Officers from the police department’s DUI Unit will be joined by troopers from the Tennessee Highway Patrol in staffing a sobriety checkpoint Friday night, August 17, into the early morning hours of Saturday, August 18, on West End Avenue east of I-440. So far this year, 22% of all fatal crashes in Nashville (9 of 41) have involved impaired drivers. Blood alcohol test results are pending in more recent traffic fatality cases. … [Read more...]
NASHVILLE DUI CHARGES INCREASE OVER MEMORIAL DAY WEEKEND
May 24, 2012 by
Over the Memorial holiday weekend, Metro Nashville Police Department, the Tennessee highway patrol and other local law enforcement agencies intend on setting up checkpoints around frequently traveled areas each evening over the weekend. Examples of common DUI checkpoints in Nashville typically include checkpoints along West End Avenue, Hillsboro Road, and Broadway. This weekend has historically proven itself to be one of the deadliest weekends throughout the year, with more fatal car accidents than any other holiday. Nearly 50% of all traffic related fatalities involve alcohol as a … [Read more...]
What happens when I go to court in Tennessee?
March 2, 2012 by
For those who have been arrested or received criminal citations for the first time, going to court can be a scary thought. Simply not knowing what will happen or understanding how the courts work will cause you stress. What happens after I am arrested/receive a citation for a criminal offense in Tennessee? After receiving a citation or being arrested for a criminal offense, you will be booked. When booked, the arresting agency will gather information about you, including your birthdate, home address and will take you photographs and fingerprints. If you are arrested, the booking process … [Read more...]
Scientists and legal scholars study ‘moral luck’
November 21, 2011 by
What can the structure of the human brain teach us about criminal law? Psychologist Fiery Cushman asks us to consider the following. Hal and Peter drink together in a bar. After becoming intoxicated from consuming identical amounts of alcohol, they drive separate cars home. Each man loses control of their car on an icy road. Hal’s car runs into a tree. Peter’s car hits a little girl and kills her. Hal will face some driving-related sanctions. Peter, on the other hand, has committed a homicide and will probably serve some time in prison. Why should two accidental outcomes of identical … [Read more...]
Technology and its impact on the Fourth Amendment
September 21, 2011 by
By Timothy P. O'Neill Let's set the Wayback Machine to 1983. You are in a law school classroom and are discussing a brand new U.S. Supreme Court case, U.S. v. Knotts, 460 U.S. 276 (1983). The professor says, "This case holds that police use of a beeper to track a suspect's car to a drug lab is not a search under the Fourth Amendment. In order for police activity to constitute a search, it must intrude on the person's reasonable expectation of privacy. Here the car was always on public streets; theoretically, any person could have viewed the suspect's movements. Use of the beeper only aided … [Read more...]
Court takes on Fourth Amendment exclusionary rule
September 20, 2011 by
September 9, 2011 By Timothy P. O'Neill Timothy P. O'Neill is a professor at The John Marshall Law School. He was a finalist for the 2010 "Peter Lisagor Award" for Exemplary Journalism in the area of Commentary. Let's talk about "The Biggest Loser." No, not the TV show. I want to talk about what Linda Greenhouse referred to as "The Biggest Loser" of the 2010 term of the U.S. Supreme Court: the Fourth Amendment. From a defense perspective, the result was scorched earth. For openers, the government won all three Fourth Amendment cases. Justice Samuel Alito wrote two of the … [Read more...]
Nashville Criminal Attorneys Explain: Reckless Driving in Tennessee
August 11, 2011 by
What is Reckless Driving in Tennessee? In Tennessee, you can be charged with reckless driving if you have driven a vehicle with a willful or wanton disregard for the safety of other people, or property. In addition, anyone who drives a motorcycle with the front wheel off the ground and in willful or wanton disregard for the safety of others can be charged and convicted of reckless driving. What is the Punishment for Reckless Driving in Tennessee? Reckless Driving in Tennessee is a Class B Misdemeanor, punishable by up to 6 months in jail and fines not to exceed $500. How fast do I … [Read more...]
Nashville DUI Attorneys Explain: Don’t want to do jail time for 1st DUI in TN?
July 27, 2011 by
Generally, a first offense DUI conviction requires a minimum of 48 hours jail, in addition to the fines, court costs and the loss of your driver’s license. For most law abiding citizens the thought of ANY jail time is a scary thought. There is an alternative to jail time for a DUI first in Tennessee. In Tennessee, first time DUI offenders in Nashville (or any other city which has a population great than 100,000) can perform 200 hours of community service work instead of 48 hours of jail. Count it – 5 full work weeks. That’s a lot of community service, however that option is … [Read more...]
NASHVILLE DUI ARRESTS INCREASE
July 22, 2011 by
Metro Nashville police recently released a statement indicating they have been provided additional funding through the Governor’s Highway Safety Office which has allowed them to use extra duty police officers to target individuals suspected of driving under the influence. The department reports that the extra duty police officers have arrested over 400 people this year charged with DUI in Nashville. The Metro Nashville DUI Unit has arrested 689 people charged with DUI. It is expected that the officers will continue targeting DUI arrests in high crime areas as well as areas known for DUI … [Read more...]
Nashville Criminal Attorneys Explain: Entrapment in Tennessee
June 20, 2011 by
Entrapment is now a valid defense in Tennessee, based on the premise that “public policy demands a purity of government and its processes which does not exist when law enforcement, in effect, manufactures the crime and the criminal as opposed to preventing the crime and apprehending the criminal.” (See State v. Jones, 598 S.W.2d at 216; State v. Shropshire, 874 S.W.2d at 638.) The defense of entrapment did not exist in Tennessee until the 1980 Tennessee Supreme Court Decision in State v. Jones. In 1989 the Legislature set out the defense of Entrapment in Tenn. Code Ann. § 39-11-505 … [Read more...]
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