Archive for category Tennessee DUI Penalties
Are Reductions Routine in 1st Offense DUI Cases?
Posted by Sara Compher-Rice in DUI First Offense Penalties, Frequently Asked Questions, Hiring a Tennessee DUI Attorney, Tennessee DUI Penalties on April 13th, 2010
Most new clients we meet have the incorrect preconceived notion that as long as they have never been in trouble before (no convictions, no traffic tickets, etc.), the State will simply agree to reduce the pending DUI 1st Offense to something such as a Reckless Driving. In reality, a person’s prior criminal history, or lack thereof, is seldom relevant to the case unless the person is convicted and facing sentencing.
Over the past several decades, the trend in our society has been toward harsher penalties and more conservative laws for driving under the influence. A recent story in the ABA Journal highlights one reason that prosecutors are hesitant to be lenient on the punishment for DUI offenders. DUI prosecutors often state that they cannot reduce a DUI, even if just a first offense, because the defendant may then go out and repeat the behavior of driving while impaired, endangering the lives the community. This exact scenario, as reported by the ABA Journal, recently played out in Maryland. However, rather than striking and injuring a citizen at large, the defendant in question struck and injured a retired Maryland County Judge and his wife. The same Judge had previously shown leniency to the defendant, suspending his DUI sentence (meaning he did not have serve any time in jail).
Accounts such as these provide prosecutors, state legislators and private organizations (such as MADD) with the ammunition needed to justify the “no tolerance” trend toward DUI offenders. Unfortunately, although each Driving Under the Influence case is quite unique and bears individual scrutiny to determine whether a reduction is appropriate, many jurisdictions are pushing for convictions in all cases under the assumption that the defendant will re-offend.
This trend only highlights the importance of selecting a qualified attorney to handle your DUI case. Never assume that you can handle the case yourself or hire the cheapest lawyer you can find because you are assured a reduced charge due to your clean record. Do your homework and hire the very best DUI defense attorney that you can afford. For more information on how to select a Tennessee DUI attorney, click here. For information about a Tennessee DUI charge, you may contact Steve Oberman or Sara Compher-Rice at (865) 249-7200.
Tennessee Licensees Should Beware of Out of State Convictions
Posted by Sara Compher-Rice in DUI Penalties, Tennessee DUI Consequences, Tennessee DUI Penalties on November 19th, 2009
Anytime a Tennessee resident is charged with a crime in another state, it is wise to consult with a Tennessee lawyer to determine any Tennessee consequences that may be experienced as a result of an out of state conviction. This is especially true when charged with Driving Under the Influence (DUI, also often referred to in other states as a DWI, OUI, OWI, etc.).
When facing a conviction out of state, your lawyer and even the judge pronouncing judgment are required to inform you of certain consequences of the conviction. However, they are generally not required and are unlikely to inform you of any action the state of Tennessee may take against you as a result of a conviction. Accordingly, it is imperative that you consult with an experienced Tennessee DUI lawyer who can properly advise you. You should contact a Tennessee DUI attorney as soon as you can. Oftentimes, waiting to contact a DUI attorney in Tennessee until after you have been convicted is too late.
DUI Charge Reduced to Reckless Driving
Posted by Steve Oberman in Court Procedures, Frequently Asked Questions, Hiring a Tennessee DUI Attorney, Tennessee DUI Consequences, Tennessee DUI Penalties on November 18th, 2009
We are often asked by clients charged with the offense of Driving Under the Influence of an Intoxicant (DUI, DWI, OWI) about cases where others have had a DUI offense amended to the offense of Reckless Driving by plea agreement. A plea agreement in theory means that the defendant pleads guilty or complies with some other requirements such as payment of a fine or court costs, performance of volunteer community work, etc., in return for an agreed upon disposition.
Most plea agreements are compromise dispositions to avoid the uncertainty and expense of a hearing and/or trial. Any plea agreement must be approved by the presiding judge to be certain the plea agreement is justified by the facts as applied to the law. If not, the judge may reject the plea agreement. Some of the factors reviewed by a prosecutor (in no particular order) include the:
- Facts of the case surrounding the arrest;
- Nature of the offense involved;
- Anticipated credibility of the prosecution witness(es);
- Anticipated credibility of the defense witness(es); and
- Skill level of the defense attorney.
Accordingly, where the facts justify an amendment from the offense of DUI to the offense of Reckless Driving, a plea agreement is reached between the parties to conclude the case in that fashion. Agreements may range from a set punishment on a plea by the defendant to the offense charged, to the prosecution dropping the case entirely.
Readers of this blog should understand that the only reason cases are amended is when the prosecution believes it has a reasonable chance of losing the case. Obviously, the more the prosecution believes it will lose the case, the better the plea agreement that will be offered to the defendant. The prosecution does not want to waste time or effort attempting to convict somebody when the chances of doing so are minimal. Plea agreements are not made on the basis of other factors such as relationships or friendships between the officers, lawyers or judges. Accordingly, a defendant should be wary of hiring a DUI attorney who makes such promises.
Tennessee DUI Laws on “Let’s Talk Law with Steve Oberman & Sara Compher-Rice”
Posted by Steve Oberman in DUI Penalties, Frequently Asked Questions, Tennessee DUI Consequences, Tennessee DUI Information, Tennessee DUI News, Tennessee DUI Penalties on August 27th, 2009
Tune in to WNOX-FM 100.3 NewsTalk 100 this Sunday, August 30, 2009, when Steve and Sara will be discussing the topic of “Tennessee DUI Laws.” You can also listen live via the web by visiting http://www.wnoxnewstalk.com.
We encourage you to call during the show with your questions about the DUI laws in Tennessee by dialing (865) 656-TALK (8255) or (800) 951-TALK (8255). U.S. Cellular and AT&T Wireless customers can also place a free call by dialing *100. If you prefer, feel free to post your questions and/or comments here on our blog. We will review the blog before the show and attempt to answer your questions on the air.
Does a “designated driver” owe a legal duty to aid or protect intoxicated passengers?
Posted by Steve Oberman in DUI Penalties, Frequently Asked Questions, Tennessee DUI Consequences, Tennessee DUI Penalties on June 1st, 2009
This question came before the Tennessee Supreme Court in 2008. In this case, Downs ex rel. Downs v. Bush, 263 S.W.3d 812 (Tenn. 2008), the mother of a Ryan Downs, a passenger in the bed of his friend’s pick up truck, filed a wrongful death complaint against several of her son’s friends when Ryan, after becoming intoxicated, exited the bed of the truck, ran onto the highway, and was struck by two vehicles, causing Ryan’s death.
The Tennessee Supreme Court considered whether Mr. Downs’ friends had a special duty to aid or protect Mr. Downs because of their close relationship as best friends and roommates. The Court held that the law did not impose any special relationship upon the friends of the deceased by virtue of this relationship.
Furthermore, the Court ruled, in the first case of this kind to be brought before the Court, that the “designated driver” did not owe Mr. Downs any special legal duty more than the customary duty to exercise reasonable care when driving the vehicle. The Court ruled against Mrs. Downs’ argument that a designated driver was required to take affirmative action to keep intoxicated passengers inside the passenger compartment of the vehicle and to ensure that the intoxicated passenger is not abandoned in a position of peril along the journey. Instead, the Tennessee Supreme Court ruled that the public was better served by encouraging individuals to serve as designated drivers rather than adopting a policy that could potentially discourage the practice.
To rule otherwise, the Tennessee Supreme Court would have impliedly discouraged designated drivers and left persons who were intoxicated or otherwise under the influence of drugs and/or alcohol to drive under the influence, thus committing the criminal offense of Driving Under the Influence (DUI) in violation Of Tennessee Code Annotated section 55-10-401. While the facts of this case cause one to be very sympathetic toward the family of the deceased, it is Mr. Oberman’s opinion that the Tennessee Supreme Court made the correct decision.
Can My Tennessee DUI Conviction be Erased from My Record?
Posted by Sara Compher-Rice in Tennessee DUI Penalties, Uncategorized on January 26th, 2009
A typical misconception in our society is that criminal convictions, including Tennessee DUI convictions, can be erased from a criminal record. Tennessee law allows for a charge to be expunged, or erased, from one’s record only if the charge has been dismissed. The passage of time alone, even for years, will not be sufficient to allow for expungement under Tennessee law. This is why it is so important to obtain the best possible representation as soon as possible after a DUI, traffic or other criminal charge has been brought against you. Once convicted, the record of that conviction remains on your criminal history forever - possibly causing the loss of job opportunities, and affecting one’s ability and or the rates of life and health insurance.
Once a charge is dismissed (whether by agreement, acquittal a ”no true bill” or executive clemency), specific procedures must be followed to request expunction of public records relating to the arrest. To ensure that the proper procedures are followed, one should retain a lawyer to assist with the process. The process, however, can take up to 12 weeks due to the necessity of obtaining the necessary approval of the prosecution, the judge, and the various law enforcement agencies involved.