Memphis DUI Lawyers Protect Your Rights
May 29, 2008 | Leave a Comment
In April Memphis law enforcement participated in a massive cooperative law enforcement action called “Operation Sudden Impact”. Targeted at terrorism , in
In order to convict for a DUI the government must prove beyond a reasonable doubt that the driver is driving above the legal. Breathalyzer tests should not make a DUI charge a DUI conviction. Tests can be inaccurate, flawed, and administered improperly. Officers may have acted improperly in proceeding with an investigation into your case. A lawyer can help insure that your rights are fully protected and that you have a skilled advocate to tell your side of the story. Our Memphis DUI lawyers understand what all of the testing methods are, and most importantly what they are not.
Operating a Vehicle Under the Influence.
May 12, 2008 | Leave a Comment
Jeff Brown gives us the story of his own DUI conviction for Operating a Vehicle Under the Influnce. In this video Jeff tells how we was arrested and convicted for simply pushing a bike while drinking. Although the video is not too short it is interesting.
<object width=”425″ height=”355″><param name=”movie” value=”http://www.youtube.com/v/lR6w0cnYdIE&hl=en”></param><param name=”wmode” value=”transparent”></param><embed src=”http://www.youtube.com/v/lR6w0cnYdIE&hl=en” type=”application/x-shockwave-flash” wmode=”transparent” width=”425″ height=”355″></embed></object>
Jeff’s story brings up a few good points that relate to Memphis DUI’s and Mississippi DUI’s. Under the laws of both Tennessee and Mississippi you can be found guilty of DUI for operating almost any type of vehicle. So just remember to not jump on any close by golf carts, lawn mowers or motorized childrens toys when you are ready to head home after an evening at the local pub!
And as always for all of your Mississippi or Memphis DUI defense questions call our dui lawyers at 901-754-1340.
Top 20 List of What Memphis Police Look for In a Drunk Driver
March 12, 2008 | Leave a Comment
What Do Memphis Police Officers Look for When Searching for Drunk Drivers?
The following is a list of symptoms in descending order of probability that the person observed is driving while intoxicated here in Memphis. The list is based upon research conducted by the National Highway Traffic Administration:
Turning with a wide radius
Straddling center of lane marker
“Appearing to be drunk”
Almost striking object or vehicle
Weaving
Driving on other than designated highway
Swerving
Speed more than 10 mph below limit
Stopping without cause in traffic lane
Following too closely
Drifting
Tires on center or lane marker
Braking erratically
Driving into opposing or crossing traffic
Signalling inconsistent with driving actions
Slow response to traffic signals
Stopping inappropriately (other than in lane)
Turning abruptly or illegally
Accelerating or decelerating rapidly
Headlights off
***Speeding, incidentally, is not a symptom of DUI; because of quicker judgment and reflexes, it may indicate sobriety.
If you have received a dui in Memphis and need the help of a Memphis DUI lawyer call our office today.
This list courtesty of duicenter.com
DUI Hypocrasy?
March 5, 2008 | Leave a Comment
Memphis drivers aren’t the only ones receiving DUI’s these days. The following article is straight from the ap in Utah and shows where the former head of the Utah Highway Patrol pleaded guilty to DUI. Rembember, highway patrol members are the same individuals who are supposedly “experts” at knowing who is drunk and who isn’t drunk. This shows you that you shouldn’t necessarily trust the testimony of arresting officers.
WEST JORDAN, Utah (AP) - The former head of Utah Highway Patrol’s DUI unit has pleaded guilty to alcohol-related reckless driving.
Fred Swain crashed his police cruiser into a concrete barrier in June 2006. A breath test at the time revealed his blood-alcohol level to be 0.11 - in excess of the state’s legal limit of 0.08.
Swain’s plea to the class B misdemeanor charge was entered in 3rd District Court on Monday. It was actually his second guilty plea - he had already entered one in Draper’s justice court, but was appealing that conviction. The city prosecutor says he doesn’t know why Swain ended the appeal process.
How Good Are Cops at Really Detecting a Memphis DUI?
February 28, 2008 | Leave a Comment
The drunk driving case rests heavily upon the subjective opinions of the arresting officer — the abilities of that officer to correctly assess DUI symptoms of intoxication: observations of driving, personal symptoms (slurred speech, flushed face, etc.), answers to questions, performance on field sobriety tests. It is his DUI report (and his opinion in that report) which will largely determine what, if any, criminal charges will be filed by the prosecutor. It is the officer’s decision which will or will not result in a suspension of the driver’s license, his testimony at trial which will largely decide the guilt or innocence of the person he arrests.
Just how expert is the average police officer at judging levels of intoxication in a DUI case?
To answer this question, researchers at Rutger University’s Alcohol Behavior Research Laboratory conducted a series of experiments. For purposes of comparison with officers, two groups of non-police witnesses were first tested. In one, 49 lay social drinkers sat in a room as various subjects were brought in one at a time for observation and questioning. Each subject had either consumed varying amounts of alcohol or had consumed nothing; each had been given tests for blood-alcohol levels. Each in turn answered questions from the lay witnesses until all were finished, then got up and left. Each of the 49 witnesses was then asked to judge each subject’s state of sobriety or intoxication. The researchers’ conclusion: “The assumption that social drinkers would prove to be accurate judges…was not confirmed.”
In the second group, 12 bartenders were tested in the setting of a large cocktail lounge. Again, the researchers found that “the bartenders correctly rated a target in only one of four instances”.
The researchers then turned to 30 experienced DUI officers from various New Jersey law enforcement agencies. Separated into two groups, the first group of 15 officers were tested under laboratory conditions similar to those in the experiment involving lay social drinkers. The second group of 15 were tested under circumstances commonly encountered in a drunk driving traffic stop — at night, with the subject behind the wheel of a car, who is then asked to step out and conduct a series of DUI field sobriety tests. Results?
When police observers in the laboratory conditions were compared to social drinkers who had experienced an identical procedure, no difference in rating accuracy was found…. Officers in the arrest analogue were somewhat more accurate than their colleagues in the laboratory condition but not significantly so.
The scientists concluded that “the results of the three experiments described here are not reassuring. All three of the subject groups studied — social drinkers, bartenders and police officers — correctly judged targets’ levels of intoxication only 25 percent of the time.” Langenbrucher and Nathan, “Psychology, Public Policy and the Evidence for Alcohol Intoxication”, American Psychologist 1070 (Sept. 1983).
Source: duiblog.com
Memphis DUI Lawyers Know Not to Rely on Breath Tests
February 26, 2008 | Leave a Comment
Here in Memphis the police and prosecutors want you to think that just because you might have blown over .08 on the intoxilizer you are guilty of a DUI. But this just isn’t true. There are several things that could cause an improper reading. Among these are; a damaged breathalyzer, a machine that is not properly calibrated or the officer could have just used it incorrectly. As Memphis DUI lawyers it’s our duty to our clients to make sure that all of these issues are looked into. We want to make sure that we give you the best possible defense in your Memphis DUI case.
The following article shows where eleven dui arrests were thrown out because of faulty machines.
EAST WENATCHEE — A prosecutor’s decision to throw out breath-test evidence in 11 DUI cases in Douglas County could affect several DUI cases in Chelan County as well.
Chelan County Deputy Prosecutor Allen Blackmon said breath-test evidence for between nine and 11 DUI cases, dating to as far back as last summer, could be thrown out. However, the cases can still be prosecuted without breath-test evidence.
This stems from a Feb. 20 Douglas County District Court hearing during which Douglas County Deputy Prosecutor Gordon Edgar agreed not to use the breath-test evidence for 11 Douglas County DUI cases because of a possible problem with the machine used to get the results.
The results were obtained using one of two machines at Chelan County Regional Justice Center. Steve Woods, one of the attorneys who presented the motion that the results not be used as evidence, said a solution used to certify one of the machines was not properly prepared.
The motion was the result of a ruling in a King County case last month in which three judges threw out breath-test results in eight DUI cases due to problems at the State Patrol’s toxicology lab.
Ted Vosk, one of the attorneys who argued the King County case, was one of several attorneys who argued the Douglas County case. He argued that because the solution was not properly prepared, the results were not admissible in court, said Woods.
On Friday, a hearing in Chelan County District Court during which a motion was going to be made to suppress breath-test evidence for the same reason was rescheduled to April 9.
Blackmon said he wants to get the facts straight from the source before deciding not to use the evidence in any Chelan County cases.
“It’s possible we could have the same results here because both Douglas and Chelan counties use the same machines, but I want to talk to the toxicologists myself and get the information about the machines and their certification firsthand before I make any decisions,” Blackmon said Monday morning.
Woods said he believes prosecutors in Douglas County will still pursue the charges against the 11 DUI suspects without the breath-test evidence.
He said the prosecution’s decision to not admit the evidence could affect the results of every breath test taken at that machine between December 2006 and December 2007, the period between certifications.
“It’s possible that more than these 11 cases were affected. Right now we’re looking at cases to see if there are others that might be impacted,” Woods said.
source: The Wenatche World
First Offense DUI in Memphis, Tennessee
February 19, 2008 | Leave a Comment
Memphis DUI attorneys understand that if you are charged with DUI for the first time, you are probably concerned and worried about your future. Our Memphis DUI lawyers realize that Driving Under the Influence is typically not a crime involving malice. Many individuals charged with DUI are not familiar with the criminal justice system. The DUI laws and regulations are confusing and seem to change frequently.U
nder Tennessee law, any person convicted for a first offense DUI shall be fined between $350 and $1,500. The court will prohibit a convicted person from driving a vehicle in the state of Tennessee for a period of one year. Tenn. Code Ann. § 55-10-403 (2007). A first offense DUI violation is a Class A misdemeanor. The jail time depends upon the circumstances surrounding the conviction.
If you are less than twenty-one years of age at the time of the offense, the court shall sentence you to confinement in the county jail or workhouse for a minimum of forty-eight hours to a maximum of eleven months and twenty-nine days incarceration. As a condition of probation, you must remove litter during daylight hours from state route highways or state-aid highways, for a period of twenty-four hours. The period of litter removal shall be served in three shifts of eight consecutive hours each.
If you are twenty-one years of age or older at the time of the offense, the court shall sentence you to confinement in the county jail or workhouse for not less than twenty-four hours nor more than eleven months and twenty-nine days. As a condition of probation, you must remove litter during daylight hours from state route highways or state-aid highways for a period of twenty-four hours. The period of litter removal shall be served in three shifts of eight consecutive hours each.
• If at the time of the offense the alcohol concentration in your blood or breath is twenty hundredths of one percent (.20%) or greater, the minimum period of confinement for you must be seven consecutive calendar days rather than forty-eight hours.
• If at the time of the offense, you were accompanied by a child under eighteen years of age, you must be punished by a mandatory minimum incarceration of thirty days and a mandatory minimum fine of one thousand dollars $1,000.
• If at the time of the offense, you were accompanied by a child under eighteen years of age, and the child suffers serious bodily injury as a result of the DUI, the violation is a Class D felony.
• If at the time of the offense, you were accompanied by a child under eighteen years of age, and the child is killed as a result of the DUI, the violation is a Class C felony.
Contact a Memphis DUI lawyer to talk about the facts and circumstances surrounding your case. A Memphis DUI attorney can discuss different legal avenues applicable to you. Our Memphis attorneys handle DUI cases in Germantown, Cordova, Collierville, Bartlett and all of Shelby County.
Contact a Memphis DUI Lawyer!
February 19, 2008 | Leave a Comment
Memphis DUI lawyers realize that a DUI charge can be intimidating, especially if you don’t know a lot about Tennessee DUI law. Memphis, Tennessee DUI lawyers can help you understand Tennessee law, and explain your rights and options. If you have questions about the automatic license suspension or the impact a DUI conviction might have on your insurance costs, you may want to talk with a Memphis DUI lawyer.
You should not wait until your initial court appearance to start asking questions about your particular case. Contact a Memphis DUI lawyer before you appear in court so that your Memphis DUI attorney can gather important information he or she needs to make informed decisions about your case. A Memphis DUI lawyer can assess your case from your point of view, and advise you on Tennessee DUI law as it applies to your situation.
If you have questions about the sentence you face including whether the mandatory jail time provisions apply to you, contact a Tennessee DUI lawyer. You may think that there’s no way to successfully challenge a DUI charge, but Memphis DUI lawyers know that many cases have weaknesses. These weaknesses often open doors to dismissals or acquittals. Any crack in the state’s case could create an opportunity for a Tennessee DUI lawyer to negotiate for reduced charges or a favorable plea bargain.
Take advantage of the opportunity to learn about your rights under Tennessee law before you take a step in any direction. Contact a Tennessee DUI attorney if you have been charged with DUI in Memphis, Tennessee. Our DUI attorneys handle DUI cases in Memphis, Germantown, Collierville, Bartlett, Cordova and all of Shelby County.
How Much Will My DUI Cost Me?
January 30, 2008 | 1 Comment
So, you’ve received a DUI in Memphis or Mississippi! How much is your Memphis DUI or Mississippi DUI going to cost you? $500, $1,000 maybe $,1500?
If your arrested and convicted for a Mississippi DUI or Memphis DUI you’d be surprised at the cost. The penalty with a conviction for a Mississippi DUI or Memphis DUI will costs you for years to come. Here’s a look at the cost from CNBC.
Drunk Driving Could Cost $20,000
CNBC News. Dec. 14 - Twenty thousand dollars sounds like a lot to pay for a drink at a holiday party, but if that last cocktail puts you over the legal limit, that “one for the road” could easily cost you that or more.
One drink too many puts you at risk for not only an arrest, but also for fees, fines and costs that can run you thousands of dollars. While a DUI or DWI may be a misdemeanor charge in a number of jurisdictions, it’s a matter that most judges and district attorneys take very seriously. The financial toll of a conviction will play out for years to come, and in many states that can add up to $20,000 before everything is over. This includes bail, fines, legal fees, increased auto insurance premiums, loss of work income, court-ordered alcohol education programs and more.
Of course, if you get fired from your job as a result of the arrest, that dollar figure would skyrocket…
The Texas Department of Transportation says a June 2006 survey in that state showed the total costs of a DWI arrest and conviction - for a first time offender with no accident involved - would range from $9,000 to $24,000.
In many states today, you’re better off committing a felony burglary, for example, than a misdemeanor DUI. The difference between .07% and .08% alcohol in your blood could be the difference between a brief detention and a nightmare in the legal system with a $20,000 price tag.
‘Ever wonder why?
So the next time you decide to drink and drive think about the consequences. Not only will a Mississippi DUI or Memphis DUI cost you over $20,000 in higher insurance costs, court costs, and lost income, it could cost even more if you harm someone when you’re behind the wheel. Remember never drink and drive, but if you feel that you need a Memphis DUI attorney or Mississippi DUI attorney then give us a call.
(special thanks to Lawrence Taylor’s blog for alerting us to the CNBC article)
DUI Entrapment in Memphis, Tennessee
January 30, 2008 | Leave a Comment
Although he’s not a Memphis DUI lawyer, but dui attorney Lawrence Taylor is an expert in the dui defense field. He had an excellent post on DUI entrapment that takes a look at how police and the courts have looked at dui entrapment.
You can view his post on his site here or just read it below.
DUI Entrapment
Monday, December 13th, 2004
Suppose a police officer asks or orders an individual to drive a vehicle - and then arrests him for DUI when he complies?This situation comes up more often than you might think. Take, for example, the following case that eventually made its way to the New Jersey Supreme Court….
The defendant asked his brothers at a wedding reception to drive him home because he was too intoxicated to drive. In the parking lot, however, the brothers got into a fight, attracting the attention of local police. One of the officers struck a brother with his nightstick. The defendant asked the officer to quit hitting his brother. The officer replied by ordering him to leave the parking lot. When the defendant did not immediately comply, the officer repeated the order and then forcefully escorted him to his truck. The defendant obediently got into the vehicle, started the engine - and backed into a police car.
He was arrested for drunk driving.
At trial, the judge ruled that the defendant had failed to prove entrapment or duress as a defense, and he was convicted. On appeal, however, the conviction was reversed on grounds of quasi-entrapment - that is, the defendant should have been acquitted if he could show that but for the officer’s order to leave in the vehicle he would not have driven. The prosecution appealed this reversal to the state’s supreme court.
Incredibly, the supreme court reversed the lower court and reinstated the conviction. Its reasoning? “Obviously,” the court said, “if the law were to permit [drunk drivers] to offer as a defense that they drove only because they reasonably feared that telling the police that they were drunk might lead to arrest, the invitation to offer a pretext would be clear”. The court continued its twisted logic:
“No one ordered the defendant to get drunk and no one ordered defendant to drive drunk. The police did not coerce defendant into driving his vehicle through the use or threats of violence. The police officers merely ordered defendant to get in his truck and leave the scene of the fight….” (Emphasis added) State v. Fogarty, 607 A.2d 624 (N.J. 1992).
This “no win” scenario is fairly typical of what I have referred to in earlier posts as “the DUI exception to the Constitution”.
