Wednesday, March 25, 2015

DRIVING IN THE CAR WASH BLUES

With apologies to the late, great Jim Croce, who penned the great lyrics to "Working in the Car Wash Blues"...
An impaired driver has shut down a car wash, because he was too drunk to wait in line. Here is the story as it appeared on Cleveland.com:


At 1:35 p.m. March 16, a driver waiting behind two other cars at the Finish Line Car Wash, 33060 Solon Road, suddenly accelerated his vehicle striking the car in front of him, which in turn struck the car in front of it.
The car of the driver who caused the accident then veered off the car wash tracks and into equipment inside the establishment. One of the motorists struck believed he had suffered an injury.
The offending driver, a Solon man, 61, was arrested for OVI. He took a breath test and was found to have a blood-alcohol level of .143.
The man was also charged with failure to control his vehicle. The car wash will be closed for an extended period of time as repairs are made.

Monday, March 23, 2015

DUI Crashes 2015

  Between Jan 1 and March 23, 2015, there have been 400 crashes in which a driver was charged with DUI. These crashes have resulted in 530 total injuries and 2 fatalities. Source: Titan Crash Data





Friday, March 13, 2015

General Assembly may ban Alcohol sales to DUI 3rd offenders


Tennessee lawmakers have spent a lot of time trying to come up with legislation to reduce the number of people driving under the influence.
A bill passed through a Senate subcommittee would ban people convicted of a third drunken driving offense from buying alcohol for 10 years or longer.
Law enforcement officers said people arrested for a third time are often people with a serious drinking problem. The bill would make it harder for these people to buy alcohol.


Read more: http://www.wsmv.com/story/28416444/bill-would-impose-harsher-penalties-on-repeat-dui-offenders#ixzz3UHTdmtK9

Wednesday, March 11, 2015

Fees for Blood Tests Challenged by Chattanooga attorney

In an interesting twist, attorney Jerry Summers, has objected to the fee paid to the labs who conduct blood tests in DUI cases. Currently the lab receives $250 as a fee to offset costs, if the driver is convicted of the crime.

I wonder who will end up paying for these tests, if he is successful. My guess is that the lab would then have to be funded by tax dollars paid by all of us who do not get convicted of DUI. Read about it at:



Higher court to rule on constitutionality of DUI fee law - WRCBtv.com | Chattanooga News, Weather & Sports

Monday, March 9, 2015

First Degree Murder and DUI

A McMinn County driver, allegedly impaired by drugs including methamphetamine, has been charged with first degree murder. The driver had two unrestrained child passengers, one of whom was killed. One of his charges was aggravated child neglect. Aggravated child neglect occurs when there is child neglect resulting in the death of a child under the age of eight. First degree (felony) murder occurs when aggravated child neglect results in death. No culpable mental state is required for a felony murder conviction.
The jury question in the case will probably be whether the failure to restrain a child is neglect.
Read about the case at:
http://www.knoxnews.com/news/watchful-eye/mcminn-county-couple-indicted-in-crash-that-killed-one-son-critically-injured-other_35634380

Thursday, February 19, 2015

Florida lawyer checkpoint advice

Everybody is asking me whether the Florida lawyer on You Tube has found a way for people to go through checkpoints without lowering a window.
If the lawyer was in Tennessee, he would be doing a great disservice to the public.
Sobriety Checkpoints in Tennessee have been found to be constitutional. The driver is stopped and temporarily detained. In Tennessee drivers are not usually asked for a license, registration or proof of insurance in a sobriety checkpoint. They are checked for sobriety.
An officer will order the driver to lower the window, so he can smell alcohol or marijuana, better see the driver's eyes and determine if the driver needs to be checked out for suspicion of DUI.
If the driver refuses, the officer will begin writing a ticket for a violation of:


T. C. A. § 55-8-104
§ 55-8-104. Compliance with lawful orders or directions of police officers
(a) No person shall willfully fail or refuse to comply with any lawful order or direction of any police officer invested by law with authority to direct, control or regulate traffic.
(b) A violation of this section is a Class C misdemeanor.



As with all tickets, if the driver refuses to sign the ticket, the driver has to be arrested and brought before a judge or magistrate for a bond. This can take a while!


This means the person who refuses to lower the window could end up spending hours instead of seconds at a sobriety checkpoint. Of course, if the person cooperates, the officer can turn the ticket into a warning and let the person go on his/her way.
The point of all this is, the officers are only there to try to deter impaired driving to keep us all safe. The 30 seconds in takes to pass through a checkpoint is a small sacrifice as compared to a lost life, if they don't catch the impaired drivers.
What do you care about? Support the life saving efforts of your local police. The life they save may be your own.