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.
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
Memphis DUI Lawyers, “It just depends on how good of an attorney you get,”.
December 7, 2007 | Leave a Comment
In an article running in today’s Memphis Commercial Appeal, Memphis Metro DUI Seargent Chris Jones huffs that when it comes to getting out of a DUI, “It just depends on how good of an attorney you get.”
The article in the paper also states that Since 2003, the Shelby County Attorney General’s Office has had a DUI Prosecution Task Force. That head of that task force is prosecuting attorney Charles Bell, who spent more than a dozen years prosecuting violent crimes.
Mr. Bell had this to say about prosecuting DUI cases, “I came to DUI, quite honestly, not realizing how difficult it is to prosecute cases,” he says.
The article goes on to talk about how Memphis and Shelby County are working together to try and crackdown on drinking and driving this holiday season.
At one point in the article the prosecutor is quoted as saying “You can be a little buzzed and be impaired” and follows that up by saying “On the other hand, I’m sure the defense bar will tell you it’s not illegal to have a drink and drive.” These quotes came in response to whether he thought the breathalyzer even mattered, which he apparently does not believe.
It seems that Mr. Bell thinks that anyone drinking and driving should be arrested for DUI. The problem is that it is not against the law to drink and drive. It is only against the law the be intoxicated and drive. There’s a big difference between the two, but I guess Mr. Bell doesn’t think so. In his opinion if you’ve had a beer and drive then you should be behind bars.
This is the type prosecutor and officer that you’ll be against when facing a DUI charge. Unfortunately they sometimes don’t care about the law, just about putting someone behind bars.
To read the full article you can click here.
To get a copy of the free report “The Unauthorized Guide to Memphis DUI Defense” written by DUI Lawyer James Ferrell, just email us at info@lawferrell.com or call our 24/7 automated line at 1-800-546-2713 today.
Illegal Roadblocks and Checkpoints
November 28, 2007 | Leave a Comment
HOLIDAY SEASON UPDATE During the holiday season, many local police departments and the Tennessee Highway Patrol will utilize roadblocks and checkpoints in order to reduce alcohol-related accidents and increase safety for all drivers on the roads. Many arrests and seizures will be made courtesy of these roadblock and checkpoints, but many of these setups will be found unconstitutional under both Federal and Tennessee case law. Moreover, because most government offices and public works are closed during the holiday season, it will be months before charges will be dismissed. Know your rights and avoid the holiday headache of an unfair and unlawful DUI charge. Always remember though, driving while intoxicated or under the influence of drugs greatly endangers you and other drivers on the road. Always drink responsibly and designate a driver.
SEARCHES AND SEIZURES Federal case law and the Fourth Amendment of the Constitution protect citizens from unreasonable searches and seizures. Case law decided under Article I, Section 7 of the Tennessee Constitution go even further to protect individual liberties. Under Tennessee case law, you have been seized by a law enforcement agent as soon as the blue lights are turned on. The officer must have probable cause and reasonable suspicion of wrongdoing before they walk up to your car. There must be individualized suspicion not generalized profiling. Always drive carefully and with your seatbelt on.
ROADBLOCKS AND CHECKPOINTS The officers involved cannot make the decision to have a roadblock or checkpoint nor can they decide for themselves the operating procedures. Valid roadblocks and checkpoints must have clear operational guidelines, be conducted under supervisory authority and for a compelling state interest. The purpose of the roadblock or checkpoint must be the actual stated purpose and not a blanket disguise to detect any criminal wrongdoing. Tennessee Department of Safety General Order 410-1 lays out the appropriate guidelines for the Tennessee Highway Patrol and serves as a guideline for local law enforcement.
- - Clear notice. This means not only notice on the road for advancing traffic but also notice to the local community at large. Watch your local news and listen to the local radio stations for advertisements and warnings.
- - Uniformed officers. Patrol cars with flashing lights must be present. Look for clear markings of which law enforcement agencies are present. Don’t open your windows or doors without being sure that you are in the custody of real law enforcement officers.
- - Safe and visible area. The goal of law enforcement is public safety. Hidden or concealed stopping points are unnecessarily dangerous to everyone involved, regardless of the precautions taken by the officer. Make sure your vehicle is clear of and clearly visible to the continuing traffic.
- - Stop all cars. Both directions of travel should be subject to the same traffic congestion. There must be no discretion left to the conducting officers.
KNOW YOUR RIGHTS All public laws are created to protect and serve society as a whole as well as maintaining individual liberties. Conduct yourself as a good citizen and obey the rules of the roads. Good citizens do not deserve unnecessary intimidation by law enforcement trying to weed out the bad apples and increase revenues by writing expensive citations. Know the laws and your rights under the laws.
Have a safe and happy holiday season, and a happy new year!
The Truth about your Memphis and Shelby County DUI Case
November 19, 2007 | Leave a Comment
Here is the truth of the situation if you are facing a DUI charge in Memphis:
- Your fate lies in the facts of your case, not in some magical power of your lawyer.
- It’s very possible that the police officer who arrested you is a specialist. In Shelby County the Sheriff’s department has a group called the Shelby County Metro D.U.I. units who’s sole purpose on the police force is to arrest and convict drunk drivers.
- Anything and everything that occured and every word you said was probably recorded for viewing by a judge and jury in the event of a trial.
- If you took a breathalyzer test like roughly 50% of those arrested, and you blew over .08% the officer doesn’t even have to testify in order for you to be convicted of DUI due to Tennessee’s DUI per se law.
- 98% of the people charged and ticketed with a DUI offense in Memphis plead guilty to something.
- It is extremely uncommon to take a DUI case to trial. Of the over 2,800 arrests for DUI in Memphis and Shelby County last year less than 20 went to trial.
- Over 1/2 of those arrested for DUI in Memphis refused to take the breath test. Nearly everyone of them lost their license for at least a limited amount of time.
- You need a Memphis DUI Lawyer to help you.
