Wednesday, December 28, 2011
The opinion affirming the conviction can be read at:
Thursday, December 22, 2011
Wednesday, December 21, 2011
Wednesday, December 14, 2011
Tuesday, December 13, 2011
Monday, December 12, 2011
Several Nashville riders, including members of the family of this biker, mounted a campaign shortly after the crash to persuade legislators to ban tractor-trailers longer than 30 feet from using the Dragon.
Read the article at:
Tuesday, December 6, 2011
Wednesday, November 30, 2011
Tuesday, November 29, 2011
Knight apologized during the hearing, but called his crime an "accident". It is no accident to drive with a .20 Blood alcohol level.
Read the article at:
The lesson should be clear. Wearing a seat belt can save your life AND keep you out of jail!
Read the CCA affirmation of the seat belt traffic stop in State v Osbourne at:
Wednesday, November 23, 2011
Monday, November 21, 2011
Court decisions in Tennessee adopted the 4 part test of California v Schmember, a 1966 decision of the U.S. Supreme Court more than a decade ago. The 4 part Schmerber analysis is:
1) There is a clear indication (probable cause) that evidence of intoxication;
2) Exigent circumstances exist to forego the warrant requirement;
3) The test selected is reasonable and competent; and
4) The test is performed in a reasonable manner.
See State v Jordan 7 SW3d 92 1999 Tenn Crim App
Read and watch the coverage on Channell 9 in Chattanooga at: http://www.newschannel9.com/news/new-1006675-repeat-law.html
Friday, November 18, 2011
Read the article about how Derrick Kirk killed Jeff Walker and is now headed to a parole hearing and see if it makes any sense to you. Read it at:
NASHVILLE, Tenn. - Tennessee is one of two states that get to test out a new federal plan to make the roads safer.
The Tennessee Governor's Highway Safety Office is partnering with the U.S. Department of Transportation, the National Highway Traffic Safety Administration and Tennessee law enforcement agencies for the plan.
The new campaign, called "More Cops, More Stops", will work to reduce drunk driving, boost seat belt use, and crack down on speeding and distracted driving.
Officers will target more roads by creating extra DUI check-points and beefing up staff. There will be extra officers on the roads patrolling through Thanksgiving.
More details will be released at a press conference at the Bicentennial Capitol Mall State Park. It starts at 1:00 p.m. Friday.
Nearly one-third of those killed on Tennessee's highways during 2009 involved drunk drivers. Sixty percent of people killed in crashes in Tennessee during 2009 were not wearing their seatbelts.
Wednesday, November 16, 2011
Thursday, November 10, 2011
Wednesday, November 9, 2011
Monday, November 7, 2011
The authors indicate that the dangerous effects from close games is associated with testerone and alcohol. They suggest a cooling down period for fans to lessen aggressive driving.
Read more at:
Alcohol purchased per person in Tennessee in 2007 amounted to:
28 gallons, broken down as 200.9 cans of beer, 7.9 bottles of wine and 1.4 gallons of spirits.
We were behind Utah, Kentucky and Arkansas.
The Drunkest States were: New Hampshire, Nevada, the District of Columbia, Montana and Wisconsin.
New Hampshire has long cold winters and mud season. Nevada has Vegas. D.C. has politicians and lobbyists, Montana is too dang cold and Wisconsin has Milwaukee. No suprises there!
Wednesday, November 2, 2011
Read more: http://newsok.com/stronger-dui-law-starts-tuesday-in-oklahoma/article/3618537#ixzz1cb1OiViB
* these are preliminary statistics as some injured persons may still pass away.
Friday, October 28, 2011
Not every child is careful. They are excited and full of candy. They can run out into a roadway in an instant. This is not a weekend for taking risks in a car. If you party, find a sober driver to get you home.
Read about the situation in the Knoxville News Sentinel at:
Orlando Rodriguez was convicted of vehicular homicide by recklessness as an accomplice.
Ironically Santos had been found incompetent to stand trial due to brain damage.
Read about the decision at:
The driver, Randy Sedy, 45, admitted drinking one beer and a fifth of vodka. He pled guilty to vehicular homicide by intoxication, leaving the scene and 3rd degree assault and is facing a maximum penalty of 4 1/2 years. Sedy would have faced 15-25 here for the aggravated vehicular homicide alone.
Read about it at:
Tuesday, October 25, 2011
Read it at:
Monday, October 24, 2011
Tuesday, October 18, 2011
See the video (after an ad) on ABC NEWS at:
Monday, October 17, 2011
"Detective Tarlecky could see the driver and passenger, who were African-American males, and he testified that “their eyes opened as big as saucers when they saw us and the vehicle just jerked back off on to . . . the roadway.” He stated that the turn back on the road “was a startled movement. They had looked down and saw us and they abruptly turned back . . . It caught our attention the way they did it.” The white Crown Victoria continued across the Bledsoe Creek bridge, then turned into a church parking lot, turned around, and slowly drove back by the boat dock area again. Detective Tarlecky got in his vehicle, activated its emergency lights, and initiated a stop of the Crown Victoria."
The Court ruled that: "In the present case, the officers had reasonable suspicion to make a brief investigatory stop based on these factors: the location (a boat dock area connected to criminal activity in that it contained a car stolen the night before), the fact that the stolen car had not been completely stripped of valuable parts, the abrupt and evasive behavior of the Crown Victoria’s driver, the startled and suspicious demeanor and appearance of the occupants that was directly observed by Detective Tarlecky, and the fact that the occupants matched the general description of the suspects as described by the BOLO dispatch."
Read the entire decision at:
Read more about it in the Sydney Morning Herald at:
Friday, October 14, 2011
Wednesday, October 12, 2011
This defendant and all others are presumed innocent, unless proven guilty. It is disturbing that a Representative would be in the news in this way. It is also disturbing that he refused a breath test. It will be interesting to see any fall-out on the Hill.
Tuesday, October 11, 2011
Friday, October 7, 2011
Tuesday, October 4, 2011
Friday, September 30, 2011
Tuesday, September 27, 2011
Wednesday, September 21, 2011
The Court stated,
"Although field sobriety tests lack the scientific precision of a breathalyzer test, the field sobriety tests, in combination with the other evidence in this case, support the Defendant’s conviction. The Defendant’s performance on the field sobriety tests was graded by a four year professionally experienced deputy, who was specially trained to administer field sobriety tests and detect drivers who are under the influence of an intoxicant. Also, the Defendant refused to take a breathalyzer test. Moreover, the Defendant failed to give a reasonable explanation for speeding and running a red light other than intoxication.Furthermore, the Defendant acknowledged he had consumed one beer and smoked marijuana that evening. "
Read the case at: http://www.tncourts.gov/sites/default/files/ownbyopn.pdf
Read about it in the Cleveland Daily Banner at:
Tuesday, September 13, 2011
Monday, September 12, 2011
Thursday, September 8, 2011
Wednesday, September 7, 2011
Friday, September 2, 2011
Thursday, September 1, 2011
Monday, August 29, 2011
Perhaps a driver with the guts to drag race on a city road should have the guts to face the consequences.
The vehicle that fled was a flat red color and may have been a Mazda, possibly a '90s model, with a decal on the rear which said “Zoom, Zoom." It is not known whether the driver was male or female.
The idiot who was racing with a 2 year old in the car was lifeflighted with the 2 year old to Vanderbilt Hospital. He will be facing the consequences in the near future.
Read more about this example of irresponsible idiocy in the Clarksville Leaf Chronicle at:
Tuesday, August 23, 2011
I think most of us recognize that running a red light is a crime and most of us were not raised to commit crimes. Red light runners are dangerous and they kill over 900 people per year in the United States. So, my message is consistent with the Coalition. Don't run red lights. It is the law for a reason.
The video is at:
Monday, August 22, 2011
Read about it in the Tennessean at:
Something about the math and the danger does not add up.
Read the story at:
Friday, August 19, 2011
Tuesday, August 16, 2011
The driver, Percy Thompson, lost control of his car, spun out and hit a car in which a three year old child was killed. Thompson pled guilty Monday and was sentenced to 11 years for vehicular homicide by intoxication and one consecutive year for leaving the scene. Thompason had a Blood Alcohol Content of .23.
Friday, August 12, 2011
Wednesday, August 10, 2011
She had a BAC level of .24 when she slammed into 24 year old Dustin Ledford last year. A Wal Mart security camera captured the last 10 minutes of his life.
Dustin's mom has been a proponent of a change to the aggravated vehicular homicide law in the Tennessee General Assembly. She plans to continue her effort to strengthen the law.
Read about the case at:
Our friends at NHTSA are trying to put a new and greater emphasis on this situation to save some children from a horrible fate.
Read about the NHTSA efforts and remember that a hot car effects a child more seriously and more quickly than an adult.
Tuesday, August 9, 2011
In the Sevierville newspaper a story is told about two young men who allegedly ran into a woman on a horse with their cars. The woman suffered injuries. The horse died. The young men kept going. The young men are presumed innocent. Eventually the Courts will sort out any culpability issues. In the meantime we should remember our great responsibility to care for one another in times of need. Never accept that leaving a crash scene is anything less than immoral and horrible!
Read about the case at:
Friday, August 5, 2011
Thursday, August 4, 2011
Bachmeier had an expired North Dakota license. The story makes no mention of any sunburn.
Read about this judgment impaired individual at:
Please keep the victims and their families and friends in your thoughts and prayers.
Read more at:
We don't win them all. Things happen. For instance one former Nashville DUI officer is facing felony charges and he will not be called as a witness in cases in which he made the arrest.
My point was and is that one aspect of our efforts as prosecutors must be to do what we can to prevent unneccessary delay. In Hamilton County more than one lawyer took pride in trying to make cases last two or three years. One lawyer would tell his client they would have to plead guilty, but he would tell them when. Then if an officer was killed, retired or got fired, he would strut into court to collect his dismissal. Delay benefits the defense. We simply have to monitor it and try to prevent it.
I believe prosecutors know that. I don't know how many other people realize it. Some things posted here are for the benefit of people who have never been prosecutors. There are way too many DUI crimes committed and prosecutors have the burden of trying to convict the guilty to protect the public. It is a hard job and we should always honor all who perform this mission on a daily basis.
Wednesday, August 3, 2011
Tuesday, August 2, 2011
Meanwhile four cases were bound over and sent to the grand jury.
Two have been delayed more than 10 months and have court dates set later this year.
The wheels turn slowly. Delay is the defendant's best friend. We'll keep watching and see how the cases delayed by a year turn out. In the meantime I hope our prosecutors will try to eliminate unneccessary delay, so that the guilty are convicted and those not guilty are not.
Friday, July 29, 2011
Ortiz-Brito has been charged with DUI and driving without a license and is currently being held in the Davidson County Detention Center on an Immigration and Customs Enforcement detainer, since Davidson County participates in the 287g program to identify illegal immigrants who committ crimes.
We hope and pray Deputy True recovers completely.
Once again the Court acknowledges, by it's ruling, that stationary videos pointed directly forward don't see all that the human eye can see. A person can turn his head, look to the side, look down and look up. A video mounted on a dashboard cannot. The Pack sentence of 180 days to serve was affirmed.
Read the case at:
Congratulations to Brentwood officer Stan Boyd and ADA Kelly Lawrence for their recent conviction of a synthetic cannabinoid DUI offender. The driver had smoked "incense" and was impaired. The TBI tox screen came back negative. The blood sample was then sent to NMS labs in Pennsylvania, a private toxicology lab that has the capability to test for synthetic cannabinoids. The result came back as positive for JWH-250, which confirmed the officer's observations. JWH-250 is found in “Spikey XXX Gold,” “Pandora Aromatic Potpourri,” “Ed Hardy Legal Earth” and dozens more. The products are made by spraying the active chemicals on perfumed and crushed plant leaves, stems and petals, then smoking the “incense” in a cigarette or water pipe. Read about the NMS lab press release about testing for these chemicals at:
Congratulations to Brentwood officer Stan Boyd and ADA Kelly Lawrence for their recent conviction of a synthetic cannabinoid DUI offender. The driver had smoked "incense" and was impaired. The TBI tox screen came back negative. The blood sample was then sent to NMS labs in Pennsylvania, a private toxicology lab that has the capability to test for synthetic cannabinoids. The result came back as positive for JWH-250, which confirmed the officer's observations.
JWH-250 is found in “Spikey XXX Gold,” “Pandora Aromatic Potpourri,” “Ed Hardy Legal Earth” and dozens more. The products are made by spraying the active chemicals on perfumed and crushed plant leaves, stems and petals, then smoking the “incense” in a cigarette or water pipe.
Read about the NMS lab press release about testing for these chemicals at:
Thursday, July 28, 2011
Tuesday, July 26, 2011
David Carachure, Don Bond, James Pivacek, Joshua Baber, Carolene Welsh, Jason A. Jones (not the Titan), Torrey R Buckley.
Two were in crashes without injuries. Two were driving at night without lights. One was speeding. One had 3 child passengers. One attempted to bribe the officer and then tried to knee him in the groin. One was stopped for speeding.
All are presumed innnocent. None should be very happy with themselves today. Fortunately, no one injured or killed anyone this time.
Monday, July 25, 2011
It was a very bad night for a family travelling from Florida to their Kentucky home. They get no protection of their rights when an impaired driver is on the road. We hope they recover completely. Read about it at:
She had previously had a wreck when she was under the influence of valium and she opened the door to a cross examination that included her prior crash.
Read it at:
York had the misfortune of having to stop, because another driver ran off the road and the road was blocked for a tow truck. When an officer went up to the stopped cars to inform people of the problem, he found the intoxicated defendeant behind the wheel.
Read the decision at:
Read about it at:
Thursday, July 21, 2011
Tuesday, July 19, 2011
He apparently had several other priors in other States. Read about the trucker, who is presumed innocent here:
Read about it at:
Sunday, July 17, 2011
Wednesday, July 13, 2011
A 35 year old Jackson, Tn woman was stopped in the Atlanta area driving 90 mph. She was arrested for DUI and told the officer he would lose his brains in a future traffic stop. It's bad enough that people like this do this in our own State, now they are exporting stupidity!
Tuesday, July 12, 2011
Monday, July 11, 2011
This year the law was amended, so the court did not have to make a determination of danger. The court is required to determine if the offender needs to be restricted, while on bond.
An article in the Chattanooga Times Free Press claims that the law has been fixed, citing a defense lawyer who claims the origional law was unconstitutional.
The only "fix" to the law is that the court no longer has to determine if the offender is dangerous. The court still determines if the driver needs to be restrained by conditions on his bond. Let's hope that courts don't decide to abrogate their duties and ignore the need for bond conditions for multiple offenders. This article makes it sound like the law went away! It did not. Multiple offenders are still dangerous. They make up less than 1% of the population and are involved in 44% of the traffic fatalities (NTSB). Bond conditions are still neccessary for many, if not all of them. Read the article that misses those points at:
The good news is that is the fewest to die during the holiday since 1998. To all the law enforcement officers who worked tirelessly during this period to save lives, thank you. Read the Dept of Safety news release at:
Friday, July 8, 2011
WKRN in Nashville featured the arrest of this gentleman, who is presumed innocent, but facing an uphill battle after crashing into a house.
Thursday, July 7, 2011
Wednesday, July 6, 2011
Read the story at:
Tuesday, July 5, 2011
There is nothing as controversial as naming a school district in the Wall of Shame this time!
Get up to date on new laws, new decisions from the judiciary and other important items relating to traffic safety.
Thursday, June 30, 2011
Wednesday, June 29, 2011
Read about it at:
The new law can be read at:
Thursday, June 23, 2011
The full report is available at:
Wednesday, June 22, 2011
Read the decision at:
Monday, June 20, 2011
Thursday, June 16, 2011
In Cookeville an impaired driver slammed into a patrol car at 1:30 in the morning. Officer Jamey McCurry sitting in the parked car was not injured. The car did not do so well.
Wednesday, June 15, 2011
Tuesday, June 14, 2011
Monday, June 13, 2011
Thursday, June 9, 2011
Read the new case released on June 8th at:
Congratuations Assistant District Attorney Brooklynn Martin.
Tuesday, June 7, 2011
Follow the story at the Tennessean at:
Monday, June 6, 2011
Read and watch the news about it at Wisn.com at this link:
Read an article about it at:
We have posted on our website the forms neccessary to visit Canada after a DUI conviction.
The best idea for those who want to travel across the border is pretty simple: Don't Drink and Drive!
Friday, June 3, 2011
Thursday, June 2, 2011
Wednesday, June 1, 2011
Friday, May 27, 2011
I hope M.P.D. catches the idiots who did this and that they pay the price for their crime. As too many drag racers often do when they maim or kill, they left the scene and left this young man to suffer.
Read about it on the Channell 3 news at:
Read the Knoxville News Sentinel report at:
Friday crashes in 2009: 26,840
Next worse: Humpday, Wednesday 23,391
Thursday: 23, 017 beat out Tuesday by one: 23,016
Saturday was one of the least dangerous days with 20,930 crashes.
The safest day for a drive: SUNDAY: 16,412.
There are 39% fewer crashes on Sunday than Friday. Draw your own conclusions!
The five with highest crash rates by percentage of drivers aged 65-114 in 2010:
Wednesday, May 25, 2011
Friday, May 20, 2011
Unfortunately, two people were killed in two separate car accidents here in Chattanooga on Wednesday evening.
One was killed when one car struck another in the rear. In the other accident, witnesses said that the car was speeding and that the driver was not paying attention as the car went off the road and killed the driver.
These accidents typify the causes of accidents we see in court daily. People are speeding, they are following too close, and they are not paying attention.
Folks, please slow down, stay way back from the car in front of you, and keep your eyes on the road. Please do not talk on cell phones or dial on them while you are driving. Do not text while you are driving. Do not look at a GPS system while you are driving, but keep your eyes straight ahead on the roadway.
Thursday, May 19, 2011
Officer Martin was a 20 year Marine and a member of the Germantown P.D. swat team.
He is survived by a wife and daughter. Please keep Officer Martin and his family in your thoughts and prayers and allow extra time for motorcycles to pass, merge and turn.