Crossville woman faces eleventh DUI charge after crash

It shocks me that a Knoxville attorney would look at this case and make a completely incorrect statement about how we count prior offenses in Tennessee. Our law establishes a 10 year look back period to see if there is a prior arrest and conviction in the last ten years. If the answer to that is yes, we look back 10 more, but never more than 20.

Crossville woman faces eleventh DUI charge after crash

This does not come through in this article. Of course, the attorney may have had only part of her description included in the article. I hope that is what happened.



Here is the law at 55-10-405:

(a) For the sole purpose of enhancing the punishment for a violation a person who is convicted of a violation of § 55-10-401
shall not be considered a repeat or multiple offender and subject to
the penalties prescribed in this part if ten (10) or more years have
elapsed between the date of the present violation and the date of any
immediately preceding violation of § 55-10-401 that resulted in a conviction for such offense. If, however, the date of a person's violation of § 55-10-401
is within ten (10) years of the date of the present violation, then the
person shall be considered a multiple offender and is subject to the
penalties imposed upon multiple offenders by this part. If a person is
considered a multiple offender under this part, then every violation of § 55-10-401
that resulted in a conviction for such offense occurring within ten
(10) years of the date of the immediately preceding violation shall be
considered in determining the number of prior offenses. However, a
violation occurring more than twenty (20) years from the date of the
instant violation shall never be considered a prior offense for that
purpose.

District Attorneys Focus On Emerging Criminal Justice Issues - Chattanoogan.com

It's good to work with the Tennessee District Attorneys General Conference. Read the article and you will understand why.




District Attorneys Focus On Emerging Criminal Justice Issues - Chattanoogan.com

8 year sentence for 18th DUI!

Charles R Zemp had 17 previous DUI convictions, including five felony convictions when he was arrested in Knox County in May, 2014. He had also been convicted as a habitual traffic offender felon six times. When convicted he received a sentence of four years for his DUI and four years for his habitual motor vehicle offender crime. The two sentences were ordered to run consecutively for an 8 year sentence.
His public defender argued the sentences were too great. He argued Zemp was "a very careful drunk driver". 
At his appeal the Defendant argued that his record of criminal activity was not actually extensive because it consisted almost entirely of motor vehicle offenses.


Here is the problem we face with recidivism in Tennessee. Defendants (and defense attorneys) seem to think their dangerous behavior is not criminal and that they should not be punished.


We will watch this case for further developments. Let's hope the Department of Corrections holds onto this guy for a while.

Congratulations Mark Mara and Darrell Julian

Lt. Mark Mara was recognized as a Drug Recognition Expert in the 31st Judicial District Circuit Court Monday at a hearing before Judge Stanley. The Prosecutor was Darrell Julian.

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

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

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