A Nashville man had two DUI's pending in Court Tuesday. He pled to a DUI and a Reckless Driving charge. He also pled to an implied consent violation. He had to serve 48 hours in jail and lost his license for a year.
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.
Friday, January 28, 2011
Repeat offenders won't stop without help
Each prior DUI conviction increases an offender's future liklihood of being convicted for another DUI offense by 10% per year!
Source: NHTSA National DWI Sentencing Summitt at the National Judicial College March, 2004.
Source: NHTSA National DWI Sentencing Summitt at the National Judicial College March, 2004.
Study: 70% of inmates are on drugs
A Federal study including ten jails in different regions of the country has revealed disturbing news concerning drug use by people who are in jail. It appears to be more than a coincidence and tells those who work in the legal system what we already know. The use of illegal drugs is common amoung criminals and is often at the core of why people begin to committ crimes.
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:
http://www.startribune.com/local/west/114525364.html?elr=KArksUUUezH_MDC7Daa
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:
http://www.startribune.com/local/west/114525364.html?elr=KArksUUUezH_MDC7Daa
Thursday, January 27, 2011
Revoked, Suspended, Cancelled
On January 26, there were 70 violations written for people in Nashville for Driving on Revoked, Suspended and Cancelled Licenses and 10 more for people who had no Driver's License.
Apparently more than a few people don't care if they have a valid license.
Of course, all are presumed innocent until proven guilty.
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
Implied Consent Violations
In December 2010:
104 people arrested for DUI refused a breath or blood test.
27 of the offenders had prior DUI convictions
15 were arrested for DUI and there was evidence of drug consumption.
104 people arrested for DUI refused a breath or blood test.
27 of the offenders had prior DUI convictions
15 were arrested for DUI and there was evidence of drug consumption.
New DUI Decision
The Court of Criminal Appeals has released it's favorable decision in State v Sweeton. In it the Defendant complained about alleged discovery violations and the use of a prior conviction from Georgia.
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:
http://www.tsc.state.tn.us/OPINIONS/TCCA/PDF/111/State%20vs%20Wendell%20Wayne%20Sweeton.pdf
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:
http://www.tsc.state.tn.us/OPINIONS/TCCA/PDF/111/State%20vs%20Wendell%20Wayne%20Sweeton.pdf
Friday, January 21, 2011
Alcohol use curbed by anti-nausea medication
A study published in the American Journal of Psychiatry gives new hope for alcohol abusers who want help. The anti nausea medication Zofran appears to aid in cutting back the use of alcohol by affecting the pleasure center or the serotonin system of the brain.
This medical development combined with treatment, supervision and monitoring may help stop DUI recidivism in some offenders.
Read about this drug and the study at:
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