Hindman & Lanzon Hindman & Lanzon
Call for a Free Consultation
865-223-6450

April 2015 Archives

Can you contest a failed sobriety test?

After a stop for suspected drunk driving, a driver will likely be asked submit to a series of tests administered by law enforcement in order to determine the potential impairment of a driver. A failed sobriety test can ultimately result in arrest and charges of drunk driving. As with any test subject to human error, it is possible that these test results may be incorrect.

Right to Bond is Subject to Forfeiture

Bond or bail must be set, in some amount, for anyone charged with a non-capital crime in Tennessee. Charged individuals retain a legal presumption of innocence until there is a judicial determination of guilt. The Tennessee Supreme Court has recently decided that it is a right subject to forfeiture upon a violation of the conditions of bond. This reverses a contrary holding by the Court of Criminal Appeals in December 2014. The Supreme Court ruling, in State of Tennessee v. Latickia Tashay Burgins, E2014-02110-SC-R8-CO, determined that a trial court may hold a defendant without bond after a finding that the defendant has violated bond conditions. Of course, that finding does require an evidentiary hearing to ensure due process (and evidentiary rules for the proceeding are also defined in the Burgins opinion).

Right to Bond is Subject to Forfeiture

Bond or bail must be set, in some amount, for anyone charged with a non-capital crime in Tennessee. Charged individuals retain a legal presumption of innocence until there is a judicial determination of guilt. The Tennessee Supreme Court has recently decided that it is a right subject to forfeiture upon a violation of the conditions of bond. This reverses a contrary holding by the Court of Criminal Appeals in December 2014. The Supreme Court ruling, in State of Tennessee v. Latickia Tashay Burgins, E2014-02110-SC-R8-CO, determined that a trial court may hold a defendant without bond after a finding that the defendant has violated bond conditions. Of course, that finding does require an evidentiary hearing to ensure due process (and evidentiary rules for the proceeding are also defined in the Burgins opinion).

Right to Bond is Subject to Forfeiture

Bond or bail must be set, in some amount, for anyone charged with a non-capital crime in Tennessee. Charged individuals retain a legal presumption of innocence until there is a judicial determination of guilt. The Tennessee Supreme Court has recently decided that it is a right subject to forfeiture upon a violation of the conditions of bond. This reverses a contrary holding by the Court of Criminal Appeals in December 2014. The Supreme Court ruling, in State of Tennessee v. Latickia Tashay Burgins, E2014-02110-SC-R8-CO, determined that a trial court may hold a defendant without bond after a finding that the defendant has violated bond conditions. Of course, that finding does require an evidentiary hearing to ensure due process (and evidentiary rules for the proceeding are also defined in the Burgins opinion).

Repeated drunk driving charges in Tennesee topic of new bill

New legislation has been proposed in Tennessee with regard to the purchasing of alcohol after being convicted of DUI multiple times. The bill was introduced in February by Representative John Holsclaw. He stated that he hopes a new law will help reduce the number of repeated drunk driving offenses in the state.

Improperly Admitted Prior Consistent Statement Vacates Conviction

A prior consistent statement usually refers to an extrajudicial statement by a witness which is in agreement with something to which that witness has testified in court. Under evidentiary rules in Tennessee courts (the federal court rule on this subject is different), prior consistent statements of witnesses are generally not admissible. The reasoning for this is that finders of fact in judicial proceedings should primarily consider what the witness has said in court rather than considering the contents of out of court statements. But prior consistent statements may be used to bolster credibility if the credibility of the witness' statement is attacked in court. Even in that case, the statement should only be considered for purposes of evaluating the credibility of the in court testimony.

Improperly Admitted Prior Consistent Statement Vacates Conviction

A prior consistent statement usually refers to an extrajudicial statement by a witness which is in agreement with something to which that witness has testified in court. Under evidentiary rules in Tennessee courts (the federal court rule on this subject is different), prior consistent statements of witnesses are generally not admissible. The reasoning for this is that finders of fact in judicial proceedings should primarily consider what the witness has said in court rather than considering the contents of out of court statements. But prior consistent statements may be used to bolster credibility if the credibility of the witness' statement is attacked in court. Even in that case, the statement should only be considered for purposes of evaluating the credibility of the in court testimony.

Failed sobriety test leads to DUI arrest and other charges

A Tennessee man was arrested after a law enforcement officer pulled him over for making an illegal turn on Interstate 40. Upon approaching the vehicle and speaking with the driver, the officer reports that the man had blood-shot eyes and was displaying behavior that is often associated with intoxicated driving. After a failed sobriety test, the driver was arrested. 

Woman faces severe punishments in vehicular assault case

Tennessee readers may be aware of a case that has garnered a great deal of media attention in recent days. A woman from Blount County has been arrested after an incident in which two parked cars and a pedestrian were struck. Authorities allege that the woman fled the scene of the accident and was eventually discovered attempting to hide in a nearby doghouse. She now faces a range of punishments in the matter and has been charged with multiple crimes.

map map

Hindman & Lanzon
550 West Main Street
Suite 550
Knoxville, TN 37902

Toll Free: 866-383-1545
Phone: 865-223-6450
Fax: 865-521-6371
Knoxville Law Office Map