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.

DUI of ICE Storm Monday

Three persons were arrested for DUI on Monday, February 16, the day of the Ice Storm of 2015.
Keep in mind that the Governor had declared a state of emergency and most offices and businesses were closed. The three arrested, presumed innocent, were John Harmon, DUI 4th offense, Steven Singleton and Randell Beck. I don't know what these three were thinking, but fortunately they lived through the day and did not kill anyone.
Here is one of the affadavits:




On 02/15/2015 at approximately 2241 hours, VUPD observed a black four door vehicle traveling west bound on 21st Avenue South. That same vehicle ran the red signal light at 21st Avenue South and Medical Center drive. I initiated a traffic stop at 21st Avenue South and Dixie Place. I made contact with the driver and advised him of the reason for the stop. The driver was identified as ____. ____ had watery bloodshot eyes, slurred speech, and I could smell the odor of an alcoholic beverage coming off his breath. ____ admitted to drinking two beers and one mixed drink at Broadway Brewhouse earlier in the evening. I initiated Standardized Field Sobriety Tasks and ____ showed the following indicators: Four indicators on the Horizontal Gaze Nystagmus, Five indicators on the Walk and Turn, Three indicators on the One-Leg-Stand. _____ was taken into custody for Suspicion of Driving under the Influence. _____ was transported to the Criminal Justice Center for booking. _____ also submitted to a Breath Alcohol Test. The final result was .13.

Nashville DUI of the Day "Not going to make it easy"





February 18th was a cold and icy day. State offices were open. Schools were closed. Apparently liquor was available.

 

Defendant _____ WAS SEEN DRIVING HER VEHICLE IN THE AREA OF 1357 11TH AVE. SOUTH, AND AFTER STOPPING AND EXITING HER VEHICLE, APPROACHED POLICE (MNPD) THAT WERE INVESTIGATING A DOMESTIC VIOLENCE ASSAULT CASE. _____HAD A STRONG SMELL OF AN ALCOHOLIC BEVERAGE ON HER BREATH AND COMING FROM HER PERSON. ____’s EYES WERE BLOOD-SHOT AND WATERY AND HER PUPILS WERE DILATED. ____ TOLD MNPD THAT SHE DRANK ONE SHOT OF ALCOHOL. ____AGREED TO PERFORM THREE STANDARDIZED FIELD SOBRIETY TASKS AND SHOWED MULTIPLE INDICATORS OF INTOXICATION ON ALL THREE TASK. AFTER BEING READ THE TENNESSEE IMPLIED CONSENT LAW AND STATING THAT SHE UNDERSTOOD THE LAW AS IT WAS READ TO HER, ____ AGREED TO TAKE A BLOOD TEST BUT REFUSED TO SIGN THE 132C FORM. AFTER ARRIVING AT GENERAL HOSPITAL, ____ TOLD THE NURSE THAT WAS PREPARING TO DRAW HER BLOOD, THAT SHE'D CHANGED HER MIND ABOUT HAVING HER BLOOD DRAWN. _____ WAS CONVICTED OF D.U.I., ONCE IN 2008, AND ONCE IN 2013, AND MNPD EXPLAINED TO HER THAT A BLOOD DRAW IS WHAT THE LAW STATED WE MUST REQUEST OF HER, BASED ON HER PREVIOUS CONVICTIONS FOR D.U.I.S'. ____ THEN STATED, "THIS IS MY 3RD D.U.I., I'M NOT GOING TO MAKE IT EASY FOR YA'LL." SGT. ____ ALSO SPOKE TO ___ AND EXPLAINED THE LAW TO HER, BUT SHE STILL REFUSED TO HAVE HER BLOOD DRAWN. MNPD THEN SOUGHT AND OBTAINED A BLOOD SEARCH WARRANT ON ____ IN ORDER TO DRAW HER BLOOD. A STATE CHECK OF ____’s DRIVER'S LICENSE SHOWS THAT HER DRIVER'S LICENSE IS REVOKED BECAUSE OF HER 2013 D.U.I. HER RECORD ALSO SHOWS THAT SHE'S BEEN CONVICTED OF DRIVING ON A REVOKED DRIVER'S LICENSE ON AT LEAST TWO OTHER INCIDENTS. ____ WAS THEN TAKEN INTO CUSTODY.







Friday, February 13, 2015

DUI of the Day Feb 12: The Stumbler

ON THIS DATE OFFICER ____ INITIATED A TRAFFIC STOP AT ANDERSON RD/ BELL RD DUE THE FACT A HEADLIGHT WAS OUT.AND HE WAS SLOW TO STOP. AN ODOR OF ALCOHOL EXPELLED FROM HIS BREATH., DID NOT ADMIT TO DRINKING AND HE SAID HE WAS COMING FROM WORK. THE ARRESTING OFFICER ARRIVED ON THE SCENE OF THE TRAFFIC STOP. WHEN THE ARRESTING OFFICER ASKED THE DEFENDANT TO STEP OUT OF THE VEHICLE. THE DEFENDANT STUMBLED OUT OF THE VEHICLE AND AN ODOR OF ALCOHOL WAS DETECTED ON HIS BREATH. THE ARRESTING OFFICER ASKED THE DEFENDANT TO PERFORM THE FIELD SOBRIETY TASKS AT ANOTHER LOCATION. THE DEFENDANT WAS UNABLE TO MAINTAIN HIS BALANCE ON THE WALK AND TURN STAGE OF THE TASK AND STARTED TOO SOON BEFORE BEING INSTRUCTED. THE DEFENDANT WAS UNABLE TO KEEP HIS FOOT UP DURING THE ON LEG STAND. THE DEFENDANT WAS TAKEN INTO CUSTODY