7 years for 6th DUI offender

Joseph Borger was sentenced to 7 years after pleading guilty to his 6th DUI and to violating the Habitual Motor Vehicle offender law. For each felony he receiver 3 1/2 years to be served consecutively. His sentences were affirmed in a decision of the Court of Criminal Appeals filed February 28th. Read about it at:

http://www.tsc.state.tn.us/OPINIONS/TCCA/PDF/111/State%20vs%20Joseph%20John%20Borger.pdf

NHTSA Manual may not be used for cross examination

In a decision posted on March 3rd, the CCA ruled that the NHTSA manual may not be used to cross examine an officer in a DUI Trial. The Court stated,

"Defense counsel may only use a manual to formulate questions for cross-examination; counsel may not use it to impeach the officer. To subject a “lay” witness, whose testimony by definition is based only upon facts observed, not about opinions or inferences, to cross-examination based upon a “learned treatise” in the same fashion an expert is subjected to cross-examination would be improper. See Cohen, et al., Tennessee Law of Evidence, § 7.01[4][a] ."

Read the State v Blair decision at:

http://www.tsc.state.tn.us/OPINIONS/tcca/PDF/111/State%20of%20Tennessee%20v%20Ronnie%20Wayne%20Blair.pdf

100% service for DUI conviction affirmed

In State v Hubbard, a March 3rd decision of the Court of Criminal Appeals, a sentence of 11 months 29 days in jail with 100% service was affirmed. Additional penalties that caused the sentence to last longer than 11/29 were reversed.

Read the decision at:

http://www.tsc.state.tn.us/OPINIONS/tcca/PDF/111/State%20of%20Tennessee%20v%20Benjamin%20Randolph%20Hubard.pdf

Former Judge burped 78 times to avoid breath test

George Korpita, 50, a former Municipal Judge in New Jersey was convicted and his conviction was affirmed for his 2nd DUI. He was also convicted for an implied consent violation after the police officer quit trying to get a sample after the former Judge burped 78 times. He quit burping when the officer charged him with refusal to test.
This guy is not a credit to his profession. Hopefully the Bar Association will consider taking action against his license to practice law.
Read about it at:

http://www.nj.com/news/index.ssf/2011/03/appeals_court_upholds_dwi_conv.html

Snorting Bath Salts

A Tennessee mother is facing charges in Kentucky for allegedly leaving her 2 year old child wandering in a highway median after snorting synthetic drugs marketed as bath salts. Doesn't it seem like any company producing these drugs and marketing them in this way needs to be sued for every penny they have made? How could they justify what they have done?
The Tennessee woman has entered a plea of not guilty. According to the Knoxville News Sentinel, her children have been removed by the State. Read about it at:
http://www.knoxnews.com/news/2011/mar/03/not-guilty-plea-entered-for-bath-salts-snorting/

Reducing Hardcore Drunk Driving

Kudos to the Century Council and Harvard University for a new collaborative effort to find ways to reduce repeat DUI offenses. Many repeat offenders have major metal illness problems as well as alcohol and drug addictions. Harvard and the Council are teaming up to study how the Courts can better assess the nature of the problem and address it. Read about these efforts and the problems the study will attempt to address at:
http://xa.yimg.com/kq/groups/12472582/1766958551/name/Harvard%20Medical%20Press%20Release.pdf

Wyoming Legislature votes to repeal Implied Consent law

The Senate and House in Wyoming have passed a law to repeal it's 50 year old implied consent law. It is going to the Governor for his signature. Read about it at:

http://billingsgazette.com/news/state-and-regional/wyoming/article_37545c12-7dba-5612-afe2-a6b50925de46.html