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DUI Archives

Are DUI Checkpoints Legal?

New Year's Eve is a time when many law enforcement departments set up DUI checkpoints. Are these checkpoints legal in Tennessee? If so, what can you do to protect yourself if you are pulled over?

For the Third Consecutive Year, Tommy Hindman Selected Member of The National Advocacy for DUI Defense (NAFDD)

For the third consecutive year, Tommy Hindman was recognized by The National Advocacy for DUI Defense (NAFDD), LLC, an organization that awards the nation's best private Driving Under the Influence (DUI) lawyers.

120 Days in Jail For First Offense DUI Upheld on Appeal

Driving Under the Influence (DUI) is a misdemeanor in Tennessee when it is the person's first conviction of that crime. However, that doesn't mean it isn't serious. It can still result in significant jail time. In the recent case of State v. Christopher, E2012-01090-CCA-R3-CD (Tenn.Crim.App. 3-14-2013), the Tennessee Court of Criminal Appeals upheld the imposition of one-hundred and twenty days of jail (followed by the balance of the eleven month and twenty-nine day sentence on probation) for a defendant's misdemeanor first offense conviction.

120 Days in Jail For First Offense DUI Upheld on Appeal

Driving Under the Influence (DUI) is a misdemeanor in Tennessee when it is the person's first conviction of that crime. However, that doesn't mean it isn't serious. It can still result in significant jail time. In the recent case of State v. Christopher, E2012-01090-CCA-R3-CD (Tenn.Crim.App. 3-14-2013), the Tennessee Court of Criminal Appeals upheld the imposition of one-hundred and twenty days of jail (followed by the balance of the eleven month and twenty-nine day sentence on probation) for a defendant's misdemeanor first offense conviction.

120 Days in Jail For First Offense DUI Upheld on Appeal

Driving Under the Influence (DUI) is a misdemeanor in Tennessee when it is the person's first conviction of that crime. However, that doesn't mean it isn't serious. It can still result in significant jail time. In the recent case of State v. Christopher, E2012-01090-CCA-R3-CD (Tenn.Crim.App. 3-14-2013), the Tennessee Court of Criminal Appeals upheld the imposition of one-hundred and twenty days of jail (followed by the balance of the eleven month and twenty-nine day sentence on probation) for a defendant's misdemeanor first offense conviction.

Vehicle Stopped for Speeding/ DUI Conviction Affirmed

In a recent Henderson County DUI case,  (State v. White, W2011-02301-CCA-R3-CD (Tenn.Crim.App. 8-31-2012) the Defendant attempted to challenge a stop for speeding by using a land surveyor to analyze video, conduct measurements, and opine that the Defendant was not speeding. The surveyor noted power poles along the highway where the Defendant's vehicle had been traveling, measured distances between them, noted the time it took for the Defendant's vehicle to pass from one point to another, and calculated that the Defendant's vehicle was traveling within the speed limit. Unfortunately for the Defendant, the trial court was more convinced by the testimony of the police officer who testified the Defendant was indeed speeding. The trial court found the stop to be valid and the Defendant was subsequently convicted of DUI (though acquitted of speeding). The trial court's ruling was affirmed on appeal.

Vehicle Stopped for Speeding/ DUI Conviction Affirmed

In a recent Henderson County DUI case,  (State v. White, W2011-02301-CCA-R3-CD (Tenn.Crim.App. 8-31-2012) the Defendant attempted to challenge a stop for speeding by using a land surveyor to analyze video, conduct measurements, and opine that the Defendant was not speeding. The surveyor noted power poles along the highway where the Defendant's vehicle had been traveling, measured distances between them, noted the time it took for the Defendant's vehicle to pass from one point to another, and calculated that the Defendant's vehicle was traveling within the speed limit. Unfortunately for the Defendant, the trial court was more convinced by the testimony of the police officer who testified the Defendant was indeed speeding. The trial court found the stop to be valid and the Defendant was subsequently convicted of DUI (though acquitted of speeding). The trial court's ruling was affirmed on appeal.

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