1, 2006
NASHVILLE, Tenn. - A new Tennessee law is enlisting the power of shame to discourage drunken driving.
Starting today, convicted drunken drivers are required to do 24 hours of roadside cleanup while wearing orange vests with the phrase: "I am a Drunk Driver."
The new law is aimed at first-time offenders, said one of its sponsors, state Rep. Charles Curtiss.
"You cause them to go out and pick up trash in front of their friends and neighbors, the embarrassment is going to be such that they're never going to want to go through that again," Curtiss said.
But shaming offenders without more meaningful treatment programs could have the opposite effect, said Jacqueline Helfgott, chairwoman of the criminal justice department at Seattle University.
"If I'm forced to wear a sign saying that I'm a drunk driver, then I'm going to feel worse and worse about myself and I may drink more and more because I feel shunned," she said.
Jeanne Mejeur, a research manager at the National Conference of State Legislatures in Denver, said Tennessee's law "is pretty much a unique program nationally."
Ohio requires yellow license plates for some convicted drunken drivers, and other states use less obvious coding on tags to alert police about DUI convictions. But those measures are targeted more at public safety than shame, Mejeur said.
The bill becomes law today without Gov. Phil Bredesen's signature.
"Although I am generally supportive of innovative forms of punishment to address this issue, I am concerned about the possibility of reduced jail time for DUI offenders," Bredesen wrote to legislative leaders.
That is echoed by Mothers Against Drunk Driving.
"The best deterrent to drunk driving is jail time, not community service," said Laura Dial, Tennessee's MADD director.
SOURCE: St. Petersburg Times
Supreme Court Ruling
State Supreme Court Upholds Judge Stern RulingMarch 13, 2006
The Tennessee Supreme Court has upheld a ruling of Criminal Court Judge Rebecca Stern in a case involving a traffic stop.
Judge Stern had ruled out evidence that led to DUI and obstructing traffic charges against Kirk Williams.
The Tennessee Court of Criminal Appeals overturned the decision of Judge Stern, saying the stop and seizure were valid.
But the decision written by Supreme Court Justice William M. Barker of Signal Mountain reinstates the Stern ruling.
The state high court said, "We hold that the defendant was seized by the officer when the officer approached the defendant in his patrol car and activated his blue emergency lights. Under the facts of this case, a seizure occurred regardless of whether the vehicle was already stopped at the time the officer approached. We also uphold the trial court’s determination that the officer did not have reasonable suspicion to justify the stop. Therefore, the trial court correctly granted the defendant’s motion to suppress the evidence obtained as a result of the stop. The decision of the Court of Criminal Appeals is reversed, and the decision of the trial court suppressing the evidence is reinstated."
Source: http://www.chattanoogan.com/
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