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” or “The Unauthorized Guide to Mississippi 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.
