Exigent circumstances is one of the exceptions to the requirement that a search be authorized by a warrant to be considered reasonable. But exigent circumstances arguments to draw blood without a warrant when a person is suspected of driving under the influence...
Local government takes more steps to fight drunk driving
Shelby County just got a substantial amount of money to fight drunk driving. Tennessee residents who live in the area should be aware of these new measures, as well as their rights if arrested for DUI. Government representatives have said that much of the money...
Tennessee driver faces drunk driving charges for the second time
A Tennessee man was recently arrested for alleged drunk driving after causing an accident. Upon arriving at the scene of the accident, police arrested the man for drunk driving because of certain indicators, as well as the statements of the other person involved in...
Closing Argument Not a ‘Golden Rule’ Violation
Closing argument in a criminal trial is an opportunity for each side to summarize evidence and a theory of the case. Closing argument is an important part of the trial and the last opportunity each side has to directly address the jury about the evidence and theories....
Woman charged with drunk driving, endangering unrestrained child
In Tennessee, drunk driving penalties escalate as the number of prior offenses increases. While a person who is charged with a first drunk driving offense has a reasonable chance of escaping jail time, this becomes virtually impossible for a conviction of a second,...
Reckless Driving: The Traffic Ticket That Is More Than A Ticket.
Some traffic tickets are more serious than others. One example is reckless driving, which is a Class B misdemeanor in Tennessee. A traffic offense such as speeding carries consequences such as points on your driving record, which could ultimately lead to higher...
Warrantless Search Ruled Unlawful
A warrantless search is presumed unreasonable. It may be reasonable and lawful though if one or more recognized exceptions apply. The prosecution has the burden of proving a recognized exception if the warrantless search is contested. One important exception is...
University of Tennessee freshman faces underage drinking charges
A football player who is a freshman at the University of Tennessee was recently arrested by Knoxville authorities. A police report indicates that the 18-year-old student was found on Interstate 40 early on a recent Sunday. He was reportedly running around the...
Breach of Plea Agreement Results in New Sentencing Hearing
Most criminal cases are resolved by plea agreement rather than trial. Plea agreements are a critical part of the judicial process. Given the temporal and financial resources expended for a jury trial (including the time expended by court staff, judges, attorneys,...
DUI campaign issued in Tennessee to crack down on drunk driving
With Labor Day just around the corner, Tennessee residents are likely already making their plans for the long holiday weekend. Many have already taken off work, bought hot dogs and hamburgers to grill and are preparing for a fun-filled weekend. It also likely means...
