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Are you familiar with recent holdings impacting DUI cases in Tennessee? Some recent court holdings involving "Driving Under the Influence" include:
- Trial court erred in denying defendant’s motion to suppress evidence obtained as a result of a traffic stop when the officer did not have reasonable suspicion to stop the defendant’s vehicle based on the fact that the defendant’s license plate was not clearly visible due to an inoperable tag light.
- Officer did not have reasonable suspicion to stop a defendant’s vehicle when the officer based the stop on the fact that the defendant’s taillight, which had been repaired with red tape, was not in "good condition" because it was projecting a glaring or dazzling light.
- Trial judge erred in failing to instruct a jury on the defense of necessity in a DUI case.
- Evidence supported a trial court’s denial of a defendant’s motion to suppress when the officers had reasonable suspicion to stop the defendant’s vehicle based on defendant’s more than imperfect driving or mere weaving within his own lane of travel.
When you participate in this all-new Tennessee Attorneys Memo audio conference, you'll get a judge's perspective on cases like these and you will learn how to overcome challenges in trying a DUI case, such as:
- Challenging the stop of a defendant’s vehicle. Was the stop based on reasonable suspicion of drunk driving? Did the officer observe the defendant driving erratically or was the defendant’s driving less than perfect?
- Challenging the officer’s testimony about the defendant’s performance of field sobriety tests. Were the sobriety tests administered properly? Were the Sensing requirements met? Was the officer qualified to testify about the tests?
- Challenging the sufficiency of the evidence. Were the elements of DUI satisfied? Was the defendant driving on a public road? Was he or she in "physical control" of an operable vehicle?
November 10, 2009
Challenges in Trying a DUI Case: Tips from the Bench
is just $[price].
or call (800) 274-6774
Judge Steve Dozier
Judge Steve R. Dozier is a
judge on the Davidson County Criminal Court, Division I. He was appointed by Governor Don Sundquist, on December 12, 1997, to fill the unexpired term of the late Thomas H. Shriver. The appointment was made after Judge Dozier's name was submitted to the Governor by a statewide bipartisan Judicial Selection Commission.
He teaches Evidence at the Nashville School of Law.
Prior to his appointment, he had been an Assistant District Attorney General for nine years and had served as a Team Leader in the Criminal Courts. Judge Dozier also practiced for five years in the law firm of Williams, Smith & Dozier. His career includes twenty years of service in the General Sessions and Criminal Courts of Davidson County, which includes serving as law clerk for the Honorable J. Randall Wyatt, and as court clerk for former Supreme Court Justice Adolpho A. Birch. Judge Dozier has experienced criminal cases from the perspective of a prosecutor, a defense attorney, a clerk and a judge.
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