Interesting how cases can be similar and the lack of investigation. Two cases where the accused has a minor accident with no damage (first question is this really and accident) the person leaves and has no police contact until 3-4 hours later. How does the government expect to prove that a person was impaired while driving if there was no contact or witnesses for over 3 hours. The question I am pondering why charge DUI and not just leaving the scene. I quess the need to make quota’s is still prevelant and not worry about what we can prove. Maybe they person will just plead guilty and not talk to anyone about their rights.
February 28, 2011
February 24, 2011
Spoke on Tuesday afternoon along with Assistant DA Kyle Anderson to the Nashville Bar Association concerning the new DUI laws. Was a good turnout and a good exchange of information. It was good to hear the State’s perspective on the new laws and how some of them came to be. A thank you to Kyle Anderson for as he said “stepping into the lions den” to give us some information. It will be interesting the next couple of months to see how some of these laws play out and what changes are proposed by the legislature for 2012.
February 11, 2011
The uncertainty of the law conerning a person charge with a second or more DUI and the right to bond is still brewing. In Davidson County Judge Fishburn has stood up to the law and stated it is unconstitutional and people here are being afforded bond. The battle is still raging in other counties throughout the state.
The law about restricted license, may be a benefit to poeple that do lose there license. The law that went into effect on January 1, 2011. It lists certain people that will be required to have an interlock on their car for it to start. The benefit is that all people can request the interlock and if you have it then you have no resctiction as to time and location you can drive. After a review of the law it is the opinion of the Department of Safety that a person even though charged in 2010 can use this upon a loss of license in 2011 this is good news for the hard working folks in the state. The one issue that I have not seen litigated is the new Implied Consent law and the arguing it before the General Session Court. The question becomes what role will motions play in General Session Court, and what is the proper appeal process. That is question that will be fought out in the courts next. As always the ever changing DUI statue will keep all parties busy with litigation.