Tennessee Criminal Lawyer Blog

Speeding and other minor traffic violations are much like downloading free music or fudging the numbers on one's income taxes in that those who do it know it's wrong but are hoping that there are so many people doing the same thing, hopefully to a greater degree, that the individual will not get caught. The difference between committing traffic violations and the other two types of illegal behavior, however, is that hundreds of Tennesseans are caught committing traffic violations every day. While being busted for speeding or improper lane change is a minor occurrence in itself, it can be a costly one, especially if the citation goes on the guilty party's driving record.

Continue reading "Tennessee's Driver Points System" »

The validity of traffic stops is a frequently contested issue in Tennessee criminal law, and with good reason. In many cases, it is the act of initiating a traffic stop that leads to charges of driving under the influence, simple possession, possession with intent to distribute, and many others. The United States and Tennessee Constitutions protect drivers from unreasonable searches and seizures, which has basically been interpreted in Tennessee to mean that a police officer must have “reasonable suspicion,” to believe the vehicle or its occupants are involved in criminal activity in order to stop the vehicle. Such suspicion can be provided by many different circumstances, such as the driver violating a traffic ordinance or driving suspiciously in some cases.

In State v. Brotherton, the Court will decide if a police officer had reasonable suspicion to stop the defendant’s vehicle based on the fact that the taillight was not in “good condition” because it was projecting a glaring or dazzling light. In this case, the defendant had broken the taillight and attempted to repair it with red repair tape. The intermediate appellate court held that the taillight was in proper working condition in that it provided proper warning and safety measures to other motorists and thus was in “good condition.” Thus, it held that the officer did not have probable cause for the stop. As such, the stop would have been illegal and any evidence of criminal activity uncovered during the stop would probably be suppressed.

Continue reading "State Supreme Court to Look at Traffic Stop Issue" »

For the tenth time, a Tennessee man has been arrested for driving on a revoked license. Police pulled the man over after seeing him cross the center line last Friday. During the traffic stop, the man decided that if he just drove away really fast he might not get a ticket. A high-speed chase ensued, leading police across two counties and reaching speeds of up to 100 miles per hour. The man eventually pulled over and surrendered to police. The charges against him include driving with a revoked license.

T.C.A. section 55-50-504 makes it illegal to operate a motor vehicle on a public roadway with a suspended, cancelled, or revoked license. The first offense under this section is a Class B misdemeanor, punishable by up to six months in jail. A second or subsequent offense under this statute is a Class A misdemeanor, punishable by up to eleven months and twenty-nine days in jail.

Continue reading "Tennessee Man Arrested for Driving with Revoked License for the Tenth Time" »

A man from Clinton, Tennessee died this past Wednesday night after a car struck him as he was crossing the street in Lexington, Kentucky. Police are still searching for the driver, who fled the scene. This is a classic and tragic example of what is known as a hit-and-run. From both a criminal law and injury law standpoint, commission of a hit-and-run is one of the absolute worst decisions that someone can make while driving a vehicle. The personal injury consequences are discussed in today’s blog on www.tennesseeinjurylawyerblog.com while this article deals with the criminal consequences of a hit-and-run.

A hit-and-run can give rise to a number of criminal offenses, the most serious of which is vehicular homicide (assuming the hit-and-run was not planned beforehand). T.C.A. section 39-13-213 defines vehicular homicide in the following manner:

• (a) Vehicular homicide is the reckless killing of another by the operation of an automobile, airplane, motorboat or other motor vehicle, as the proximate result of:
  
  1. Conduct creating a substantial risk of death or serious bodily injury to a person;
  
  
  2. The driver's intoxication, as set forth in section 55-10-401. For the purposes of this section, “intoxication” includes alcohol intoxication as defined by section 55-10- 408, drug intoxication, or both; or
  
  
  3. As the proximate result of conduct constituting the offense of drag racing as prohibited by title 55, chapter 10, part 5.

Continue reading "Hit-and-Run Kills Tennessee Man" »

There comes a time in every driver’s life when the light turns yellow at the worst possible moment and the decision has to be made: keep going or slam on the brakes. The root of the problem in this situation is that it is hard to calculate in a split-second whether or not the failure to stop will constitute running a red light and lead to a possible citation. Having to make this decision is frustrating and usually boils down to whether or not the driver thinks a policeman may be nearby. The Tennessee Court of Criminal Appeals recently heard a case that may shed some light on this vehicular vexation.

In a case styled State v. Mowery, the Court of Criminal Appeals was faced with the question of whether or not the defendant was guilty of failing to obey a traffic signal under Tenn. Code Ann. Section 55-8-110(a)(1) where he had entered the intersection to turn left when the light was green, properly yielded to oncoming traffic, and then turned left when the way was clear although the light facing him had already turned red. The court held that the turn was legal unless there was some sort of signage at the intersection that prohibited the turn, which in this case, there was not.

Continue reading "Court of Criminal Appeals Clarifies Rules of the Road" »

From time to time, I am asked what a person is legally supposed to do if he or she is involved in a Tennessee motor vehicle accident that results in injury. TCA 55-10-101 spells out a driver’s legal duties when involved in such accidents and imposes serious penalties on those who fail to comply.

The driver’s initial duty under the law is to immediately stop the vehicle at the scene of the accident. The law instructs that the vehicle should be stopped in a place that does not obstruct traffic anymore than is necessary.

The driver is also required to provide certain information to law enforcement personnel and to other drivers who were involved in the accident. The driver must provide the officer with his or her name, address and registration number of the vehicle driven. He must also, upon request, exhibit his license to the person struck or other attending person.

The driver is also under a duty to render “reasonable assistance.” This duty includes carrying, or the making of arrangements for the carrying, of the person to a physician, surgeon or hospital for medical or surgical treatment if it is apparent that treatment is necessary or if carrying is requested by the injured person.

Continue reading "Responsibilities of Drivers When Involved in Car Accidents in Tennessee" »

Under current DUI law, the introduction of the results of a blood alcohol test cannot be admitted into evidence without the defendant’s consent if blood was taken from the defendant while he or she was incapable of refusing the test (e.g., the defendant was unconscious).

The new law adds an exception to the blood alcohol test consent requirement. Enacted into law in May of 2009, the new law requires a law enforcement officer to cause the driver of a vehicle involved in an accident resulting in injury or death to another to be tested to determine the alcohol or drug content of the driver's blood, but only if the officer had probable cause to believe that the defendant driver had committed one of the following offenses:

• Driving under the influence of drugs or alcohol;
• Vehicular assault and aggravated vehicular assault; or
• Vehicular homicide.

Continue reading "New Law Allows Admission of Blood Alcohol Test Results Regardless of Defendant's Consent" »

Just last week while driving in the middle lane on I-40, a police officer blew right by me going approximately 80 mph. He was not operating his blue lights or his sirens. Suffice it to say, driving at high rates of speed is unlawful even for emergency vehicles when not operating emergency equipment. It is also unlawful to text while driving—at least for the general public. And yes, while speeding, this officer seemed to be texting. The tail-tell signs: both hands resting at bottom of steering wheel grasping a small mechanical device, head directed downward.

But the new Tennessee traffic violation law does not apply to police officers. On April 23, 2009, the Senate adopted certain amendments to the text messaging law and passed Senate Bill 393, which, as amended, specified that the bill does not apply to officers of the state, or of any county, city or town, charged with the enforcement of the laws of the state, when in the actual discharge of their official duties.

Continue reading "Texting While Driving Unlawful in Tennessee, Except for Law Enforcement Officers and Emergency Personnel" »

Under Article III of the U.S. Constitution as applied to the states through the 14th Amendment, all persons have a right to a jury when accused of a crime. The Supreme Court has decided, however, that the right does not extend to petty offenses. Under this judicial interpretation, states are free to determine which offenses are petty and which are not.

In Tennessee, petty offenses (or “small” offenses), are defined as cases where the potential sentence is less than $50 and carries no jail time. This can include ordinance and traffic violations in TN.

Defendants may also waive their right to a jury trial. In Tennessee, only Circuit Courts have jurisdiction to try cases before a jury. Further, only a Circuit Court can convict a person of a felony. If charged with a misdemeanor, the defendant is typically convicted and sentenced by a judge in General Session Court; however, the defendant can specifically request a jury trial and have his or her case heard in Circuit Court.

Continue reading "Right to a Jury in Tennessee" »

Despite widespread sale over the Internet and in flea markets nationwide, it is unlawful in the state of Tennessee to knowingly possess, sell, use, or operate a radar jamming device, jammer or scrambler that is designed or intended to interfere with, disrupt, or scramble the radar or laser used by law enforcement agencies and officers to measure the speed of motor vehicles.

Active use of a radar jamming device for the purpose of interfering with the radar signal of law enforcement officers is a Class B misdemeanor, punishable by up to six months in jail and/or a $500 fine. Any other offense relating to a radar tracking device is a Class C misdemeanor, which carries a $50 fine and up to 30 days in jail.

Federal criminal offenses for use or sale of a radar tracking device are much more severe. Under the U.S. code, it is a federal offense for any person to willfully or maliciously interfere with radio communications devices that are authorized by the FCC or operated by the United States Government. A conviction under federal law for willful use of such device may result in a $10,000 fine and/or a jail sentence of no more than one year.

Continue reading "Radar Jamming Devices" »

Beginning Wednesday evening and continuing through Monday morning in Manchester, the Tennessee Highway Patrol along with local law enforcement will be stopping cars for speeding violations along the routes leading to and from Bonnaroo. Inevitably, officers search some of these vehicles for drugs and drug paraphernalia in Tennessee.

Many speed traps leading to car searches will be set up along Interstate 24 (I-24) west toward Nashville and east toward Chattanooga. Drivers can also expect speed traps along U.S. Highway 41/70S in Coffee (Manchester), Bedford (Shelbyville), and Rutherford (Murfreesboro) counties in addition to state highway 55 (McMinnville Highway) going northeast toward Warren county (McMinnville) and southwest toward Tullahoma and Lynchburg in Moore county. State Highway 53 (Woodbury Highway) may also be heavily monitored. Other counties along I-24 include:

• Hamilton (Chattanooga)
• Meigs (Decatur)
• Grundy (Altamont)
• Van Buren (Spencer)
• Sequatchie (Dunlap)

Speed traps may also have been set up along I-40 in the following counties and county seats:
• Wilson (Lebanon)
• Smith (Carthage)
• Dekalb (Smithville)
• Putnam (Cookeville)
• Cumberland (Crossville)
• White (Sparta)
• Morgan (Wartburg)
• Anderson (Clinton, Oak Ridge)
• Roane (Kingston)
• Loudon (Loudon)
• Knox (Knoxville)
• Blount (Maryville)
• Sevier (Sevierville, Gatlinburg, Pigeon Forge)
• Cocke (Newport)

When stopped along these routes, officers often ask the driver for permission to search the vehicle. Intimidated, drivers often give their consent. However, you don’t have to! Did you know that only in certain limited circumstances can the officer search your vehicle? And, even if you do give consent, the consent must be unequivocally, specifically, and intelligently given without pressure or coercion. Moreover, if evidence is seized during a consented-to search, the evidence will only be admissible if it was within the scope of the consent given.

Upon refusal to give consent, however, the police may hold you for long periods of time in order to get a search warrant. But, a traffic stop for speeding can become unreasonable and unconstitutional if the time, manner or scope of the investigation exceeds the scope of probable cause. Remember that if the police hold you longer than necessary, all evidence they seize after that can be subject to suppression in court.

The police may also tell you that he or she has called for drug dogs and that you might as well let the officer search your vehicle. The officer may also say that he or she can search your car with or without your consent. Don’t believe the officer because this is not the law—you always have the right to refuse a search.

If you have fallen victim to an unlawful search and seizure of your person or vehicle and charged with a drug-related offense, the criminal defense attorneys at Baker Associates can help. Give us a call at 866-853-2888 to receive a free case evaluation.

Fines are a form of criminal punishment, just the same as imprisonment. Sometimes fines are the only form of punishment levied against a criminal defendant; other times fines are assessed to accompany a term of incarceration. That being the case, the payment of court-ordered fines is essential to clearing one’s record and avoiding further punishment. The traditional fines that most people are aware of are those for Tennessee traffic violations; however, fines can be assessed for almost any crime, both misdemeanors and felonies.

So what happens if you fail to pay your fines? The answer is found in TCA § 40-24-104.

If you fail to pay your fines, the court has several options at its disposal for you to review with your criminal defense attorney. First, if the failure to pay the fine was caused by an inability to pay, the court may, in its discretion, reduce the amount of the fine to a level that you are able to pay. Second, the court may also require that you be imprisoned until all or a designated portion of the fine is paid. This period of time is generally limited to the specified limits of imprisonment for a Class C misdemeanor, meaning that incarceration will be limited to 30 days.

Sometimes courts will permit an individual to make installment payments on their fines in order to ease the burden that a lump sum payment would impose. Default on these payments is generally treated the same as failing to pay the entire amount, and will be punished within the guidelines set forth above. There is one exception to this, however. When the installment plan is established to aid a defendant in the payment of fine for a traffic violation in Knoxville, default on the payments will result in the court revoking the defendant’s drivers license until the entire amount due is paid in full.