Posts Tagged Knoxville Tennessee DUI attorney

Tennessee Highway Patrol Using Tractor Trailer to Catch Distracted Drivers

As part of its new campaign to identify and cite drivers who are texting and driving, the Tennessee Highway Patrol has a new strategy to catch distracted drivers. They are using the THP tractor-trailer truck to get a higher, better look at what drivers are doing inside their vehicles in hopes that this vantage point will help spot those texting and driving. The troopers are able to spot other violations from the truck such as lane changes and seat belt violations, but the main focus of the campaign is texting and driving.

Interestingly, the new Tennessee Highway Patrol tractor-trailer has THP logos and roof-mounted emergency lights, just like a standard patrol vehicle. Once the driver of the tractor trailer spots a driver violating the law, they radio to another trooper who then makes the stop.  The THP took the tractor-trailer to the roads recently for a special two-day enforcement campaign. In just two days, troopers issued 190 tickets using the big rig. Troopers cited 16 people for texting while driving, 21 for speeding, and 78 for not wearing a seatbelt. It is important to understand that a standard traffic violation can lead to a DUI arrest if the driver, once he or she is stopped, is suspected of Driving Under the Influence.

Anyone arrested for DUI (driving under the influence), or another related charge, should immediately contact a Tennessee DUI Attorney familiar with Tennessee DUI laws.  For more information about the crime of DUI or about Tennessee traffic violations, Steve and Sara are available by calling 865-249-7200.  You may also wish to visit www.tndui.com for more information about the offense of driving under the influence in Tennessee.

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Knoxville Area DUI Checkpoints Begin Thursday Night

The Tennessee Highway Patrol has issued a media release dated July 1, 2013 that details plans for an impaired driving enforcement campaign for the upcoming Fourth of July weekend.  The Tennessee Highway Patrol plans to implement several checkpoints for the duration of the holiday weekend, which will include the standard sobriety checkpoints (DUI Roadblocks) and driver’s license checkpoints, as well as the more aggressive “no refusal” sobriety checkpoints.

At these checkpoint locations, every driver who passes through must be stopped and questioned by Troopers.  During the stop, if the Troopers notice signs of drug and/or alcohol impairment  you may be asked to exit your vehicle to perform certain roadside tasks (field sobriety tests).

Information about the dates and locations of the planned DUI checkpoints in the Knoxville area are included below and have been taken directly from the Tennessee Highway Patrol press release.  Information for additional DUI roadblocks across Tennessee can be downloaded here.

 

Anyone arrested for DUI (driving under the influence), or another related charge, should immediately contact a Tennessee DUI Attorney familiar with Tennessee DUI laws.  For more information about the crime of DUI or about your legal rights with respect to a Tennessee Highway Patrol checkpoint,  Steve and Sara are available by calling 865-249-7200.  You may also wish to visit www.tndui.com for more information about the offense of driving under the influence in Tennessee.

 

DIST. 1 KNOXVILLE—Fourth of July Sobriety Checkpoints

* Indicates a No Refusal Sobriety Checkpoint; DL indicates a Driver’s License Checkpoint

THURSDAY, JULY 4

Checkpoint County Road/Highway Time of Day
DL CHECKPOINT Loudon EAST TELLICO PKWY NORTH OF 411 Afternoon
SOBRIETY* Knox CONCORD @ STATE ROUTE 332 Late Night
SOBRIETY* Knox STATE ROUTE 62 EAST @ STATE ROUTE 162 Late Night

FRIDAY, JULY 5:

Checkpoint County Road/Highway Time of Day
DL CHECKPOINT Loudon FOSTER RD @ BROWDER HILL & STEVENS RD Afternoon
SOBRIETY* Knox STATE ROUTE 131 @ CARPENTER RD Night
SOBRIETY* Knox MAYNARDVILLE RD @ FT. SUMTER RD Night
SOBRIETY Roane HWY 382 @ CHURCH OF LATTER DAY SAINTS Night
SOBRIETY Sevier US 411 @ STATE ROUTE 139 DOUGLAS DAM RD Night
SOBRIETY Anderson STATE ROUTE 61 @ VICTORY BAPTIST CHURCH Night

SATURDAY, JULY 6:

Checkpoint County Road/Highway Time of Day
DL CHECKPOINT Morgan STATE ROUTE 62 @ PETIT LANE Morning
DL CHECKPOINT Campbell SR 63 @ CAMPBELL/CLAIBORNE CO LINE Night
SOBRIETY Blount OLD KNOXVILLE HWY @ I-140 RAMP Night
SOBRIETY* Sevier SR 66 @ SR 139 DOUGLAS DAM RD Late Night

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Impact of Out of State Convictions in Tennessee

The internet and electronic record keeping has led to the end of a time when what “happened in Vegas, stayed in Vegas.”  Similarly, criminal convictions from a distant state may no longer be ignored after a person moves away from that state.  As law enforcement, court clerk’s offices, and agencies responsible for drivers licenses continue to store and share information electronically, a person’s criminal history is increasingly likely to follow him or her across state lines.

For example, a prior DUI conviction from another state may significantly increase potential penalties and the outcome of a Tennessee DUI case, just as would a prior Tennessee DUI conviction.  State and federal agencies are increasingly accurate and reliable in their effort to report crimes to the National Crime Information Center (NCIC).  By accessing the NCIC, any state or federal prosecutor may quickly review an individual’s entire criminal history, including charges that have been dismissed.

Prior charges and convictions may negatively impact pending DUI litigation.  As a result, it is imperative that anyone facing criminal charges fully disclose these charges to their Tennessee Defense Attorney, even if the prior charges have been dismissed and expunged.

Please contact our office to find out more about convictions in other states and how to address them as part of a DUI defense strategy.  You may contact our Tennessee DUI defense lawyers, Steve and Sara by calling (865) 249-7200.

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Knoxville Sobriety Checkpoint Scheduled for February 1, 2013

The Tennessee Highway Patrol (THP) continues its drunk driving enforcement with the use of sobriety checkpoints in the Knoxville.  THP is scheduled to conduct a DUI Roadblock tonight, February 1, 2013 on Concord Road at Northshore Drive (State Route 332).  Although specific times have not been released, the Tennessee Highway Patrol Media Release indicates that it will be conducted “Late Night.”  The Knox County DUI Checkpoint is one among many in East Tennessee as part of the campaign, “Fans Don’t Let Fans Drive Drunk This Super Bowl Sunday.”

According to Tennessee Highway Patrol Colonel Tracy Trott, this will be the first THP “No Refusal” DUI enforcement on Super Bowl weekend.  One purpose of Tennessee DUI Checkpoints is to deter motorists from driving while impaired by alcohol or drugs.  We encourage you to arrange for a designated driver this weekend.  AAA of East Tennessee is also offering their safe ride program for Super Bowl Sunday.  AAA will tow your car within a 10 mile radius and provide you a safe ride home.  To take advantage of this service, a AAA membership is not needed.

Anyone arrested for DUI (driving under the influence), or another related charge, should immediately contact a Tennessee DUI Attorney familiar with Tennessee DUI laws.  For more information about the crime of DUI or about your legal rights with respect to a Tennessee Highway Patrol checkpoint,  Steve and Sara are available by calling 865-249-7200.  You may also wish to visit www.tndui.com for more information about the offense of driving under the influence in Tennessee.

 

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Revoked License Reporting Error

In accordance with a Tennessee state law that was passed in 2011, the Knox County government provided the Tennessee Department of Safety with a list of people who had failed to pay their litigation taxes and fines (often referred to as “court costs”) within one year after their criminal cases were resolved.  As a result, nearly 1,300 motorists who faced a criminal offense in Knox County in 2012, including traffic offenses, received a letter earlier this month informing them that their driver licenses would be revoked for failing to timely pay their court costs. Unfortunately, as the  Knox News Sentinel reported on January 25, 2013, officials recently discovered that many people should not have been included on the list submitted to the Department of Safety.  According to the Knox News Sentinel, over 500 people never owed court costs or had timely completed their obligations to the court.  Even though the Department of Safety has been notified of the error, the consequences of this mishap remain unclear.   For more information about this developing story, read Clerical Error May Cause Wrongful Revocation of Driver’s License by our firm’s managing partner Steve Oberman.

It is important to note that Driving on a Revoked License is a criminal offense, and an officer may immediately arrest anyone found driving with a revoked license.  Moreover, a person who drives while his or her license is revoked as the result of a DUI conviction will be made to serve at least 48 hours in jail if convicted of Driving on a Revoked License.  Please contact Steve and Sara for further assistance if you have a question about your driver’s license.  You may reach our attorneys by calling (865) 249-7200.

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Knoxville Area Sobriety Checkpoints Begin Tonight

A media release from the Tennessee Highway Patrol dated December 27, 2012 details the agency’s statewide plan for New Year’s Eve DUI enforcement.  In addition to the “no refusal” enforcement discussed in my last post, THP also plans to implement several checkpoints between now and New Year’s Day.  These include not only sobriety checkpoints (DUI roadblocks), but also “no refusal” sobriety checkpoints and driver’s license checkpoints.

Tennessee Highway Patrol regulations generally require that every driver passing through a checkpoint location be stopped and questioned.  Troopers will be investigating for signs of drug and alcohol impairment.  If they suspect that you are under the influence, you may be asked to exit your vehicle and perform certain roadside tasks, often referred to as field sobriety tests.  Information about the dates and locations of the planned DUI checkpoints in the Knoxville area are included below and have been taken from directly from the Tennessee Highway Patrol press release.  Information for additional DUI roadblocks across Tennessee can be downloaded by clicking here.

Should you be arrested for DUI or arrested or cited for another criminal offense or traffic violation, it is important that you consult with a Tennessee attorney as soon as possible.  Our attorneys,  Steve and Sara, will be available to speak with you and can be reached by calling 865-249-7200.

DIST. 1 KNOXVILLE — No Refusal New Year’s Eve Checkpoints

Friday, December 28:

Checkpoint               County                   Road/Highway                             Time of Day

SOBRIETY                    BLOUNT                 O. KNOX HWY @ I-140 RAMP       LATE NIGHT

 Monday, December 31:

Checkpoint             County            Road/Highway                               Time of Day

SOBRIETY *               SEVIER            GOOSE GAP @ SUGAR LOAF RD        LATE NIGHT

DL CHECKPOINT    CAMPBELL      STATE ROUTE 116 @                           LATE MORNING

LITTLE COVE RD

SOBRIETY                  ANDERSON     SR 62 @ KNOX/ANDERSON              LATE NIGHT

CO LINE

SOBRIETY                  LOUDON         US 70 @ CREEKWOOD BLVD             AFTERNOON

Tuesday, January 1:

Checkpoint     County              Road/Highway                                               Time of Day

SOBRIETY*        KNOX                 STATE ROUTE 162 @ STATE ROUTE 62              LATE NIGHT

SOBRIETY*        SEVIER              WINFIELD DUNN PKWY @ DOUGLAS DAM             LATE NIGHT

SOBRIETY*        SEVIER              STATE ROUTE 66 @ STATE ROUTE 139                LATE NIGHT

SOBRIETY*        SEVIER              US 411 @ CHEROKEE CR                                      LATE NIGHT

SOBRIETY*        BLOUNT            I-140 @ STATE ROUTE 33                                   LATE NIGHT

*No Refusal DUI Checkpoint

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Wishing You a Safe & Happy New Year

The Knoxville Police Department has announced plans for a “New Year Holiday Enforcement Campaign.”  The increased enforcement will focus on motorists who are speeding, following too closely or driving recklessly, as well as those who show signs of impaired driving (driving under the influence).  More information about the KPD holiday enforcement plans can be found by clicking here.  The increased patrols will begin at 4 p.m. on New Year’s Eve and conclude at midnight on New Year’s Day.

Should you or a loved one be arrested for DUI (driving under the influence) or related charges, the attorneys at Oberman & Rice are available to assist you.  You may contact Steve and Sara by calling 865-249-7200.  You may also wish to visit www.tndui.com for more information about the offense of driving under the influence in Tennessee.

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Increased Roadway Patrols for Holiday Season

For many, alcohol consumption is an integral part of holiday celebrations.  As a result, law enforcement often increases patrols and enforcement for impaired drivers.  In fact, the Tennessee Highway Patrol (THP) has announced plans to “step up enforcement,” that includes “saturation patrols, bar and tavern checks, and driver license and sobriety checkpoints.”  Please click here for more information on the 2012 THP Holiday Enforcement efforts.

If your holiday celebration includes alcohol consumption, it is important to understand how your consumption may impair your ability to drive.  Oberman & Rice encourages you to celebrate safely and be certain to have a designated driver who is not drinking alcohol or taking any medications or drugs.  Be prepared with contact information for cab companies.  AAA even offers a unique “Tow to Go” program as a last resort for impaired drivers.  Subject to availability, a AAA tow truck will tow and you and your vehicle to a safe location within a 10-mile radius at no cost.

It is also important that you know your rights, as well as Tennessee law relating to DUI.  For instance, under certain circumstances, you may be arrested for DUI while in a parked vehicle, even if you have not driven the vehicle.  Further, should you conclude that you are not too impaired to operate a vehicle, a law enforcement officer may reach a different conclusion.  Should you be suspected of driving under the influence of alcohol or another intoxicant, you may find yourself with questions relating to the Tennessee DUI laws, such as:

We would encourage you to visit our website at http://www.tndui.com/faqs.php for the detailed answers to these and many other frequently asked questions relating to a TN DUI traffic stop.  Feel free to also call Steve or Sara with any questions at 865-249-7200.

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Knox County, TN Sobriety Checkpoints

The Tennessee Highway Patrol is planning sobriety checkpoints in Knox County, Tennessee.  These checkpoints are also frequently referred to as DUI roadblocks or DWI roadblocks.  Prior to administering such a DUI roadblock, the police (THP in this case) are legally required to advise the public of the location and times of the roadblock/sobriety checkpoint.

The lawyers at Oberman & Rice would like to repeat the information publicized by the Knoxville News-Sentinel in reference to the location and times of the roadblocks.  They are:  Friday, November 9, 2012 starting at 11:00 PM on Maryville Pike at Mt. Olive Baptist Church South; and Friday, December 7, 2012 starting at 11 p.m. on Oak Ridge Highway at Pellissippi Parkway.

Please be on the lookout for and drive cautiously near these DUI roadblocks.  There will likely be a lot of law enforcement personnel in the area.

Anyone detained and then arrested at a Tennessee Sobriety Checkpoint or Driver’s License Roadside Safety Checkpoint should immediately contact a Tennessee attorney familiar with DUI Roadblocks or Driver’s License Checkpoints.  For more information about the crime of DUI or about your legal rights relating to a Tennessee Highway Patrol roadblock, Steve and Sara are available by calling (865) 249-7200.

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Could I be charged after the fact if my friend got a DUI in my car in which I was a passenger?

Law enforcement officers investigating a potential crime make important decisions about who to arrest.  At the scene of a suspected DUI an officer may decide to arrest and charge both the driver and passenger of a vehicle with the offense of Driving Under the Influence.  Depending on the circumstances, an officer may choose to only arrest the driver of the vehicle if the officer suspects DUI.

The state prosecutor, however, is not required to follow the officer’s decisions.  After an arrest is made, a prosecutor may learn of additional facts, like the ownership of the vehicle involved in the crime.  In response to this knowledge, a prosecutor may issue additional arrest warrants for uncharged defendants or increase the severity of the charges.

In most DUI cases, the prosecutor has one year from the date of the offense to bring charges – the statute of limitations for Tennessee misdemeanor offenses.  For more serious DUI-related offenses involving multiple offenses, bodily injury, or death, the prosecutor may take up to 15 years to bring charges.

The criminal defense attorneys at Oberman & Rice are able to provide advice and counsel both before and after arrest.  Should you have any questions about a Tennessee DUI issue, you may contact Steve and Sara by calling (865) 249-7200.  Our Tennessee DUI website, provides additional information about the crime of DUI and its associated penalties.

[Source: Tenn. Code Ann. § 40-2-101 & § 40-2-102]

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