Category: Blood Alcohol Tests
TN man charged with public intoxication, not DUI, after incident
People generally assume that prosecutors bring drunk driving charges based on some amount of evidence. Whether that evidence is valid or sufficient to prove guilt beyond a reasonable doubt is a matter for a court to decide, and every defendant has a right to challenge the prosecution’s evidence. After all, police and prosecutors do make
No refusal really means no refusal
Last weekend marked the beginning of the summer driving season, and it represents the beginning of increased enforcement by the Tennessee Highway Patrol and other law enforcement agencies in an effort to reduce the number of highway deaths and serious injuries. During the Memorial Day weekend, the THP used increased patrols and various types of
Is current Tennessee blood test law constitutional?
In Tennessee DUI investigations, apparently one strike means a suspect is out. But should a DUI suspect be out of his constitutional right simply because of his history? A criminal defense lawyer in Tennessee is challenging a current DUI law in the state that he claims goes against the supreme law of this land. He
Tennessee court uses DUI suspect’s words against him
Anyone who has ever seen a legal drama on TV knows the words, “Anything you say can and will be used against you in a court of law.” That well-known phrase is more than a phrase. It if very much a cornerstone of the legal system. A criminal suspect must be read his rights. He
Conflict of interest in Tennessee DUI cases challenged
Someone who is convicted of DUI in Tennessee is required to pay at least a $250 fine. While convicted offenders and their families might feel that financial pinch, maybe they don’t think about where that money is going to. According to Tennessee criminal defense lawyer Jerry Summers, where the money from the DUI fines go to is
Jerry Summers and Benjamin McGowan, of Summers & Wyatt P.C. Attorneys at Law, file motions raising constitutional questions
As written by Beth Burger, of timefreepress.com, Jerry Summers and Benjamin McGowan, of Summers, Rufolo & Rodgers, have filed motions seeking to dismiss blood testing evidence in 22 DUI cases, arguing that the Tennessee Bureau of Investigation has a financial conflict of interest. The motion that raises constitutional questions was submitted Friday. The motion argues that state law enforcement has an incentive
In Tennessee, New Year’s and ‘No Refusal’ go hand-in-hand
While many are probably back to work after the Christmas holiday, there is still a big holiday this week. New Year’s Eve celebrations will surely have brought more joy to Tennessee, with New Year’s Day adding more fun to follow. For some drivers, however, the joy of the festivities might be tainted by the stress
BAC lab test controversy impacts McMinn and Bradley County cases
Every so often legal stories will hit the headlines that attract continued attention. Those stories become more significant when they actually hit close to home. In the recent controversy regarding a lab worker’s mix-up in BAC tests in Tennessee, his wrongdoing will impact DUI cases right here in Hamilton County, as well as various other
Lab problems lead to at least one DUI dismissal in Tennessee
In a recent post on our Tennessee DUI defense blog, we shared how a lab worker’s mistakes could have a severe impact on drunk driving cases in the state. One man was accused of causing a fatal accident because of drunk driving. But a lab test showed that an initial blood alcohol test was wrong
Does Tennessee lab mistake make for multiple DUI complications?
In March a car accident occurred in Tennessee. A person died in that accident. There is a difference, however, between a fatal accident and a fatal drunk driving accident. That difference significantly impacts a man’s life, reputation, future and freedom. Partly responsible for determining that difference is a toxicology lab that authorities depend on to