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Posts tagged "DWI"

Significant Win for the Defense on a Confrontation Clause Issue

The Constitution gives us the right to confront our accusers in a criminal case. In practical terms, this means that witnesses offering testimonial evidence against us in a criminal case must appear in court and be subject to cross-examination. The rule is the subject of much legal argument and a number of exceptions (such as whether the evidence is testimonial, whether the witness is available, and whether there has been a previous opportunity to cross-examine the witness). In the recent case of Bullcoming v. new Mexico, 09-10876 (U.S. 6-23-2011), the U.S. Supreme Court, reversing the Supreme Court of New Mexico, held that a forensic lab report in a DWI case was subject to challenge under the Confrontation Clause and inadmissible when the lab technician who created the report did not testify.

Significant Win for the Defense on a Confrontation Clause Issue

The Constitution gives us the right to confront our accusers in a criminal case. In practical terms, this means that witnesses offering testimonial evidence against us in a criminal case must appear in court and be subject to cross-examination. The rule is the subject of much legal argument and a number of exceptions (such as whether the evidence is testimonial, whether the witness is available, and whether there has been a previous opportunity to cross-examine the witness). In the recent case of Bullcoming v. new Mexico, 09-10876 (U.S. 6-23-2011), the U.S. Supreme Court, reversing the Supreme Court of New Mexico, held that a forensic lab report in a DWI case was subject to challenge under the Confrontation Clause and inadmissible when the lab technician who created the report did not testify.

Significant Win for the Defense on a Confrontation Clause Issue

The Constitution gives us the right to confront our accusers in a criminal case. In practical terms, this means that witnesses offering testimonial evidence against us in a criminal case must appear in court and be subject to cross-examination. The rule is the subject of much legal argument and a number of exceptions (such as whether the evidence is testimonial, whether the witness is available, and whether there has been a previous opportunity to cross-examine the witness). In the recent case of Bullcoming v. new Mexico, 09-10876 (U.S. 6-23-2011), the U.S. Supreme Court, reversing the Supreme Court of New Mexico, held that a forensic lab report in a DWI case was subject to challenge under the Confrontation Clause and inadmissible when the lab technician who created the report did not testify.

How to Refuse an Implied Consent Blood Test

Under Tennessee DUI law, anyone who drives a motor vehicle in this state is deemed to consent to testing to determine the alcohol or drug content of the person's blood. Tennessee Code Annotated 55-10-406. This is often referred to as the "implied consent law." Before directing such a test, a law enforcement officer must 1) have reasonable grounds to believe the person was driving under the influence; and 2) inform the person of the consequences of refusal. The law allows you to refuse the testing, subject to a penalty for doing so. The penalty is license suspension. If your license is already suspended due to a vehicular homicide offense or DUI, the penalty includes a fine and mandatory incarceration.

How to Refuse an Implied Consent Blood Test

Under Tennessee DUI law, anyone who drives a motor vehicle in this state is deemed to consent to testing to determine the alcohol or drug content of the person's blood. Tennessee Code Annotated 55-10-406. This is often referred to as the "implied consent law." Before directing such a test, a law enforcement officer must 1) have reasonable grounds to believe the person was driving under the influence; and 2) inform the person of the consequences of refusal. The law allows you to refuse the testing, subject to a penalty for doing so. The penalty is license suspension. If your license is already suspended due to a vehicular homicide offense or DUI, the penalty includes a fine and mandatory incarceration.

How to Refuse an Implied Consent Blood Test

Under Tennessee DUI law, anyone who drives a motor vehicle in this state is deemed to consent to testing to determine the alcohol or drug content of the person's blood. Tennessee Code Annotated 55-10-406. This is often referred to as the "implied consent law." Before directing such a test, a law enforcement officer must 1) have reasonable grounds to believe the person was driving under the influence; and 2) inform the person of the consequences of refusal. The law allows you to refuse the testing, subject to a penalty for doing so. The penalty is license suspension. If your license is already suspended due to a vehicular homicide offense or DUI, the penalty includes a fine and mandatory incarceration.

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