TN DUI News

Tennessee Considers 'Shame' Plate for DUI Offenders

Those convicted of drunk driving in TN would have to purchase yellow license plates.

The State Legislature is considering a measure requiring a special license plate for those convicted of driving under the influence in Tennessee. The proposed bill would require a judge to sentence all found guilty of TN DUI to obtain a yellow license plate with 'DUI OFFENDER' in red letters. The license plate would have to be on the offender’s vehicle for at least one year.

The House Judiciary Committee delayed action on HB1837 until early May. A companion Senate bill has been stalled since February.

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Tennessee DUI for Man in Parked Car

Police called by someone who thought vehicle was suspicious.

The Greenville Police Department responded to a 1:30 am call from a citizen reporting a suspicious vehicle at an old car wash near Stan’s B-B-Q. The officer found Eric Donahue asleep in the driver’s seat with the car keys in his hand.

After reportedly detecting alcohol, the officer ordered Donahue to perform field sobriety tests. After performing the tests poorly, Donahue, 25, was charged with first offense driving under the influence in Tennessee. He was transported to and booked at the Greene County Detention Center.

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Tennessee DUI Reforms Suffer With Weak Economy

Efforts to reduce drunk driving in Tennessee curtailed by limited budgets.

Gov. Phil Bresden has made the fight against driving under the influence in Tennessee a high priority during his tenure. In early 2006 he formed a task force that established a number of legislative goals aimed at reforming Tennessee DUI laws. A severe revenue shortfall in the state, however, has led to a narrower focus.

The governor’s spokesperson, Lydia Lenker, said that, “when the state’s economy took a downturn, we had to set...legislation aside.” There was a decision to push for one change that had the most impact, Administrative License Revocation, which called for the immediate seizure of a driver’s license from those suspected of drunk driving in Tennessee. The proposed legislation made it through both houses of the state General Assembly before studies showed that the law would create no revenue and would cost $2.8 million in the first year alone. There was little opposition to the bill though the sponsors abandoned the effort for budget reasons.

Lawmakers say that public safety remains a key concern, but acknowledge that there has to be fiscal responsibility in any legislative effort. Some of the smaller DUI changes that were enacted in 2008 included: - Reinstating a 48-hour jail sentence for first offenders of Tennessee DUI and 24-hours of roadside trash pick-up wearing vests that say ‘I am a drunk driver’. Previously the law called for 24-hours each of incarceration and trash pick-up. - Removing the two hour limit for conducting breath or blood tests after an arrest for suspected TN DUI. - Clarifying prosecution in cases of child injury in a alcohol related accident.

The legislative priorities of anti-DUI advocacy groups call for resurrection of the license revocation bill as well as lowering the legal threshold for intoxication from the existing BAC of .08% and making the installation of ignition interlock devices mandatory for all convicted DUI offenders. Ms. Lenker said that cost neutrality will be the key during the upcoming legislative session. With the governor working to reduce spending and close a $1 billion budget gap, adding programs that require new positions and costs is not feasible. DUI related issues, like license revocation, will need to wait for a better economic outlook.

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Tourist Gets Tennessee DUI After Stealing Trolley

Michigan man takes, then crashes, trolley in downtown Nashville.

A Michigan man is accused of stealing a Nashville tourist trolley, driving under the influence, and crashing the special vehicle.

The legitimate driver had just finished a regular tour of the downtown area when he parked the trolley at the Hard Rock Cafe along lower Broadway for a bathroom break. He left the trolley unlocked with the doors open so people could board for the next tour. In fact six tourists from Texas were on the trolley when Jason Carl Farmer, noticing the keys were in the vehicle, jumped on board and drove off. Farmer, 38, hit a pole and was was persuaded to drop the others off. He then continued driving west until he crashed with an SUV in the Belle Meade area of Nashville.

Police detected alcohol and noticed Farmer’s speech was slurred. Farmer admitted to having been on a drinking binge, stating that he had just moved to Nashville from Michigan and he had come to town to party. He also tried to justify his actions by stating that he had a chauffeur's license and claiming his father owned the party bus. They arrested him on suspicion of Tennessee DUI in Nashville. The results of a test for blood alcohol content are pending.

The trolley suffered damage estimated between $50,000 and $60,000. The legal driver was cited for not parking the vehicle widely and for leaving the keys in the vehicle.

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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.

'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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Tennesse Drunk Driving

Tennessee enlists shame to fight drunken driving
By 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

Tags: DUI News |  Tennessee DUI

DUI Ruling Gives Suspects More Room to Fight

Kentucky Supreme Court Overturns DUI Ruling

DUI Defense Gets a Little Easier

COURT OVERTURNS CONVICTION CLAIMING ALCOHOL LEVEL WHILE DRIVING DIDN'T MATTER

By Brandon Ortiz

HERALD-LEADER STAFF WRITER

A Kentucky Supreme Court ruling yesterday gave suspected drunk drivers room to question blood-alcohol tests that are narrowly above the legal limit.

The court unanimously overturned the 2003 driving under the influence conviction of Nelson Lopez of Lexington. It said county prosecutors erroneously argued that it did not matter what his blood-alcohol level was when he was driving, so long as it measured above the legal limit of 0.08 within two hours of his leaving the car.

Defense attorney Fred E. Peters argued that such a standard could allow prosecutors to convict someone who hadn't taken a sip of alcohol before he was on the road. He listed several hypothetical scenarios, including one of a stranded motorist who has a drink while waiting for assistance with his broken-down car.

He also said it can take as long as 60 to 90 minutes after alcohol is consumed for it to actually enter the bloodstream, though he offered no evidence of that at trial.

Lopez was charged with DUI on Oct. 11, 2002, and blew a 0.08 blood-alcohol level about an hour after his arrest.

In an interview yesterday, Peters said the ruling is a small win for defense attorneys. He said some local judges have prohibited defendants from arguing that an alcomonitor test didn't reflect their blood-alcohol level when they were actually driving.

"It's still a tough sell, but it at least gives you a chance to put on a defense," Peters said.

Fayette County Attorney Margaret H. Kannensohn said the ruling creates confusion for prosecutors. She said it effectively prohibits them from arguing a third of the jury instructions in drunken driving cases.

"It would be as if a soldier were given three bullets with instructions to fire them," she said, "then told that they had wrongly fired the third bullet, which leads to confusion."

She said county prosecutors will have to review the decision to figure out how to proceed. She added that she hopes the General Assembly clarifies the issue during its next session.

The state chapter of Mothers Against Drunk Driving worried that the ruling will hinder prosecution of drunken drivers.

"When the public believes or perceives that the DUI laws don't have teeth, then it breeds disdain for the law," state executive director Angela Leigh said.

See Article: www.kentucky.com

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LEXINGTON, Ky. A Kentucky Supreme Court ruling now gives drunk drivers room to question blood-alcohol tests that are narrowly above the legal limit.

Yesterday the court unanimously overturned the ruling of a Lexington man, who was convicted of driving under the infuence.

Nelson Lopez was charged with a D-U-I on October 11th, 2002, and blew a 0.08 blood-alcohol level about an hour after his arrest.

The court says county prosecutors wrongly argued that it didn't matter what his blood-alcohol level was when he was driving, as long as Lopez's level measured above the legal limit of 0.08 within two hours of his leaving the car.

Defense attorney Fred E. Peters says that standard could allow prosecutors to convict someone who hadn't taken a sip of alcohol before driving on the road.

See Article: WKYT 27

Tags: Court Rulings |  Tennessee DUI

Tennessee Supreme Court Overturns ID Roadblocks

Tennessee Supreme Court finds an ID roadblock illegal because it was used to issue traffic tickets in the name of safety.

On Thursday, the Tennessee Supreme Court unanimously found the use of roadblocks to check identification papers, driving licenses and automobile registrations to be unconstitutional. The court struck down a Chattanooga Housing Authority (CHA) "residency" checkpoint at Poss Homes on 2409 Washington Street. The authority, which has its own police force, claimed the stops would protect residents from crime and illicit drug use by turning away non-residents.

CHA Police Officer Ralph Brown had stopped Jerry W. Hayes, Jr. at 6:30pm on August 13, 2002, asking him if he was a resident and if he had his papers. Hayes produces his driver's license which had been suspended because of an overdue fine. Brown also noticed unopened bottles of beer in the car and charged Hayes with possession of alcohol because, at the time, Hayes was just two months short of twenty-one.

The high court overturned Hayes' conviction because it did not believe, contrary to police claims, that the primary purpose of the checkpoint was safety. The evidence showed the roadblocks were successful instead at issuing expensive tickets.

"There are elements of subterfuge evident in the operation of this entry identification checkpoint," the court wrote. "If the checkpoint was being operated solely to establish a legitimate connection between the would-be entrant and the community, however, Officer Brown had no reason to 'also' demand the person's driver's license if he or she had already produced a Poss Homes identification badge... Because persons may legitimately drive vehicles belonging to others, however, a vehicle registration document is of questionable value in determining the identity of the driver. Proof of insurance is relevant to nothing other than determining compliance with the provisions of Tennessee Code Annotated chapter twelve."

The court saw no evidence that the checkpoint increased the safety of residents, nor that the crime was solely being conducted by "outsiders." Because the police had no list of residents or guests, there was no real way to tell from a driver's license whether any stopped individual belonged in the complex or not.

"In their zeal to preserve and protect, however, our police officers must respect the fundamental constitutional rights of those they are sworn to serve," the court concluded. "Entry identification checkpoints of the type used here result in the abrogation of one of those fundamental constitutional rights. Such checkpoints cannot, therefore, be countenanced, no matter how lofty their goals. The ends, in this case, simply do not justify the means."

Source: Tennessee v. Hayes (Supreme Court of Tennessee, 4/20/2006) http://www.thenewspaper.com/

Tags: Court Rulings |  Tennessee DUI