Fatal Crash Data for the nation

The 2016 numbers are out and they are not good!

https://www.nhtsa.gov/press-releases/usdot-releases-2016-fatal-traffic-crash-data

State v. Jacumin has been over-turned by the Tennessee Supreme Court!

The Tennessee Supreme Court has adopted the totality of the circumstances test, as defined by the United States Supreme Court decision in Illinois v. Gates, 462 U.S. 213 (1983). The former two-pronged test used in Tennessee for assessing the reliability of information for probable cause determinations, known as the Aguilar-Spinelli test, has been abandoned in favor of the Gates test. The totality of the circumstances test is a much more elastic test and may have a profound impact on current and future court cases across the state!

STATE OF TENNESSEE v. JERRY LEWIS TUTTLE

M2014-00566-SC-R11-CD  (Tenn. April 5, 2017)

Driver Declared Imminent Hazard After 2 Alcohol-Related Arrests - News - TruckingInfo.com

Prosecutors,



This is an example of what your partners at the Federal Motor Carrier Safety Administration can do for us, when they receive the information they need! Tom





Driver Declared Imminent Hazard After 2 Alcohol-Related Arrests - News - TruckingInfo.com

Ten Year Sentence for a Poly-Drug Vehicular Homicide in Hamilton County

Earlier this month, a Hamilton County Grand Jury returned indictments against Russell Edward Stephens for vehicular homicide and reckless aggravated assault. Stephens pleaded guilty in Hamilton County Criminal Court in front of Judge Barry Steelman. Stephens will be serving a ten year sentence for vehicular homicide for killing Brenda Boren in a head-on crash in April of 2015. Boren was sitting in the back seat when the crash occurred.  

Stephens had Meth, Methadone and Xanax in his system when the fatal crash claimed Brenda Boren's life.

The full story can be viewed at:

http://www.timesfreepress.com/news/local/story/2017/jan/31/intoxicated-driver-serve-10-years-killing-68-year-old-woman-head--collision/410482/

Kingsport Drugged Driving Arrest

Eight months after a driver veered into oncoming traffic, the driver has been indicted after the lab tests were returned.  To read more about this incident, go to:

http://www.timesnews.net/Law-Enforcement/2017/01/12/KPD-Man-arrested-for-drug-impaired-crash.html?ci=featured&lp=1&ti=

Mr. Kimball Goes to Washingtom

I have accepted a position as the Director of the National Traffic Law Center. I will be starting in my position at the National District Attorneys Association on January 23rd. As such, I will be posting on this site less often, but occasionally.
Traffic Safety Resource Prosecutor Barry Williams and my future replacement will be the new moderator(s).
I will be watching........

Keep up the great work protecting lives on our roadways.

First Days

The year has begun. Titan reports no fatal crashes on Jan 1 or 2. There have been a total of 646 crashes with 193 injuries on the first two days of the year.  Be mindful of wet, slick roads. Check the air pressure in your tires and make sure your headlights shine. Stay safe for a great new year.

Crashes with Drugs Present November 2016

In November 2016 there were 278 crashes on our roadways which involved the presence of drugs.
Nine resulted in fatalities. 149 resulted in a total of 204 injuries.
Drugs and Driving do not mix!

Johnthony Walker has Court Date Postponed until December 15, 2016

Johnthony Walker, appearing next to his attorney, Amanda B. Dunn, requested a continuation of his court date to December 15, 2016. All parties agreed to this date change. Walker's new date is set for December 15, 2016 in the General Sessions Court of Judge Lila Statom.

http://www.tennessean.com/story/news/2016/11/29/hearing-delayed-driver-charged-fatal-chattanooga-school-bus-crash/94594048/

Chattanooga

The horror of the bus crash in Chattanooga yesterday fills my heart with grief. I cannot begin to imagine how so many families will recover. I hope and pray that all our systems will respond appropriately so that justice and healing can eventually occur.

Distracted Driving

There is an excellent article in the New York Times concerning how distracted driving has expanded and is killing us on the roadways. Please read it at :

http://nyti.ms/2eW0eU9

Now put down the devices and stay safe!

Public Safety Suffers Another Loss as Three New States Legalize Recreational Marijuana

The Washington Post (story link below) tallied three new states as amongst those states that have added their weight behind the collective effort for marijuana legalization. California, Nevada, and Massachusetts have now given their stamp of approval to recreational marijuana and in other disturbing news: Florida, Arkansas, and North Dakota have given approval for medical Marijuana initiatives. Voters in Montana pushed-back the current restrictions on medical marijuana to round-out the evening as a victory for pot.


https://www.washingtonpost.com/news/wonk/wp/2016/11/08/medical-marijuana-sails-to-victory-in-florida/

Tennessee Adopts a Good-Faith Exception to the Exclusionary Rule

In the Corrin Kathleen Reynolds case, the Tennessee Supreme Court has adopted a good-faith exception to the exclusionary rule. Although the Tennessee Supreme Court held that the warrantless blood draw of Ms. Reynolds violated her Fourth Amendment of the United States Constitution and Article I, section 7 of the Tennessee State Constitution right to be protected from unreasonable searches, the Court none-the-less adopted a good-faith exception to the exclusionary rule as set-forth in the U.S. Supreme Court case of Davis v. United States, 564 U.S. 229 (2011). The Tennessee Supreme Court further held that any evidence taken from a defendant and tested should not be suppressed if it was obtained under a reasonably, objectively good-faith reliance on precedent.

STATE OF TENNESSEE v. CORRIN KATHLEEN REYNOLDS
No. E2013-02309-SC-R11-CD

.

60 minutes tackles the marijuana legalization controversy

A recent story on 60 minutes discussed marijuana votes and the Colorado experience. Here are a few highlights:

1) The Governor says, WAIT for more data before considering joining the experiment;
2)More babies are being born with marijuana in their system, which is harmful to the developing brain. Their mothers indicate they did not know it was a problem for the baby;
3)Marijuana effects brain development up to about age 30;
4) The black market and organized crime are thriving;
5) Most Colorado counties have voted to ban marijuana production. The biggest producer is Pueblo County. There is a ballott measure in that county this year to ban production there.

Watch the story at:
http://www.cbsnews.com/news/60-minutes-five-states-to-vote-on-recreational-pot/

Chattanooga Challenges

Read the story at:
http://newschannel9.com/news/local/chattanooga-police-face-major-challenges-enforcing-dui-laws

to see and understand how frustrating it is for law enforcement officers, who want to be able to do more to save lives on our roadways, but can't due to budgets. When I was the DUI Prosecutor in Chattanooga back in 2000, there was an active DUI unit in both the Chattanooga police department and the Hamilton County Sheriff's office. There were about four officers in each agency looking for impaired drivers during prime times on Thursday, Friday and Saturday nights.
They were so effective and our DA's office was so effective, that impaired people started looking for other ways to get home from bars that did not involve driving.  Officers were having a hard time finding impaired drivers, because the word had spread in the bars that the likelihood of getting caught and convicted was very high.
Now, things have regressed. Drinkers will not change behavior if they don't fear getting caught.  People die when impaired drivers far outweigh the number of officers on the road.

Man Convicted of Vehicular Homicide in Knox County

 

On October 27, 2016, Judge Steve Sword sentenced Steven Dare Steelman, Jr. to thirty-two years, after a jury found him guilty in September of this year of Aggravated Vehicular Homicide, Vehicular Assault, Reckless Endangerment, Driving under the Influence, Third Offense, Driving on a Revoked License, and Failure to Provide Evidence of Financial Responsibility. Steelman killed his ten year old son and severely injured his nephew in the November 23, 2014 crash in Knox County, Tennessee.

 

Assistant District Attorneys Joe Welker and Greg Eshbaugh showed proof of Steelman’s numerous felony convictions, allowing Judge Steve Sword to enhance Steelman’s sentence.

Great job Joe Welker and Greg Eshbaugh!

Austin Peay Students killed in crash

A Georgia man with a previous DUI has been charged in this tragic situation. Meanwhile, two families are left to greive.


http://fox17.com/news/local/austin-peay-university-freshman-among-two-killed-in-dui-crash-in-clarksville

Victim Training and MADD Night of Remembrance

We are honored to team with MADD to conduct a training concerning communications with victims on December 8-9 and attend the Night of Remembrance on the evening of the 8th.  If you are a prosecutor interested in the information and CLE credits, please contact Sherri.

Driver charged after crash kills 2 people in Clarksville

Driver charged after crash kills 2 people in Clarksville: A man was charged with vehicular homicide after an early morning crash killed two people from Clarksville.

DUI 3 Driver hits pedestrians. Kills one; Injures another

HENDERSONVILLE, Tenn. (WKRN) – A Hendersonville man is facing his third DUI charge after he hit two pedestrians, killing one on Saturday.

Chris Solomon, 43, is expected to be charged with DUI, two counts of leaving the scene of an accident with injuries, one count of vehicular homicide and one count of vehicular assault.

According to police, he hit two pedestrians at 1:30 p.m. as they were walking along Donmond Drive near Air Float Drive.

Witnesses on the scene told News 2 the couple, who appeared to be in their 30s, had just bought chairs from a yard sale. They were reportedly going back to pick up the second set of chairs when they were hit.

“Sounded like he hit something substantial and I ran out to see what it was and found the people laying in the road and he was already gone,” a neighbor told News 2.

The man was taken to an emergency room in Hendersonville, and the woman went to the ER at Vanderbilt University Medical Center.

Police told News 2 the male victim passed away from his injuries late Saturday night.

According to police, Solomon did not stop after hitting the pedestrians. Authorities caught up to him inside his car a few blocks away.

Solomon was taken into custody and booked into the Sumner County Jail on a $300,000 bond.

Read the full article at:

http://wkrn.com/2016/10/15/2-pedestrians-critically-injured-in-hit-and-run-crash-in-hendersonville/