Archive for category Legal Rights
Underage Consumption: What a Headache.
Posted by Arrin Zadeh in criminal offense, Criminal Record, Frequently Asked Questions, Legal Rights on March 7th, 2024
As most folks should know, if you are under the age of 21 you are not allowed to consume alcohol in Tennessee (and all other states in the U.S.). In fact, an underage person who has been drinking or is in possession of alcohol could find themselves in trouble not only criminally, but also academically. The days of college kids getting a “slap on the wrist” for underage consumption are gone. Getting caught underage drinking, at a bar or elsewhere, and being asked to leave/safely get home is no longer the norm. More and more underage individuals are being arrested for drinking underage and the consequences are much more serious than just a headache from a bit too much to drink.
Under Tennessee law, an offense of Underage Consumption is codified in T.C.A. § 1-3-113. The code sets out that if one is underage (under 21 years of age) and that person is arrested or cited for drinking/possessing alcohol (among several things), the punishment can be up to 11 months and 29 days in jail, if convicted. This means the offense of Underage Consumption is a Class A Misdemeanor, the most serious class of Misdemeanor Offense in Tennessee. Additionally, the individual faces up to a $2,500 dollar fine. In some cases, the person could lose their driving privileges up to one year.
Aside from the legal punishments, if the individual is in school (high school or college) and charged with Underage Consumption of Alcohol, they can also face academic consequences (such as: probation, loss of scholarship, or expulsion). Depending on the circumstances, the individual’s academic record could be tainted and could lead to difficulties graduating or being accepted into a competitive graduate school program.
As the reader can tell, drinking underage can lead to more than just a headache from the hangover. This offense can lead to major difficulties for that individuals’ future (criminally and academically).
A knowledgeable and well-versed lawyer may be able to help not only avoid a conviction for this offense but be able to erase it from the individual’s public criminal history. The lawyers at Oberman and Rice are willing and able to help with such a situation. The Oberman and Rice Law Firm is located only a few minutes from the University of Tennessee-Knoxville and deals with many of these types of alcohol violations (and academic situations). Our lawyers are available 24 hours a day if you or a loved one needs help and/or information to preserve their future because of an underage drinking charge. The Oberman and Rice Law Firm may be reached by calling (865) 249-7200.
Labor Day Weekend 2019: Sobriety Checkpoints Planned for East Tennessee
Posted by Arrin Zadeh in Boating Under the Influence (BUI), DUI Penalties, Field Sobriety Tests, Hiring a Tennessee DUI Attorney, Legal Rights, Tennessee DUI Checkpoints, Tennessee DUI Consequences, Tennessee DUI Information, Tennessee DUI Laws, Tennessee DUI News, Traffic Citations, Traffic Ticket on August 28th, 2019
Drivers in East Tennessee need to be mindful during the upcoming Labor Day Weekend while driving to the lake for one more weekend of “fun in the sun” before the summer ends and football time begins! Tennessee Highway Patrol troopers and other law enforcement agencies will be out in force in most of the East Tennessee area this Labor Day weekend ensuring that motorists are not driving while impaired or committing traffic violations.
The 2019 holiday enforcement period begins Friday, August 30, and will include several sobriety checkpoints in the following East Tennessee counties: Union, Campbell, Monroe and Sevier. For a full list of checkpoints please click here.
The DUI defense lawyers at Oberman & Rice are always willing to help those who may find themselves being arrested at one of these checkpoints or being cited for a traffic violation. If you or a loved one find yourself in need of a skilled trial lawyer, please make sure to contact one of our three law partners 24/7 at (865) 249-7200 or by visiting www.tndui.com.
Don’t Drink and Scoot
Posted by Arrin Zadeh in Boating Under the Influence (BUI), DUI First Offense Penalties, DUI Penalties, Hiring a Tennessee DUI Attorney, Legal Rights, Tennessee Driver's License, Tennessee DUI Consequences, Tennessee DUI Information, Tennessee DUI Laws, Tennessee DUI News, Tennessee DUI Penalties, Tennessee Traffic Violations, TN BUI on July 3rd, 2019
On July 1, 2019, several new laws and modifications of current Tennessee DUI laws were implemented. The first we will discuss (with more updates to follow on this blog) refers to all of the scooters that have become common place in most major downtown areas in Tennessee. In downtown Knoxville, for example, you cannot walk a block without seeing these scooters available for rent. In case you are not familiar with these scooters, one such company, called Zagster (2024 update: Zagster has since closed. If you are interested, in what happened to Zagster, read this article by Randy Joycelyn), releases these scooters for rent and places many of them around busy areas hoping for people passing by to rent one to travel (or scoot) around the city. It is hard pressed to not see at least one person zooming along the street or sidewalk on one of these devices.
The new law, mentioned above, aims to eliminate the problem of impaired people renting these scooters by making such an action punishable under Tennessee’s DUI laws. As this recent article on WKRN states, these electric scooters will be considered motor-driven vehicles. This language is important because under Tennessee’s DUI laws, the operator must be in physical control of a motor-driven vehicle to be arrested for a DUI. As we have discussed previously on this blog (and at our website- www.tndui.com), if convicted of a DUI you face some of the following punishments: mandatory jail time (up to 48 hours on a First Offense); fines; required attendance of a Drug Education Course and a loss of your Tennessee driving privilege.
Please remember that over this holiday weekend if you decide to enjoy the festivities in an area that allows for these scooters to be rented, please do not drink and scoot. You may find yourself being placed under arrest for a DUI! If you’ve been charged with Driving Under the Influence in Tennessee while on one of these scooters, operating a boat or while driving in your vehicle, please contact the Oberman and Rice Law Firm at (865) 249-7200. We are available 24/7.
THP set to combat distracted drivers with “Operation Incognito”
Posted by Arrin Zadeh in Court Procedures, criminal offense, Driver License Reinstatement, Frequently Asked Questions, Legal Rights, Tennessee Driver's License, THP, Traffic Citations, Traffic Ticket, Uncategorized on November 13th, 2018
Drivers on the roads throughout Tennessee who are preparing for the Holiday Season need to be mindful as the Tennessee Highway Patrol initiates “Operation Incognito”. The campaign started on November 11 and plans to run through November 17.
The initiative’s goal is to combat distracted driving (texting while driving, etc.) on the roads of Tennessee. As THSO Director Vic Donoho states, “The primary focus of Operation Incognito is to reduce distracted driving, serious injury traffic crashes, and fatalities.” Additionally, THSO Director Vic Donoho goes on to say that some secondary goals of “Operation Incognito” will be for the Tennessee Highway Patrol to saturate construction zones and attempt to increase driver’s awareness for utility maintenance zones.
The DUI defense lawyers at Oberman & Rice are always willing to help those who may receive any traffic citations during the Operation Incognito campaign and beyond. Traffic violations (if convicted) can add points to your driver’s license and cause your insurance premiums to skyrocket. Before you pay off a traffic citation and receive a conviction, it is important to discuss with a lawyer any potential penalties and consequences. Please review our website for more information or call us with questions at (865) 249-7200. Our lawyers are available 24/7.
Tennessee Highway Patrol Planned Checkpoint For Labor Day 2018
Posted by Arrin Zadeh in Boating Under the Influence (BUI), Breath, Chemical (Blood, criminal offense, DUI Penalties, Field Sobriety Tests, Frequently Asked Questions, Horizontal Gaze Nystagmus Test, Legal Rights, One Leg Stand Test, Tennessee DUI Checkpoints, Tennessee DUI Chemical Tests, Tennessee DUI Consequences, Tennessee DUI Information, Tennessee DUI Laws, Tennessee DUI News, Tennessee DUI Penalties, Tennessee Traffic Violations, Walk and Turn Test on August 27th, 2018
Motorists in Knoxville need to be mindful during the upcoming Labor Day Weekend while driving to the lake or local pools to celebrate the “unofficial” end of summer. Tennessee Highway Patrol troopers will be out in force this Labor Day weekend ensuring that motorists are not driving while impaired or committing traffic violations.
The 2018 holiday enforcement period begins Saturday, September 1, and will include a sobriety checkpoint at East Emory Road at Longmire in Knox County, Tennessee. Other checkpoints are scheduled throughout September for the East Tennessee area. For a list of all planed checkpoints in September 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.
Fourth of July Holiday and Fireworks
Posted by Arrin Zadeh in criminal offense, Criminal Record, Frequently Asked Questions, Legal Rights on June 28th, 2018
With the Fourth of July Holiday quickly approaching, it is important to take a step back from the lake adventures and cookouts to think of our great country and how many of our forefathers fought and persevered for our country’s Independence around 242 years ago. As with every Fourth of July Holiday, the city of Knoxville will have a celebration (rain or shine) that culminates with Fireworks (free to the public) starting around 4:00 p.m. and the Fireworks to be deployed around 9:45 p.m. Information regarding the celebration may be found here.
All of us love fireworks (except for maybe our four-legged family members). Please remember that the City of Knoxville prohibits the possession, transportation, storage, manufacture, sale, handling and discharge of fireworks without a permit from the Fire Marshall (See the Knoxville Tennessee City Code of Ordinances, Section 11-5 through 11-7). Furthermore, violation of this City Ordinance is a Misdemeanor with a fine of up to $500.00 and/or 30 days in jail for each separate offense (See the Knoxville Tennessee City Code of Ordinances, Section 1-9; General penalty- continuing violations). In other words, shooting (even simply handling) fireworks without a permit in the City of Knoxville can lead to criminal prosecution that may result in a criminal conviction on your criminal public record that may hinder your ability to obtain a job or your ability to receive a scholarship for college/higher education. Additionally, Knox County (outside the city limits of Knoxville) does not allow the shooting/possession of fireworks.
The criminal defense lawyers at Oberman & Rice are always willing to help those who have been arrest or cited for a criminal offense. Our lawyers are available 24/7 to answer questions regarding an arrest or citation for any criminal offense. Please review our website for more information or call us with questions at (865) 249-7200.
“No Refusal” Sobriety Checkpoints on New Year’s Eve
Posted by Steve Oberman in Chemical Tests, Legal Rights, Tennessee DUI Checkpoints, Tennessee DUI Chemical Tests, Tennessee DUI Information, Tennessee DUI Laws, Tennessee DUI News on December 30th, 2016
On New Year’s Eve, as 2016 draws to a close, Tennessee Highway Patrol troopers will be out in force with multiple sobriety checkpoints throughout the state.
In East Tennessee, “No Refusal” Sobriety Checkpoints are planned in Knox, Loudon, Roane, Campbell, and Sevier County. For the exact locations and a full list of all planned checkpoints throughout the state, click here.
The term “No Refusal” relates to the use of chemical tests (blood, breath, or urine) to measure the concentration of alcohol or drugs in a person’s system. Usually, a person who is arrested for DUI has the right to refuse to consent to a chemical test, although there are exceptions to the right to refuse and there are consequences to refusing. If an arrestee refuses to consent, a law enforcement officer has the option of obtaining a search warrant that requires the arrestee to submit to a chemical test.
During “No Refusal” enforcement periods, like this holiday weekend, the Tennessee Highway Patrol typically has a Tennessee judge (or judges) on call. If a person is arrested for DUI and refuses to submit to a chemical test, and if the judge determines that the requisite legal grounds exist, the judge will issue a search warrant. This search warrant allows the officer to obtain a chemical test (most often a blood sample), even over the objection or refusal of the motorist placed under arrest.
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. Even during this busy holiday season, the DUI Defense attorneys at Oberman & Rice are available to speak with you 24/7.
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, 8th 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.
Impact of Out of State Convictions in Tennessee
Posted by in Court Procedures, Criminal Record, Frequently Asked Questions, Hiring a Tennessee DUI Attorney, Legal Rights, Tennessee DUI Penalties, Uncategorized on April 3rd, 2013
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.
Knoxville Sobriety Checkpoint Scheduled for February 1, 2013
Posted by Sara Compher-Rice in Field Sobriety Tests, Hiring a Tennessee DUI Attorney, Legal Rights, Tennessee DUI Checkpoints, Tennessee DUI Information, Tennessee DUI News on February 1st, 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.
Increased Roadway Patrols for Holiday Season
Posted by Sara Compher-Rice in Frequently Asked Questions, Legal Rights, Tennessee DUI Checkpoints, Tennessee DUI News on December 21st, 2012
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:
- Am I required to take the field sobriety tests?
- Do I have a legal right to refuse a breath or blood test (chemical test)?
- Do I have a right to select between a blood or breath test?
- Do I have a right to consult with my lawyer prior to taking field sobriety tests or a chemical test?
- Do I have a right to obtain my own blood alcohol test?
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.
You May Be Eligible to Have Your Tennessee Criminal Conviction Erased
Posted by in Court Procedures, Criminal Record, Expungement, Frequently Asked Questions, Hiring a Tennessee DUI Attorney, Legal Rights, Tennessee DUI Information, Tennessee DUI News, Uncategorized on May 24th, 2012
Under a new Tennessee law, signed by Governor Haslam on May 21, 2012, individuals with a Tennessee criminal conviction may now be eligible to have these convictions expunged (or erased) from their Tennessee criminal history. If you believe your Tennessee criminal conviction may now be expunged, you may contact our office at 865-249-7200 for more information and/or for assistance with the Tennessee expungement process. Additional information can also be found by visiting www.eraseyourrecord.com.
The Top 10 Things to Know about the New Expungement Law:
- Tennessee Code Annotated, Section 40-32-101(g) – The New Expungement Statute – ONLY applies to Class E Felonies and Misdemeanors, but does not apply to all Class E Felonies and Misdemeanors.
- To find out if you or someone you know is eligible to have a conviction expunged and removed from a criminal record, please contact our office at 865-249-7200.
- Read the rest of this entry »
Would you want your blood taken by someone not certified to do so?
Posted by Steve Oberman in Chemical (Blood, Chemical Tests, Frequently Asked Questions, Legal Rights, Tennessee DUI Chemical Tests, Tennessee DUI Information, Tennessee DUI Laws, Tennessee DUI News on March 7th, 2012
In 2012 Senate Bill 2787, Senator Brian Kelsey, a Republican from Germantown (part of Shelby County), has sponsored a bill allowing a person who is “properly trained,” but not necessarily certified to draw the blood of a person suspected of DUI to determine alcohol and/or drug content. What should concern Tennessee citizens is that this bill removes the requirement found in current law (T.C.A. Section 55-10-410 which deals with drawing blood in driving under the influence/implied consent violation situations) that the person drawing the blood shall be:
A registered nurse, licensed practical nurse, clinical laboratory technologist, clinical laboratory technician, licensed emergency medical technician, licensed paramedic or, notwithstanding any other provision of law to the contrary, licensed emergency medical technician approved to establish intravenous catheters, technologist, or certified and/or nationally registered phlebotomist or at the direction of a medical examiner or other physician holding an unlimited license to practice medicine in Tennessee under procedures established by the department of health.
Remarkably, there are no provisions in this bill detailing the amount of training or even requiring that the person drawing the blood pass a proficiency test. Nor are there provisions requiring a judge to determine that probable cause (the legal grounds required for arrest) exists before the blood is taken from the body.
While I am certainly far from a health care professional, I have had substantial experience as a non-certified phlebotomist when I worked in a hospital blood laboratory, albeit about 35 years ago. I am aware of some of the potential complications from an improper blood draw such as thrombophlebitis, infection, damage to blood vessels, hematoma/bruising, and damage to the nerves near the venipuncture site.
Moreover, the proposed law gives no consideration to the fact that the officer may suffer from a contagious disease, is working in poor lighting conditions, or may be distracted by law enforcement duties during the blood draw. If a medical condition occurs during a blood draw—the criminally accused would have no immediate access to a healthcare provider for treatment. In some situations, such as infection, the symptoms, etc. may manifest long after the actual blood draw.
Not surprisingly, the proposed law provides that the person drawing blood shall not incur any civil or criminal liability as a result of drawing the blood, except for damages that may result from negligence. This means that a law enforcement officer with minimal training would be allowed to draw blood from a suspect with their arm on the hood of the police vehicle or similar unsterile environment. This could be done without supervision from any other person, opening the door to abuse and negligence that would be difficult to prove except in a rare circumstance where the invasion of one’s body would be documented by video.
In 2006, Ann Japenga, a reporter for the New York Times, wrote about her debilitating injury that, after much suffering, was determined to have been caused by the needle going through her vein and causing dangerous but invisible bleeding into her arm. The injury, caused by a phlebotomist in her doctor’s office, required surgery “to prevent permanent loss of the use of [her] arm, as well as a condition called “claw hand” that causes your digits to curl up like a sea anemone.” The full article can be accessed here: http://www.nytimes.com/2006/05/30/health/30case.html.
Simply allowing the injured party to sue for negligence, as Senator Kelsey proposes, is not an appropriate remedy. This type of case would have limited allowances for recovery. With few exceptions, Tennessee law limits recovery against governmental entities to the amount of $300,000.00 pursuant to The Governmental Tort Liability Act. Furthermore, this type of recovery would likely require the services of a civil lawyer who would (and should) charge a fee for his or her services. Accordingly, the injured party would likely receive less than two-thirds of a recovery after attorney fees. Moreover, expert fees, deposition costs and other trial expenses would have to be borne by the injured party.
If you have ever had a medical professional who is certified to draw your blood need to “stick” you on several occasions to obtain a sufficient sample, you can only imagine the type of abuse a suspect would receive from an uncertified law enforcement official. I urge you to contact your Legislator to vote against this bill.
It is also most interesting that Senator Kelsey is sponsoring another bill making it a crime that carries a penalty of up to 30 days in jail for a law enforcement officer to unlawfully install a tracking device on a person or object (2012 Senate Bill 3046). If he doesn’t trust a police officer to comply with a citizen’s right to privacy, how in the world would he expect an officer not to abuse a suspect when they stick a sharp object into their arm or other part of their body?
The lawyers at Oberman & Rice frequently monitor pending legislation that impacts the criminally accused, paying particular attention to those involving Tennessee DUI cases. Should you have any questions about a Tennessee DUI issue, you may contact Steve, Sara, or Nate by calling (865) 249-7200. You may also wish to review our website for additional information about Tennessee DUI Laws by clicking here.
How long can a person go to jail for a Tennessee DUI?
Posted by Sara Compher-Rice in Court Procedures, DUI First Offense Penalties, DUI Fourth Offense, DUI Penalties, DUI Second Offense, DUI Third Offense, Frequently Asked Questions, Hiring a Tennessee DUI Attorney, Legal Rights, Tennessee DUI Consequences, Tennessee DUI Information, Tennessee DUI Laws, Tennessee DUI Penalties on March 6th, 2012
The number of prior DUI convictions in a defendant’s past significantly affects the amount of jail time a defendant may expect to serve if he or she is convicted of a Tennessee DUI. It is important to note that the prior convictions need not be from Tennessee. Even out of state DUI convictions can be used against a person accused of committing a Tennessee DUI offense.
Tennessee DUI law requires minimum amounts of jail time to be served for all DUI convictions. If a defendant is convicted of a DUI, the judge MUST sentence that defendant to the minimum amount of time established by Tennessee DUI law, ranging from 48 hours in jail up to 150 days in jail, depending upon the offense. On the other hand, the judge may sentence a defendant to more than the mandatory minimum amount of time – this is more likely to occur with multiple convictions. Please visit our website for a full list of penalties for DUI convictions.
TN DUI lawyers know that any time in jail causes a major disruption in a person’s life, which is why anyone charged with DUI in Tennessee should consult with a Tennessee DUI attorney as soon as possible. If you have questions about your Tennessee DUI charge and associated penalties, our lawyers are available to assist you. Sara, Steve, or Nate will be happy to speak with you at (865) 249-7200.
Miranda Rights and Driving Under the Influence (DUI)
Posted by Sara Compher-Rice in Frequently Asked Questions, Legal Rights, Uncategorized on June 13th, 2011
On the anniversary of the Supreme Court’s landmark opinion Miranda v. Arizona, I thought it would be appropriate to address one of the most frequently asked questions that we encounter at Oberman & Rice: The officer did not read me my Miranda rights; what are the consequences of this omission? Unfortunately, all too often I have to explain to a client charged with a Tennessee DUI that the failure of the arresting officer to advise him of his Miranda rights will essentially have no impact on his case.
Why? Although popular culture has made Miranda a household word, movies and television shows do not fairly depict the complexity of when Miranda applies or the remedy available when Miranda is not explained to a criminal defendant. Generally, the prosecution cannot use statements made by a suspect during a custodial interrogation unless it first demonstrates the use of procedural safeguards to secure the privilege against self-incrimination (Miranda rights). At issue most often is the definition of “custodial interrogation.” You should consult an experienced attorney to determine whether the statements you made were pursuant to a custodial interrogation. If so, your lawyer may be able to keep the prosecution from using those statements against you in court (also known as suppression of evidence).
Exercise your Right to Remain Silent
Posted by Steve Oberman in Legal Rights, Tennessee DUI Information, Tennessee DUI News on November 3rd, 2009
Yesterday we addressed one category of DUI anomalies–driving unusual vehicles under the influence–but today we address a different type of anomaly, that of the self-reported DUI offense. According to an article from AOL yesterday, a Wisconsin woman reported herself to the authorities for driving under the influence.
Her motivation for doing so is not entirely clear, whether it was a moralistic admission of guilt, unusual behavior provoked by intoxication, or a combination of both.
Reporting one’s own DUI is a surefire way of being charged with the offense and therefore of dealing with it through the court system. Sometimes it is best to pull over in a safe area, take the key out of the ignition and place it outside the vehicle, then call a friend or family member to come get you and/or the car. Naturally, however, the most responsible option is to avoid driving under the influence altogether.
For more information about the crime of DUI in Tennessee and its consequences, feel free to contact The Oberman Law Firm at (865) 249-7200.