Posts Tagged TN DUI Lawyer Resources

Tennessee Highway Patrol Checkpoints planned for the upcoming Memorial Day 2018 Weekend

With just a few weeks until lake season begins in East Tennessee, motorists who plan on traveling to enjoy the upcoming Memorial Day weekend need to be mindful while driving to the lake festivities and family cookouts. Tennessee Highway Patrol troopers will be out in force during Memorial Day weekend ensuring that motorists are not driving while impaired/aggressively or committing traffic violations.

The 2018 holiday enforcement period begins Friday, May 25 and concludes Monday, May 28. Two Sobriety checkpoints are planned in Knox County on May 25. The first scheduled Sobriety Checkpoint will be located on Highway 33 at Loyston Road and the second Sobriety Checkpoint will be located on Northshore Drive west of Concord Road. Additionally, a Seatbelt checkpoint is planned in Knox County on May 26, on Ogle Avenue at Martin Mill Pike. Sobriety Checkpoints are also planned throughout the holiday weekend in Anderson and Sevier Counties. For a list of all the planned checkpoints throughout East Tennessee in May, please click here.

The DUI defense lawyers at Oberman & Rice are always willing to help those who may be falsely accused, but we’d prefer that the readers of this blog not place themselves in a position to be suspected of driving under the influence of an intoxicant. Please review our website for more information or call us with questions at (865) 249-7200.

, , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

No Comments

THP checkpoints planned for the upcoming Labor Day 2017 Weekend

Motorists need to be mindful during the upcoming Labor Day Weekend while driving to the lake and family cookouts. Tennessee Highway Patrol troopers will be out in force this Labor Day weekend ensuring that motorists are not driving while impaired/aggressively or committing traffic violations.

The 2017 holiday enforcement period begins Friday, September 1, and concludes Monday, September 4. Driver’s license checkpoints are planned in a number of Tennessee counties including Knox County on Sept September 1, at S.R. 61 Emory Road at Washington Pike and in Campbell County at SR 63 at Campbell/Claiborne line. Sobriety checkpoints are also planned throughout the holiday weekend. For a list of all the planned checkpoints in September click here.

The DUI defense lawyers at Oberman & Rice are always willing to help those who may be falsely accused, but we’d prefer that the readers of this blog not place themselves in a position to be suspected of driving under the influence of an intoxicant. Please review our website for more information or call us with questions at (865) 249-7200.

, , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

No Comments

Tennessee Legislature Addresses “Self Driving” Cars

If you have watched the news lately, you have probably heard of the automobile giant called Tesla. Tesla is famous for its work toward developing automated cars that operate without the need for a human driver. As one could imagine, vehicles driven without a person in total control behind the wheel could be potentially dangerous—there is always a risk of some sort of malfunction with the automated system or the driver being unresponsive to the warning messages from the automated system. One such example of this issue has already arisen in Ohio. In fact, even Tesla itself released a video warning of the potential dangers of the self-driven vehicles. States have started to take notice of these self-driving vehicles and some States have even started passing laws aimed at these types of automobiles.

For example, a new law that took affect in Tennessee on July 6, 2017, sets out requirements for operating an “Automated Driving System” or “ADS”. The “Automated Vehicles Act” as created by the Tennessee Legislature in Public Chapter No. 474 sets forth certain requirements in order for such ADS enabled vehicles to lawfully operate on Tennessee roads. This statute aims to lay out restrictions on ADS vehicles as well as determine liabilities for the ADS operated vehicles.

Interestingly, if the requirements for an ADS set forth by the statute are not followed, it is a Class A Misdemeanor for a person to knowingly operate the vehicle without a human driver in the driver’s seat, punishable up to 11 month and 29 days in jail. As more options become available for ADS vehicles, those who are interested in utilizing the technology must be vigilant to ensure their vehicles comply with the statutory requirements.

Anyone charged with a traffic offense or arrested for DUI, or another related charge, should immediately contact a Tennessee DUI lawyer familiar with Tennessee DUI laws.  For more information about the crime of Driving Under the Influence (DUI) or about traffic offenses, SteveSara, or AZ 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. The DUI Defense attorneys at Oberman & Rice are available to speak with you 24/7.

, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

No Comments

Increased Jail Time for Some DUI Offenders in Tennessee

Beginning in July 2016, drunk drivers who have prior DUI convictions will face more severe penalties.[1] The Tennessee General Assembly has enacted a new law that amends Tennessee Code Annotated §55-10-402 and enhances the way Tennessee punishes offenders with multiple DUI convictions. These changes will apply only to those who commit an offense on or after July 1, 2016.

Previously, a conviction for a 4th offense or higher DUI was a Class E Felony. A Class E Felony carries a punishment of 1-6 years.[2] Starting on July 1, while a 4th or 5th offense conviction for DUI will remain a Class E Felony, a person who commits a 6th or subsequent offense will be sentenced as a Class C Felon. A Class C Felony is punishable by 3-15 years in the penitentiary.[3]

Although the mandatory minimum jail sentence for DUI offenders who have six or more convictions will not change, the maximum sentence increases significantly. People who are convicted of a 4th or subsequent offense must serve a mandatory minimum of 150 days in jail. However, based on statistics from 2015 in Tennessee, Class E Felons serve an average of 1.56 years in jail, while Class C Felons serve an average of 4.13 years in jail.[4] This change to the law should significantly increase the amount of incarceration for those who have six or more convictions for DUI.

About the Author: Steven Oberman has been licensed in Tennessee since 1980, and successfully defended over 2,500 DUI defendants.  Among the many honors bestowed upon him, Steve served as Dean of the National College for DUI Defense, Inc. (NCDD) and currently serves as chair of the National Association of Criminal Defense Lawyers DUI Committee.  Steve was the first lawyer in Tennessee to be Board Certified as a DUI Defense Specialist by the NCDD.

He is the author of DUI: The Crime & Consequences in Tennessee, updated annually since 1991 (Thomson-West), and co-author with Lawrence Taylor of the national treatise, Drunk Driving Defense, 7th edition (Wolters Kluwer/Aspen).  Steve has served as an adjunct professor at the University of Tennessee Law School since 1993 and has received a number of prestigious awards for his faculty contributions.  He is a popular international speaker, having spoken at legal seminars in 30 states, the District of Columbia and three foreign countries.

The author would like to thank his associate attorney, Anna Rickels, for her research and contributions to this article.

If you would like to contact the author, please visit: http://www.tndui.com

[1] http://share.tn.gov/sos/acts/109/pub/pc0876.pdf

[2] Tennessee Code Annotated §40-35-111(b)(5)

[3] Tennessee Code Annotated §40-35-111(b)(3)

[4] Sentencing Practices in Tennessee (April 2015) http://www.tncourts.gov/sites/default/files/docs/criminal_sentencing_stats_cy2014_draft_v2.pdf

, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

No Comments

Tennessee Labor Day Traffic Enforcement

This Labor Day weekend, the Tennessee Highway Patrol plans to implement several checkpoints across the East Tennessee area. These checkpoints will include seat belt checkpoints, driver’s license checkpoints, and DUI checkpoints. A full listing of the types and locations of roadblocks can be found here. It is important to keep in mind that even if the checkpoint is for a seat belt or no driver’s license, the law enforcement agent will be looking for any sign of an impaired driver.

If the law enforcement agent suspects a driver is impaired, or Driving Under the Influence (DUI), the law enforcement agent may ask the driver to exit the vehicle and perform several tests known as “field sobriety tests.” Furthermore, the law enforcement agent may request a chemical test (breath or blood.) Any driver should be aware of their rights and possible consequences of refusing these requested tests.

Anyone arrested for DUI, or another related charge, should immediately contact a Tennessee DUI Lawyer familiar with Tennessee DUI laws.  For more information about the crime of driving under the influence (DUI) or about your legal rights with respect to a Tennessee Highway Patrol checkpoint, Steve, Sara, or AZ 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.

, , , , , , , , , , , , , , , , , , , , , , , , , , ,

No Comments

Cinco de Mayo DUI and Traffic Enforcement

The Tennessee Highway Patrol (THP) has increased traffic safety enforcement patrols, including driving under the influence (DUI) enforcement, for the Cinco de Mayo holiday period.  The increased Tennessee DUI and traffic enforcement will continue through midnight on May 6, 2015.

In addition to this saturated DUI enforcement, the Tennessee Highway Patrol has also scheduled several roadside checkpoints in East Tennessee this week.

  • A Driver’s License Checkpoint will be conducted on 5/5/2015 in Union County, State Route 33 at 61E.
  • A Sobriety Checkpoint will take place on 5/8/15 in Knox County, State Route 33 at Loyston Road.
  • A Driver’s License Checkpoint will be held in Roane County on 5/8/15, to be located on US 27 at Industrial Park Road.

A full list of Tennessee Highway Patrol sponsored roadside checkpoints can be found by clicking here.

If you  find yourself in the situation of being accused of a DUI or other traffic offense, you should immediately contact a Tennessee DUI attorney familiar with Tennessee DUI and traffic laws.  For more information about the crime of DUI or about your legal rights with respect to an allegation of driving under the influence of an intoxicant, the lawyers at Oberman & Rice 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.

, , , , , , , , , , , , , , , , , , , , , , , , , , ,

No Comments

Tennessee Highway Patrol 4th of July Checkpoints

This 4th of July weekend, the Tennessee Highway Patrol plans to implement several checkpoints across East Tennessee, including seat belt checkpoints, driver’s license checkpoints, and DUI checkpoints.  A list of the types and locations of the roadblocks can be found here.  Be aware that even at seat belt and driver’s license checkpoints, an officer may still be looking for impaired drivers.

If an officer suspects a motorist of Driving Under the Influence (DUI), the officer might ask the motorist to perform a series of field sobriety tests. The officer may also request a chemical test, such as a breath or blood test. Drivers should be aware of their rights and the potential consequences of refusing these tests.

Anyone arrested for DUI, or another related charge, should immediately contact a Tennessee DUI Lawyer familiar with Tennessee DUI laws.  For more information about the crime of driving under the influence (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.

, , , , , , , , , , , , , , , , , , , , , , , , , , ,

No Comments

Upcoming East Tennessee THP Checkpoints

The Tennessee Highway Patrol plans to implement several checkpoints across East Tennessee in the next few weeks. Tennessee Highway Patrol regulations allow for several types of checkpoints.  In addition to the commonly known Sobriety Checkpoints or DUI Roadblocks, Troopers may also establish roadblocks relating to Seatbelt and Driver’s License laws.  Be aware that even at seatbelt and driver’s license checkpoints, an officer may still be looking for impaired drivers.

If an officer suspects a driver of Driving Under the Influence (DUI), the officer might ask the driver to perform a series of field sobriety tests. The officer may also request a chemical test, such as a breath or blood test. Motorists should be aware of their rights and the potential consequences of refusing these tests.

Anyone arrested for DUI, 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.

Date County Location Type
3/12/14 Knox SR 33 @ Loyston Road Seatbelt Checkpoint
3/14/14 Union SR 33 @ SR 61 Sobriety Checkpoint
3/14/14 Roane Pine Ridge Road Near RR Tracks Driver’s License Checkpoint
3/14/14 Blount SR 336 @ Blockhouse Road Driver’s License Checkpoint
3/15/14 Anderson Sulphur Springs @ Laurel Road Driver’s License Checkpoint
3/16/14 Anderson Red Hill @ Park Lane Driver’s License Checkpoint
3/17/14 Blount SR 333 @ George Creek Boat Ramp Sobriety Checkpoint
3/19/14 Loudon I-75 North TH 76 MM Off Ramp Seatbelt Checkpoint
3/19/14 Monroe SR 322 @ I-75 S/B Exit Ramp Seatbelt Checkpoint
3/20/14 Loudon I-75 South 76 MM Off Ramp Seatbelt Checkpoint
3/20/14 Monroe SR 68 @ I-75 S/B Exit Ramp Seatbelt Checkpoint
3/21/14 Roane Highway 58 @ New Bridge Seatbelt Checkpoint
3/21/14 Campbell US 25 W @ Dog Creek Road Seatbelt Checkpoint
3/24/14 Monroe SR 369 @ Ballplay Road DL
3/26/14 Union Loyston Road @ Raccoon Valley Road Seatbelt
3/26/14 Sevier New Era Road @ South New Era Road DL
4/04/14 Knox West Emory Road @ Carpenter Road Seatbelt
4/25/14 Knox West Emory Road @ Gill Road Sobriety

, , , , , , , , , , , , , , , , , , , , , , , , , , ,

No Comments

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.

, , , , , , , , , , , ,

No Comments

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

, , , , , , , , , , , , , , , , , , , , , , , , , , ,

No Comments

All lawyers were not created equal — Hiring a Tennessee DUI Lawyer

Choosing the right Tennessee DUI lawyer is a critical decision that must be taken seriously.  A Driving Under the Influence charge is often the first interaction many people have with the criminal justice system, which naturally leads to stress and uncertainty about the criminal process and possible repercussions.  Many people often receive a flood of mail following a DUI arrest from attorneys, but it makes sense to carefully consider all options.

If you hire a lawyer and become dissatisfied with your choice, while your case is pending or even after a DUI conviction, it may be difficult to retain a different DUI attorney.  For instance, because it is so important to begin investigating a DUI quickly, our office is often reluctant to to take a case after another lawyer has been retained and precious time to investigate has been lost.   Therefore, the first decision should be made after considering the following:

  1. What is the focus of the attorney’s practice?  Are they, and for how long have they been primarily devoted to DUI defense?
  2. Has the lawyer had any complaints filed against him or her?
  3. What books and articles has the attorney published?
  4. Did the DUI attorney graduate from an ABA accredited law school?
  5. Has the Tennessee Commission on CLE & Specialization and the National College for DUI Defense certified the attorney as a DUI Defense Specialist?
  6. What reviews has the attorney received from lawyer review agencies like Avvo?
  7. Has the lawyer achieved Martindale-Hubbell’s™ prestigious “AV” (very high to preeminent) rating?
  8. When and how often has the attorney lectured to his or her peers about DUI Defense?

We encourage prospective clients to devote the appropriate time, usually 2 hours, to properly investigate and speak with an attorney about their case.  In our office, Steve and Sara are available every day of the year to discuss pending DUI charges.  Please contact us at 865-249-7200 with any questions.

 

, , , , , , , , , , , , , , , , , , ,

No Comments

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.

 

, , , , , , , , , , , , , , , , , , , , , , , , , , ,

No Comments

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.

, , , , , , , , , , ,

No Comments

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

, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

1 Comment

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.

, , , , , , , , , ,

No Comments

DUI Vehicle Forfeiture: What you should know if you receive a “Notice of Seizure”

The Tennessee Department of Safety, through law enforcement officers, may seize the vehicle of anyone suspected of multiple DUIs.  A vehicle may also be seized from anyone found to be driving on a revoked, cancelled, or suspended license if the reason for the revoked, cancelled, or suspended license was a DUI conviction.  In other words, a person convicted of a DUI risks vehicle seizure if he or she is found to be driving without a valid license or is suspected of DUI, regardless of whether there is a conviction.

When a citizen’s property is seized, the government, which is typically be represented by the Tennessee Department of Safety in cases involving vehicle and asset forfeiture, must follow the rules.  Multiple state laws, court cases, and administrative rules govern the forfeiture process.  Furthermore,  constitutional protections against unreasonable searches and seizures and against excessive fines may apply to forfeiture proceedings just as they do criminal proceedings.

The Department of Safety rules and regulations are complicated and often intimidating.  Nevertheless, failure to take action within strict time limits may result in the loss of property rights.  If you or someone you know has had property seized by law enforcement, it is important to contact a Tennessee criminal attorney immediately.  You may contact Steve and Sara by calling (865) 249-7200.  You may also wish to review our website for additional information about forfeitures.

[Source: T.C.A. Section 55-10-401 et seq., Williams v. State Dept. of Safety, 854 S.W.2d 102 (Tenn. Ct. App. 1993), Stuart v. State Dept. of Safety, 963 S.W.2d 28 (Tenn. 1998)]

, , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

No Comments

Can I be convicted of DUI when in a parked vehicle?

Yes.  In Tennessee, it is possible to be convicted of a DUI while sitting in a parked vehicle with or without the engine running.  According to Tennessee DUI law, a state prosecutor need only prove that an impaired person was “in physical control” of an “automobile or motor driven vehicle” in order to obtain a conviction.   Court decisions in Tennessee have confirmed that a person, in a parked car, with the keys in the ignition, may be convicted of a DUI.

However, the DUI law in Tennessee does not assure that the state prosecutor will succeed in such a case.  A person is not ‘automatically’ guilty when found in a vehicle with the keys in the ignition.  A Tennessee DUI attorney should investigate the location of arrest, actions of law enforcement, and any proof of impairment in order to find additional weaknesses in the prosecutor’s case.

Regardless of a defendant’s location and circumstances, everyone accused of a DUI should consult with a DUI attorney as soon as possible.  If you have questions about the facts of a case, Steve and Sara are ready to help you.  You may reach all of our attorneys by calling (865) 249-7200.

[Source: T.C.A. 55-10-401]

, , , , , , , , , , , , , , , ,

No Comments

How to Research Your Potential Tennessee DUI Lawyer

When choosing a Tennessee attorney to handle your DUI charge, you should be certain to research your potential lawyer.  Because of the serious consequences associated with a Tennessee DUI conviction, which attorney you hire is one of the most important decisions you make.  In addition to the considerations discussed in our previous post, Eeny, Meeny, Miney, Mo – Hiring a TN DUI Attorney, you should consult the following resources:

  1. Visit the Tennessee Board of Professional Responsibility website to search for the attorney.  The Tennessee Board of Professional Responsibility governs the licensing of Tennessee attorneys.  The website will provide information on whether the attorney is in good standing (able to practice law in Tennessee) and whether the attorney has ever been disciplined (e.g. suspended from the practice of law).
  2. Determine if the Tennessee lawyer or someone in the firm is certified as a specialist in the area of DUI Defense.  Such information can be obtained from the website of the Tennessee Commission on Continuing Legal Education and Specialization.
  3. Determine if the attorney has been rated by Martindale-HubbellTM and if his rating (or that of the law firm) is an “AV.”  The “AV” rating represents an attorney who has legal abilities that are “very high to preeminent” (A) and whose ethical standards rate “very high” (V).
  4. Consult Avvo.com for additional information on the lawyer. Avvo provides a rating system for attorneys and was designed to assist consumers in selecting a lawyer. The benefit of Avvo is that you can review endorsements of the potential attorney from his or her peers, as well as read reviews from actual prior clients of the attorney.
  5. Finally, you should visit the attorney’s website. Review the site for the attorney’s biography and resume, as well as information pertaining to Tennessee DUI law.
  6. Don’t overlook contacting your friends, family, police officers and court personnel known to you or your friends, your employer, and other attorneys who specialize in other areas of law to obtain a short list of lawyers with excellent reputations.

, , , ,

1 Comment

How Important Is Your Tennessee DUI Case?

A successful result to your DUI charge requires a high level of commitment on the part of both you and your lawyer.  Before hiring a DUI lawyer, you should take a moment to seriously consider some important questions.

How important is your Tennessee DUI Case to you? Are you prepared to:

  • Spend 1 ½ to 2 hours during the initial meeting with your lawyer?
  • Communicate and meet with your lawyer frequently and assist him or her in the preparation of your case?
  • Assist your lawyer in the investigation of your case by meeting with an investigator; obtaining relevant medical records; answering a detailed questionnaire?
  • Meet with your attorney at his or her officer early on the morning of each court appearance so that you may know what to expect and be prepared for your court appearance?

How important is your Tennessee DUI Case to your potential lawyer? Is he or she prepared, at a minimum, to:

If you can answer “yes” to all of your questions, be certain the Tennessee DUI lawyer you hire can answer affirmatively to the lawyer questions posed above.  Only then can you be assured that you have the best chance of obtaining a successful result.

, , , ,

No Comments