Friday, January 28, 2011
How did he respond to this hard lesson?
On Thursday, he was arrested for another DUI. He gave an insufficient sample for a breath test and then during a blood test, he pulled the needle out of his arm.
More than a few of these inmates were probably driving a car under the influence of drugs every day, before they were incarcerated.
Read about the study in the Minneapolis Star Tribune by clicking on the link:
Thursday, January 27, 2011
Apparently more than a few people don't care if they have a valid license.
Of course, all are presumed innocent until proven guilty.
Monday, January 24, 2011
Discovery and Brady claim:
1) The officer scratched notes on a notebook and then transferred the information to his report. The Defendant claimed the State had withheld evidence by failing to produce the pocket notes. The Court said otherwise.
2) During cross examination the Defense brought up the idea that the signs of impairment might have been from a medical condition. During re-direct, the officer testified that the jail intake medical form was completed and the defendant denied any medical conditions. The Defendant complained that the State had not provided the jail intake form in it's discovery response.
The Court stated that the Defense attorney would have known about the medical intake form, if he had investigated his case and interviewed his clint. The Court wrote: "A brief conversation between defense counsel and the appellant would have revealed that the appellant did not have any medical conditions that would impair his performance on the field sobriety tests and that the appellant had filled out a form attesting that he did not require medical attention at the time of booking. “[T]he State is not obliged to make an investigation or to gather evidence for the defendant.”
3) The Court found the 10 page document from Georgia sufficient to prove a prior Georgia conviction. Read the entire case at:
Friday, January 21, 2011
There were also some things he did not know. He did not know that the Trooper and other officers would look for him through the woods and pursue him like beagles chasing a rabbitt. He did not know that citizens would see him and sahre the information with the Trooper. He did not know that DUI Prosecutor, Darrell Julian, would prosecute him through a jury trial. He did not know that running doesn't always work!
Once Ralph was convicted, his history was taken into account. As a Range 2 felon, he recieved four years for each of three crimes to be served consecutively.
Read the case at:
For instance, in South Dakota, multiple offenders are ordered as a condition of bond to abstain from alcohol and report twice daily to take a breath test to show they are in compliance. They call that the 24/7 program.
A Court may know of a good out patient alcohol program and refer a multiple offender to attend the program for monitoring and help with an alcohol addiction.
A Court may trust a caring parent to control an adult child living at home and may help them with electronic monitoring or some sort of phone check in plan.
The point is that the list is not exclusive. Those setting bonds need to look at each individual case and respond to the situation. There is no cookie cutter that works for every situation.
Thursday, January 20, 2011
This matter is before the Court upon the Petition of the Defendants for a Writ of Certiorari and Supersedeas and to declare as unconstitutional the amendments relating to DUI bonds, which became effective January 1, 2011. Based upon the stipulation of the parties and the arguments of counsel and the entire record in this cause;
It is hereby ORDERED, ADJUDGED and DECREED that the Magistrates shall not set any open court bonds on persons charged with a multiple offense DUI or have a pending DUI charge regardless of whether or not the Magistrate deems the defendant to be a danger to the community.
It is further ORDERED that the Magistrates shall set a reasonable bond considering all the statutory factors set forth in T.C.A. 40-11-118 and 40-11-148.
It is further ORDERED that the Magistrates shall give particular consideration to the issue of whether the defendant is a danger to the community and, if it is determined that the offender is a danger to the community, then the Magistrate shall require as a condition of the bond the appropriate monitoring device as set forth in T.C.A. 40-11-118 and 148 as amended.
It is further ORDERED that the defendant shall be released on bail notwithstanding the unavailability of the device, with the defendant being advised that they are to report to the General Sessions Court Probation Department no later than 12:00 P.M. the next business day to have the monitoring device installed and / or activated.
It is further ORDERED that all other matters are reserved pending further Orders of the Court.
Entered this 19th day of January, 2011
Mark J. Fishburn, Judge
Criminal Court, Div. VI
Wednesday, January 19, 2011
Monday, January 17, 2011
Friday, January 14, 2011
We have made provisions to provide TRICOR with the form. The form that TRICOR has does not contain the words, "Tennessee Highway Patrol" on it. It does however contain the words, "Tennessee Department of Safety" on it. County and municipal law enforcement agencies can order the form directly from TRICOR. They also have the option of personalizing the form to contain their agency name. If they desire to use the form, they should contact TRICOR at (615) 350-3100 ext. 3241 and place an order.
It should not be a suprise that we have had 14 deaths on our roadways as comapred to the 32 deaths we had suffered up to this date last year. Mother Nature probably had more to do with that than any program or particular effort by any particular crime-fighters. Thank Mother for her help.
Now go get that fender repaired and the salt washed off your car as it warms up this weekend. Watch out for the party on wheels that will be out this weekend after suffering from cabin fever all week! Stats show 1 in 7 drivers are impaired between 10:00 p.m. and 5:00 a.m on weekend nights. This weekend it may be 1 in 4! Be careful and drive with extra caution.
Friday, January 7, 2011
Wednesday, January 5, 2011