Sep 9, 2014

“Hands Across the Border” and the DUI Checkpoint

By |Sep 9, 2014|Criminal Defense Law, DUI|0 Comments|

Tennessee took steps last month to pass the DUI Recidivism Act, which allows judges to assign mandatory drug and alcohol counseling and treatment for repeat offenders. But the newest campaign, “Hands Across the Border” (or “Hands Across Borders,” depending on who you ask) shows us a crackdown on DUIs that seems more in style […]

Sep 3, 2014

Separate Sovereignty and Double Jeopardy: Investigating Darren Wilson

By |Sep 3, 2014|Criminal Defense Law, Violent Crimes|0 Comments|

You can’t turn on the news these days without hearing about Michael Brown, an unarmed teenager in Ferguson, MO who was killed by a police officer. The evidence is currently being presented to a grand jury in St. Louis, and we expect that this particular case will be taking up a lot more air […]

Aug 12, 2014

An Update on the DUI Recidivism Act

By |Aug 12, 2014|Criminal Defense Law, DUI|0 Comments|

Tennessee has always had some of the strictest laws regarding DUI/DWI on the books. But in July of this year, the DUI Recidivism Reduction Act was officially passed into law. The aim of the Act is twofold: reduce the amount of repeat offenders crowding our county jails and prisons, and give those offenders the […]

Aug 5, 2014

FBI Errors May Have Gotten Some People Killed

By |Aug 5, 2014|Criminal Defense Law|0 Comments|

In 2012, the FBI and Department of Justice launched a massive investigation into 2600 cases – including 45 death row convictions – stemming from the 1980s and 1990s. But after finding evidence of flawed forensic information in 160 cases, the FBI shut the review process down. The Washington Post reports that “According to the […]

Jul 19, 2014

Implied Consent and Breathalyzer Tests

By |Jul 19, 2014|Criminal Defense Law, DUI|0 Comments|

When you are stopped for an alleged drunk driving charge, one of the first things the police officer asks you to do is to submit to a Breathalyzer (or Alco-Sensor) test. The question comes up constantly: Am I required to take the test, and what are the consequences of refusing?

The short answer is no: […]

Jul 8, 2014

In Tennessee, a DUI Requires a Motor Vehicle

By |Jul 8, 2014|Criminal Defense Law, DUI|0 Comments|

In certain parts of the country, you can receive a DUI / DWI for operating any kind of vehicle – including a bicycle. In Tennessee, however, DUIs are exclusive to motorized vehicles. This includes:

Riding a lawnmower

Riding a motorcycle

Riding a moped

Driving a car or truck

Riding a scooter

Driving an ATV

Driving a golf cart

So while having too […]

Jun 26, 2014

Supreme Court Rules Warrant Required to Search Cell Phones

By |Jun 26, 2014|Criminal Defense Law|0 Comments|

On Wednesday, the Supreme Court ruled in favor of new privacy laws, requiring police officers and law enforcement officials to obtain a warrant before searching criminal suspects’ cell phones or other small electronic devices. The unanimous 9-0 vote of the justices ruled smart phones and other electronic devices are not in the same category […]

Jun 25, 2014

Tennessee Requires Ignition Interlock Devices for All DUI Offenders

By |Jun 25, 2014|Criminal Defense Law, DUI|0 Comments|

In 2013, a drunk driver killed Tennessee Titans player Delanie Walker’s aunt and uncle. So, it’s no surprise that he was front and center at a press conference singing the praises of Tennessee’s new ignition interlock device law. The new Tennessee law that went into effect on July 1, 2013 allows DUI offenders a […]

Jun 24, 2014

Simple Assault v. Aggravated Assault

By |Jun 24, 2014|Criminal Defense Law, Violent Crimes|0 Comments|

When the Tennessee Bureau of Investigation put together its last report, they discovered that 57% of all crimes in Tennessee are committed against property. Theft and fraud top the list, though vandalism and arson make appearances as well. But from an individual standpoint, there were more cases of assault and aggravated assault than any […]

Jun 4, 2014

When Frat-House Pranks and Toga Parties Go Horribly Wrong

By |Jun 4, 2014|Criminal Defense Law|0 Comments|

Ah, college – a time for fun and freedom, with a little learning thrown in. For a lot of young men and women, college seems like a fun stop on the way to the “real” world of 9 to 5 jobs and utility bills. Whether you’re a UT Volunteer in Knoxville or a Blue […]