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Chattanooga DUI Lawyer

DUI Mug Shot Publication is Big Business

Imagine if after being arrested for a DUI you see your mug shot posted online or in print publications. This may cause embarrassment, and negatively impact your reputation and career prospects. Even if you are never convicted of the charge, you may still have to deal with businesses publishing your mug shot for profit.

"Just Busted" is a newspaper in Tennessee and other Southern states where readers can view mug shots of Tennessee DUI suspects and those charged with other crimes. Many would argue that it is unfair to publish pictures of the accused before they are proven guilty, but such publications generally have no concerns about the practice.

Mesothelioma and TV Advertising

Have you wondered why so many law firms are on television soliciting the unfortunate individuals and/or families who have been stricken with mesothelioma -- a deadly disease caused by exposure to asbestos? The answer is simple: 31 billion dollars. That is the estimated amount that has been set aside in trust funds to pay mesothelioma or asbestos victims. For the most part, the money in these trust funds comes from the bankruptcies of numerous companies that mined, made, sold, or used asbestos or asbestos-containing products.

What Penalties Might You Face if Convicted of DUI in Tennessee?

There can be serious consequences, both legally and financially, if you are convicted of drunk driving in Tennessee. Whether you have been charged with your first DUI, or have had multiple Tennessee DUI offenses, it is important that you are aware of all the potential penalties you may face.

First time offenders:

  • Minimum jail time of 48 hours
  • $350 to $1,500 fine
  • License revoked for one year
  • 24 hours of Public Works (unless a documented medical condition then can substitute community service at another designated charity/organization)

Second time offenders:

  • Minimum jail time of 45 days
  • $600 to $3,5000 fine
  • License revoked for two years/may apply for restricted license after one year
  • Your vehicle may be seized

Tennessee Drunk Driving Proposal Sent to Governor

A bill that would stiffen penalties for those convicted of DUI when a passenger under the age of 18 is in the vehicle has been sent to Governor Haslam for his consideration.

The proposal, sponsored by Rep. Tony Shipley (R), has already received strong support from both chambers. Last month, the measure was unanimously passed in the Senate with a vote of 32-0. Earlier this week, the bill (HB 2751) also unanimously passed in the House by a vote of 94-0.

Those stopped for drunk driving with minors in their vehicles are already treated more harshly under Tennessee laws. As of January 2012, if a driver is stopped for DUI in Tennessee and a minor under the age of 16 is in the vehicle, the officer is required to take a blood alcohol test of the driver. If a person is convicted of DUI in Tennessee with a person under the age of 18 in the vehicle, the driver receives a mandatory minimum sentence of 30 days of incarceration and a minimum $1,000 fine.

Bill Mandating DUI Blood Tests in Tennessee Passes House

A bill recently passed the Tennessee House which would allow judges to compel drivers to take a blood test if they refuse to take a breath alcohol test at the time of arrest. The vote on the bill was 52-33, just two more votes than the required number to clear the chamber.

Currently under Tennessee's implied consent law, any driver in the state is deemed to have implicitly consented to a blood alcohol content (BAC) test. If police suspect a driver of drunk driving, and he or she refuses to take a blood or breath test, the driver may be found in violation of Tennessee's implied consent law. This is a civil forfeiture rather than a criminal offense. The penalty is a loss of driving privileges for a year, or possibly longer if a driver has past DUI convictions.

Why Not Wait to Hire an Attorney Right Before the Court Date?

For a variety of reasons many DUI-accused individuals wait too long to hire an attorney to represent them in court. In this blog entry, we will try to give several explanations as to why you should immediately contact a lawyer as soon as you are released from jail. (See also the earlier article on our website by Jerry H. Summers as to how you should choose an attorney.)

1. Photo evidence of the route you were traveling when you were "blue lighted" (reason for stop) by law enforcement may be critical as to whether they had a legal basis to check you out and pull you over. Road changes by construction can make this evidence unavailable and later inadmissible.

2. Photos as to the location where you agreed to take field sobriety tests (FSTS) upon the request of the officer (you are not required to submit to any field sobriety tests, only to breath or blood tests at the discretion of the officer). The National Highway Safety Transportation Administration (NHSTA) training manual, which is the "bible" for the training of law enforcement officers in DUI cases, requires that they be performed on a "flat, level, dry surface by a person not over sixty years of age or fifty pounds overweight" in order to be valid.

Nashville DUI Arrests on the Rise

Despite having less financial resources for enforcement, the Tennessee Highway Patrol (THP) and Metro police have significantly increased the amount of people arrested for DUI. So far this year, Metro police have arrested 918 individuals for DUI compared to 632 during the same period in 2011.

The increase in Tennessee DUI arrests is occurring even though each night there are about 20-30 fewer police officers on patrol for impaired drivers. The budget used to pay for extra-duty officers was slashed from one million to $399,000.

Alcohol-Sensing Technology in Vehicles on the Horizon

Your car already notifies you if you wear a seatbelt, but consider if your vehicle also monitored how much alcohol you consumed. The federal transportation bill in the Senate is calling for over $30 million in funds to be designated towards research for alcohol-sensing technology in cars over the next several years.

Already many states, including Tennessee, use ignition interlock devices. These devices are used in some more serious Tennessee DUI cases, and require a driver to blow into the device before starting the vehicle. If the device detects a high blood-alcohol content the vehicle will not start.

Preliminary Hearing- Waste of Time?

In McKeldin v. State, 516 S.W. 2d 82 (1974), Justice Joe Henry of the Tennessee Supreme Court stated, "Every criminal lawyer's 'worth his salt' knows the overriding importance and the manifested advantage of a preliminary hearing. In fact, the failure to explore this golden opportunity to observe the manner, demeanor, and appearance of the witness for the prosecution to learn the precise details of prosecution of a case, and to engage in a happy event sometimes known as a 'fishing expedition' would be an inexcusable dereliction of duty, and the majority of cases."

Rule 5 of the Tennessee Rules of Criminal Procedure outlines the right to have a preliminary hearing in our state.

Jerry Summers believes it is legal malpractice to waive a preliminary hearing in General Sessions Court...except under extraordinary circumstances.

The United States Supreme Court in Coleman v. Alabama (1970) and the Tennessee Supreme Court in McKeldin have both held that a hearing in a lower court "is a critical stage of the judicial proceedings" wherein the accused is entitled to the effective assistance of counsel and other constitutional guarantees.

Collateral Consequences of a DUI Arrest/or Conviction in Tennessee

Most everyone who has had a DUI or knows someone who has had a charge or conviction is aware of the legal punishments for first and subsequent enhanced convictions. However, there has been little discussion of the collateral consequences of being convicted or even charged with a DUI. The purpose of this blog entry is to touch that issue:

     1.  DUI convictions can never be expunged (deleted) from your permanent record with law enforcement agencies and are subject to open record laws. (The ten year backup rule to be charged as an enhanced offender does not apply.);

     2.  "Just Busted" is a convenience store tabloid that has developed a lucrative business in Tennessee and Georgia by purchasing (or obtaining) mug shots of all persons arrested on any charge, including DUI's, and printing said photos in their weekly publication. A maxim of "innocent until proven guilty" is often overlooked by those reading the latest edition. Many individuals have had their lives and/or careers affected by this unfavorable publicity, even if they are later found not guilty of the charges;