You see them in the courtroom; they quietly tap away at their keys.  They do not say much, if anything at all. Who are these people and what are they doing there?  These ladies and gentlemen are court reporters. If you have been accused of a crime, they are your heroes and you did not even realize it.

In many cases, court reporters are fundamental to protecting a defendant’s rights.  At first you may wonder why court reporters are so important.  You, the attorneys, and the judge are all present.  Everyone hears the same thing.   After all, there can only be one truth.  Sadly though, that is not so.  While it is true that all lawyers and judges are charged with abiding by the rules of ethics and the law, we are only human.  More ears present do not always lead to a more accurate story; it may lead to a contentious argument.  That is where the court reporter comes in.  They are in the thick of the proceedings and are stationed as close to the testifying witness and the judge as possible.  This prime position allows court reporters to hear each word and record the proceedings fairly and accurately.  This is part of your record.  This is where you look to appeal a decision or place the case in the right perspective for the judge.  This is a life raft without which many a defendant would be sunk.

Contrary to popular opinion, a court reporter will not always be present.  Depending on the case, your attorney may advise you to hire your own court reporter. Court reporters are generally not present to record the proceedings in misdemeanor criminal cases (crimes with a maximum punishment of less than one year), or in civil cases.  In felony cases where the minimum punishment is one year or more, the State provides a court reporter at no cost to the defendant.

At times, attorneys develop a working relationship with particular court reporters.  They trust each other and work well as a team.

So, what does a court reporter do and how do they do it?  The New York Times attempted to demystify the court reporter with a question and answer session from June 16, 2010 - June 18, 2010.  One of the most obvious questions that one may have is how do they keep up with everyone when they speak so fast?  According to a seasoned federal court reporter, the machine they use is called a stenotype.  Unlike a traditional key board, a stenotype has a limited number of keys; only main consonant and vowels.  In order to type entire words, court reporters must press multiple keys to form certain letters and spell out a word.  Furthermore, they must create their own form of shorthand for long phrases, often used during trial proceedings.  For instance, ladies and gentlemen of the jury is “LAIJS.”

Essentially, court reporters must go to school to learn an entirely different language.  They also have to learn how to operate and care for their machines on top of becoming lightning-fast typers.  All of the costs for the training and the machines come out of their own pocket. So the next time your attorney advises you that you should retain a court reporter, consider the training and hard work of these men and women. They deserve everyone’s respect and appreciation.

For more information on court reporters in Tennessee, click here.  To speak to an attorney regarding any criminal matter, feel free to contact Steven Oberman or Sara Compher-Rice.

The sweet smell of vanilla can send many of us back to our mother’s kitchen.  Whether she was baking cookies or cake, maybe even pancakes, she probably used vanilla extract.  For many cooks, vanilla extract is a pantry constant and they would not be caught dead without a bottle.  Believe it or not, though, some people abuse vanilla extract.  In fact, cooking extracts along with other common household items may be abused by alcoholics.

WATE TV News reported on July 2, 2010 that Germantown’s Ms. Kelly Moss was arrested on charges of DUI and refusing a blood alcohol test.  The police reportedly found Ms. Moss slumped over her steering wheel. You may be wondering, “What does this have to do with vanilla extract?”  Everything.  Ms. Moss had no alcoholic beverages in her possession.  Indeed, the police did not accuse her of consuming any; she was found with diet cola cans and partially empty bottles of vanilla extract.

It could have been a perfect recipe for a vanilla cola, but Ms. Moss’s history makes it more likely than not that she was attempting to become intoxicated from the high alcohol content in vanilla extract.  On July 7, 2010, CBS reported that this was Ms. Moss’s third DUI arrest.  Vanilla extract is 35% alcohol per volume. Ms. Moss apparently mixed the extract into diet cola.  Witnesses stated that they became concerned when her vehicle jumped a curb.  That incident, along with her inability to walk, slurred speech, and partially empty extract bottles, gave the police probable cause to arrest her.  We cannot know all of the particulars in this case.  Yet one thing seems clear, anyone who resorts to abusing common household items such as extracts, cleaners, cough medicine, or mouthwash to become intoxicated needs help.

No one should abuse substances.  Even vanilla extract, in large amounts, can 1) make you sick and 2) intoxicate you.  The mere fact that a substance is not an alcoholic beverage does not make it safe to consume in large amounts.  Abusing extract and the like do not make one less of an alcoholic.  Also, those who believe that drinking extract until impaired and then driving precludes a DUI charge are misguided and misinformed.  If you, or anyone you know abuses these substances, encourage them to seek the help immediately.

For more information on substance abuse treatment programs in Tennessee, click here.  For assistance with a DUI related legal matter, please contact the Oberman and Rice Law Firm. Steven Oberman and Sara Compher-Rice are available 24 hours a day to assist you with your legal matter.

Imagine, you are stuck in bumper to bumper traffic. It’s hot. It’s been a long day. I bet you are thinking, “Man, I sure wish I could watch commercials right now.”

No? Well, if you live in California, soon you may not have a choice. The Los Angeles Times reported on June 28, 2010, that the California legislature had proposed a fix for an ever increasing budget deficit: digital license plates.  These license plates would look like a traditional plate but have the ability to flash ads across the face of the plate.

The potential problems with this technology abound. In fact, the California legislature has commissioned a study to determine the efficacy of widespread use of digital license plates. Smart Plate Corp., a manufacturer, claims that the plates could be customized to not only flash ads, but also personalized messages for your favorite sports teams, or flash emergency messages.  However, where the line would be drawn on personalized messages seems a difficult question. Also, such a program would require a statewide wireless connection. Nothing approaching a statewide system is currently in place.

When dealing with technology one must also consider hackers. How will California protect millions of drivers from the ever present and persistent efforts of our nation’s hackers? What kind of messages and images will likely pop up in place of a Bounty ad? Instead of an innocent quicker, picker-upper, will we see pornography? Perhaps hate speech?  Who knows what a trip to the grocer will entail.

Most importantly, won’t digital ads merely create one more distraction for drivers? According to the manufacturers, the answer is no. They believe that they could program the software so that the ads only play when a vehicle is stopped for at least 4 seconds. Some software will keep track of every vehicle and whether it is stopped for at least 4 seconds.  Oh, the kinks that they will have to work out. What happens if the software malfunctions and drivers become distracted? All it takes is one officer to stop you for a traffic violation. Maybe you were on your way home from dinner. You had a couple glasses of wine. You are certainly not impaired but that ad so enticed you that you ran a red light and now you are pulled over. The police officer believes that he smells the odor of alcohol on you and suspects you of DUI.  The next thing that you know, you are hand cuffed and inside a police cruiser, all because of a malfunctioning license plate.

That said, if California is able to work out the problems with these digital ads, they could be a tremendously successful source of revenue for all states, including Tennessee, which we know has its own budget deficit.  Even if this technology does not gain widespread acceptance, you may still be affected. Californians travel, just like everyone else. In fact, without widespread use, such occurrences will likely be even more novel and distracting than they are in California. Southerners, prepare yourself. We are entering a new world and it is looking more and more like the passengers on the space shuttle portrayed in the movie Wall-E every day.

If you find yourself charged with a DUI in these or other circumstances, please contact the attorneys at The Oberman and Rice Law Firm. As always, Steven Oberman and Sara Compher-Rice are available 24 hours a day to assist you with your legal matter.

]]> http://www.tnduicenter.com/?feed=rss2&p=208 http://www.tnduicenter.com/?p=197 http://www.tnduicenter.com/?p=197#comments Sun, 20 Jun 2010 18:56:32 +0000 Sara Compher-Rice http://www.tnduicenter.com/?p=197 Most would assume that any money collected from Tennessee criminal defendants required to pay a blood alcohol or drug concentration fee would then be used for purposed related to Tennessee DUI enforcement, DUI investigation or the blood, breath, or urine testing itself.  In fact, all fees collected prior to July 1, 2010 were mandated to be used, in part, “to purchase, maintain and upgrade the equipment and supplies necessary to examine and analyze, in a timely manner, the increased number of requests for determinations of alcohol concentration, the presence of narcotic or other drugs, or for both alcohol or drugs, in submitted blood samples resulting from permitting the testing for both alcohol and drugs of drivers of motor vehicles suspected to be operating in violation of § 55-10-401.” See Tennessee Code Annotated § 55-10-419(c)(2).

On June 9, 2010, Governor Bredesen signed a new law which not only increases the fee collected from defendants who submit to blood, breath, or urine tests from $100.00 to $250.00, but also re-designates how these funds are to be distributed.  This new law is  is no longer specific to DUI investigations, but allows a much broader use of the funds “to purchase equipment and supplies, pay for the education, training and scientific development of employees, and for any other purpose so as to allow the bureau to operate in a more efficient and expeditious manner.” 

In this investigation, police officers were charged with the task of calibrating these devices to ensure accuracy.  However, according D.C. Attorney General Peter Nickles, city police improperly adjusted the machines.  The machines, as calibrated, showed a driver’s blood-alcohol content to be approximately 20% higher than it actually was.  On average, the jailed suspects spent at least 5 days in jail.

This can happen to you. Years ago, Tennessee dealt with a similar problem of flawed tests. In 1990, a police officer exposed how easily these so called “high tech” devices could be manipulated. During a trial, an attorney discovered that a Davidson County police officer demonstrated how, with a mere twist of the calibration knob, a breath test result could be adjusted from .01 % (when calibrated properly) to as high as .22 %. Based on this evidence, the judge dismissed the defendant’s case.  While great pains were taken to remedy the problem, there is still a possibility that the device you are tested on will give false readings.

In Tennessee, breath tests create a rebuttable presumption that you are intoxicated.  Essentially, the burden is on you to prove that you were not intoxicated.  Without assistance from a trained professional, this can be very difficult to do.  DUI convictions can ruin your life.  Do you drive for a living?  Do you have minor children who cannot take care of themselves?  Or is driving fundamental to your life in some other way?  If you answered yes to any of these questions, then you should understand that a DUI conviction might prevent you from fulfilling your responsibilities.  Not only will you have to incur the costs of the conviction (court costs, fees, insurance premiums), you will also have to bear the stigma of being labeled a drunk driver.

Procedures and machines differ from state to state, police department to police department.  The number of mistakes and errors that the police can make when preparing these devices is too numerous to list.  However, an absence of human error cannot render these tests reliable.  It suffices to say that, until we can ensure the machines are properly maintained and the tests are properly administered, this love affair between the police and their breath tests poisons our justice system and calls the validity of DUI convictions into question.  If you have been stopped, cited, or arrested for any DUI related offense, contact a DUI attorney.

The attorneys at the Oberman and Rice Law Firm are available to assist you 24 hours a day. For 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.

]]> http://www.tnduicenter.com/?feed=rss2&p=200 http://www.tnduicenter.com/?p=194 http://www.tnduicenter.com/?p=194#comments Fri, 18 Jun 2010 18:56:23 +0000 Sara Compher-Rice http://www.tnduicenter.com/?p=194 Tennessee law currently mandates a $100.00 fee be assessed to any person who submits to a breath, blood or urine test upon conviction of Driving Under the Influence (DUI), Vehicular Assault by Intoxication, Vehicular Homicide, or Aggravated Vehicular Homicide.  As of July 1, 2010, the Tennessee Legislature has increased this fee, also known as the “blood alcohol or drug concentration fee” to $250.00.  Public Chapter No. 1020 can be reviewed by clicking here.

If a person submits to a blood, breath, or urine test and registers above .08% (the legal limit for Driving Under the Influence in Tennessee), not only could this test result help to convict the person of Driving Under the Influence or one of the more serious offenses noted above, but the submission may ultimately cost the same person an extra $250.oo in addition to mandatory fines and other court costs.

These increased out of pocket costs related to a Tennessee Driving Under the Influence (DUI) conviction, make it even more imperative that anyone charged with the offense of DUI in Tennessee contact a lawyer who regularly handles DUI cases and is familiar with the issues related to chemical testing.  If you have been charged with a DUI in Knoxville, Tennessee or elsewhere in the state of Tennessee, feel free to contact our office for more information by calling (865) 249-7200 or visit our website, www.tndui.com.

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.

The judge is not required, however, to advise a defendant of the possible restrictions a Tennessee DUI conviction could place on travel.  For instance, once convicted of a TN DUI offense, a person is deemed “criminally inadmissible” to Canada.  In fact, if border authorities learn of Tennessee DUI arrest, pending trial, or even the simple issuance of a criminal warrant, you may be denied entry.

Typically, one must follow specific “rehabilitation” procedures to be granted access to Canada following a conviction for driving under the influence.  However, a person cannot even begin the application process until a period of five (5) years has passed since the expiration of his or her sentence (rather than 5 years from the date of conviction).  In some rare instances, one may be granted a temporary residence permit, which would allow the person entry even during a period of criminal inadmissibility.

Two excellent references on this subject can be found at http://www.tripadvisor.com/Travel-g153339-c49436/Canada:Dwi.Or.Dui.Driving.Convictions.html and http://www.cic.gc.ca/english/visit/faq-inadmissibility.asp#note1.

In this case, the officer testified that the defendant swerved his vehicle three times over the yellow center lines of the road. Then the Defendant approached an intersection and turned left without stopping at the stop sign. After being stopped, the Defendant failed all field sobriety tests and was subsequently arrested.

The Tennessee Court of Criminal Appeals ruled that a person does not have to have a blood alcohol content of .08% or any drugs in his or her system in order to be found guilty of DUI.

The Court considered all of the evidence, including the Defendant’s failure to perform field sobriety tests satisfactorily and the police officer’s observation of driving infractions by the Defendant, was sufficient to uphold the conviction.

This case emphasizes the need to be certain a qualified lawyer with sufficient DUI or DWI defense experience and expertise is hired to defend a Driving Under the Influence case even if the blood alcohol level is below the per se (legal) limit of .08%.