Driver in fatal Flagler accident won't face DUI manslaughter charge

The driver of a pickup who struck and killed a 15-year-old on a bicycle in Seminole Woods in August had a blood-alcohol level nearly twice the legal limit but won't be charged with DUI manslaughter, according to the Florida Highway Patrol.

Source: http://www.news-journalonline.com/news/local/flagler/2011/12/16/driver-in-fatal-flagler-accident-wont-face-dui-manslaughter-charge.html

Nashville Drug Crime Lawyers Drug Crime Attorneys Nashville Drug Crime Lawyers Nashville Drug Crime Attorneys

DUI charges filed against Carpinteria City Councilman

The Santa Barbara County District Attorney's office Thursday announced DUI charges filed against a Carpinteria City Councilman. It is the second time he's faced DUI charges.

Source: http://www.ksby.com/news/dui-charges-filed-against-carpinteria-city-councilman/

Criminal Attorneys Criminal Lawyers Nashville Drug Crime Attorneys Nashville Drug Crime Lawyers

Meth offenders released on bond - KOKI FOX 23

Meth offenders released on bond KOKI FOX 23 A number of offenders released early from prison this year and required to wear a GPS ankle monitor in Tulsa County served just a few months in prison for meth crimes. A handful have prior meth convictions and failed drug court. ... and more »

Source: http://news.google.com/news/url?sa=t&fd=R&usg=AFQjCNECDrOg1OJxuh3utvJVZx7f7Z6ADQ&url=http://www.fox23.com/news/local/story/Meth-offenders-released-on-bond/3IqKqnUSEUOKD2qCBx0noA.cspx

Nashville Criminal Charges Attorneys Criminal Charges Lawyers Nashville Criminal Charges Attorneys Nashville Criminal Charges Lawyers

Prosecutors drop charge against Patriots' Edelman

Prosecutors on Thursday dropped an indecent assault and battery charge against New England Patriots receiver Julian Edelman, saying evidence suggests he just briefly grabbed the hand of a woman who accused him of groping her. Edelman, 25, was accused of grabbing the woman's crotch after reaching under her costume during a Halloween party at a Boston nightclub.

Source: http://sports.yahoo.com/nfl/news?slug=ap-patriots-edelmanarrest

Nashville Drug Crime Lawyers Drug Crime Attorneys Nashville Drug Crime Lawyers Nashville Drug Crime Attorneys

Tennessee's Role in the Casey Anthony Trial

A forensic scientist in East Tennessee provided the prosecutors in the Casey Anthony trial key evidence which gave some indication as to how Caylee Anthony died and assisted the prosecutors in attempting to establish pre-meditation, even if ultimately unsuccessful. Dr. Arpad Vass and a group of scientists at Oak Ridge National Laboratory in East Tennessee were provided with air samples from the trunk of a car where prosecutors contended Casey stored Caylee’s body following her death. Dr. Vass analyzed the air samples using a technique intended to identify body vapors which are typical of decomposing bodies known as decomposition odor analysis, or “DOA”. The report indicated that an unusually high amount of chloroform was present in the air samples from the car’s trunk. Prosecutors used Dr. Vass’s testimony as evidence to then argue Casey Anthony used chloroform to put Caylee to sleep while she duct taped Caylee’s mouth and killed her. Criminal defense attorneys largely focused their cross examination on Dr. Vass on the fact that the science is relatively new and that it had never previously been used in a criminal case.

Provided by: 

Shipman & Crim, PLC

Nashville Criminal Defense Attorneys

332 White Bridge Pike

Nashville, Tennessee 37209

(615) 829 - 8259

Nashville Criminal Attorneys Explain: What is Drug Paraphernalia?

Criminal attorneys are commonly asked by clients facing a possession of drug paraphernalia how officers can determine what is and what isn’t drug paraphernalia. A pipe is often used as an example which could legitimately be used to smoke tobacco just as well as marijuana or crack cocaine. Tennessee law provides some degree of discretion to the courts when determining whether a device is drug paraphernalia or lawfully possessed.

Tennessee law instructs the court as to the evidence which it should consider when determining the answer. The following is considered:

1. Statements by the owner or anyone in control of the object concerning its use;

2. Prior convictions, if any, of the owner or of anyone in control of the object for violation of any state or federal law relating to controlled substances;

3. The existence of any residue of controlled substances on the object;

4. Instructions, oral or written, provided with the object concerning its use;

5. Descriptive materials accompanying the object that explain or depict its use;

6. The manner in which the object is displayed for sale;

7. The existence and scope of legitimate uses for the object in the community; and

8. Expert testimony concerning its use.

What is the punishment for possession of drug paraphernalia in Tennessee?

The possession of drug paraphernalia can be either a Class A Misdemeanor or a Class E Felony in Tennessee, depending in the circumstances. For example, the sale of drug paraphernalia to a person under 18 by a person over 18 is a Class E Felony. Possession of drug paraphernalia in conjunction with the intent to sell a controlled substance is also a Class E Felony. Simply possessing drug paraphernalia it and of itself with no other factors is typically a Class A misdemeanor.

If you’ve been charged with possession of drug paraphernalia in Nashville or a surrounding county, contact a Nashville criminal attorney immediately to discuss the criminal charges. Our Nashville criminal attorneys include a former Nashville prosecutor and offer free consultations and case evaluations. 

Provided by: 

Shipman & Crim, PLC

Attorneys at Law

332 White Bridge Pike

Nashville, Tennessee 37209

(615) 829 - 8259

New DUI Law for 2012 in Tennessee

The Tennessee DUI current law provides that a police officer who has probable cause to believe an individual is driving under the influence, they may request the person submit to a blood alcohol concentration test. If the person elects not to submit to the blood alcohol test they will be charged with a violation of the Tennessee implied consent law and will lose their driver's license for one year. 

On May 20, 2011, the Tennessee legislature changed the DUI law starting in 2012. The new DUI law in Tennessee will require that anyone who has a prior DUI conviction, vehicular homicide due to intoxication conviction or aggravated vehicular homicide conviction or any person with a child under the age of 16 in the vehicle at the time, MUST submit to either a blood or breath test if they are believed to be driving under the influence. The new DUI law (HB 715 and SB 1270) states, in part:

“The test shall be performed in accordance with the procedure set forth in this section and shall be performed regardless of whether the driver does or does not consent to the test.”

The new DUI law in Tennessee raises constitutionality questions with regards to whether the forced blood alcohol tests would be admissible at trial. The 2012 DUI law has been submitted to the Governor and will go into effect on January 1, 2012. The full text of the DUI law.

If you have been charged with a DUI, contact our DUI Attorneys in Nashville immediately for a free consultation and discuss possible defenses to your DUI charge. 

Provided by: 

Shipman & Crim, PLC

Attorneys at Law

332 White Bridge Pike

Nashville, TN 37209

Office: (615) 829 - 8259