Challenging DUI Evidence

Jun 3, 2021 | DUI

Challenging DUI Evidence

Home 9 2021 ( Page 14 )

Challenging DUI Evidence

Using DUI Defenses that Work

People often feel that once they have been arrested for DUI that their case is hopeless and there is nothing they can do but accept their punishment. This couldn’t be further from the truth! At Davis & Hoss, PC, we have defended thousands of DUI cases since 1986, over which time we have helped clients obtain sentence reductions, reduced charges, and dismissals.

From many years of experience, we can tell you that there are DUI defenses that work!

Why we should be your first call:

We offer FREE case evaluations.
We are experienced trial lawyers.
Attorney Davis is rated 10.0 Superb by Avvo.
We handle state and federal cases.

Contact Davis & Hoss, PC for a Consultation

Contact Us

There are Always Ways to Challenge DUI Cases

DUI cases are unique from other criminal offenses because they require that defense attorneys have an understanding of the scientific and legal processes involved. Such issues are wide ranging and include search and seizure, due process, police misconduct, illegal interrogation, and evidentiary issues.

As experienced Chattanooga DUI attorneys, we understand the legal and scientific issues that intersect in DUI cases. Not only that, but we have a working understanding of how breath testing equipment is operated, as well as the procedures for collecting, analyzing, and storing chemical evidence.

Examples of questions to raise in a DUI case:

Was your traffic stop legal?
Were the field sobriety tests done correctly?
Was the chemical test analyzed and stored correctly?
Do you have a medical condition that could mimic impairment?
Was the breath testing equipment calibrated correctly?
Does the evidence on the dash cam match up with the officer’s testimony?

Contact a Chattanooga DUI Defense Lawyer

The above questions are only the tip of the iceberg. Over the years, we have developed effective techniques for cross-examining arresting officers and prosecution experts.

When facing the possibility of hefty fines, license revocation, incarceration, the installation of an Ignition Interlock Device (IID), attendance in a drug and alcohol treatment program and skyrocketing insurance premiums, you are going to want a defense attorney who knows how to investigate and develop these kinds of defenses.

DUI with Injury

Jun 3, 2021 | DUI

DUI with Injury

Home 9 2021 ( Page 14 )

DUI with Injury

Vehicular Assault in Tennessee

Are you being accused of causing serious bodily injury to another person as a result of drunk or drugged driving? If so, you are facing felony charges for vehicular assault and should engage a contact a criminal defense attorney right away.

DUI & Serious Injury to Another Person

Under Tennessee law, when a driver recklessly causes serious bodily injury to another person as a result of intoxicated (under the influence of alcohol or drugs) driving, that person commits vehicular assault, which is covered under Section 39-13-106 of the Tennessee Code.

Under 39-13-106, the offense of vehicular assault, a Class D felony.

Penalties for vehicular assault, include:

License revocation for 1 to 5 years
Between 2 and 12 years in prison
Fines and court costs
A restricted driver license is not available

Contact Davis & Hoss, PC for a Consultation

Contact Us

Serious Representation in Your Felony DUI Case.

As Chattanooga criminal defense lawyers, we understand that the majority of people who are arrested for DUI are everyday people with families and jobs depending on them.

If you are facing charges for vehicular assault, you need and deserve the best defense representation you can find. You should retain an experienced defense attorney from our firm that works proactively to pursue a positive outcome in your felony DUI case. We genuinely care about you and your future and are here to help.

Lying to Probation Officer is a Federal Crime

Jun 1, 2021 | News

Everyone knows that a person has the right to remain silent when faced with questioning by police and most people understand that you have the right to have an attorney present during questioning. Perhaps fewer people know that it is a crime to lie to federal agents.

In Vreeland, the court was faced with these issues in the context of a man who lied to his probation officer during his monthly probation meeting. Vreeland denied knowing a man involved in a crime. He too was a suspect in this crime. His probation officer pressed on these facts. Vreeland’s statements are what formed the basis of both a probation violation and the substantive new crime of lying to the PO–a federal agent. This is a novel issue in the Sixth Circuit.

In Vreeland the Court was face with two questions: whether his false statements to a probation officer during the course of a monthly supervisory meeting are protected by the Fifth Amendment privilege against self-incrimination, and whether such statements fall within the “judicial function exception” to prosecution set forth in 18 U.S.C. § 1001(b). The answer to both questions is no.

The Court reasoned that:
We have held that “the Fifth Amendment privilege against self-incrimination is not self-executing in the context of a meeting with a probation officer.” United States v. Miller, 910 F.2d 1321, 1326 (6th Cir. 1990) (holding that the defendant’s voluntary revelation to his probation officer during a presentence meeting that he regularly purchased cocaine to support his habit, resulting in the probation officer’s recalculation of the defendant’s base offense level and sentencing range for his drug offense, was not a compelled incrimination); see also United States v. Humphrey, 34 F.3d 551, 555 (7th Cir. 1994) (“[U]nless a state overtly threatens to revoke probation in retaliation for the legitimate exercise of the self-incrimination privilege, there is no reasonable basis for a probationer to believe that his Fifth Amendment rights are in jeopardy.”) (citing Murphy, 465 U.S. at 438).

As to the notion that these are protected communications that are not subject to prosecution, the Court rejected that idea.
A meeting between a probation officer and a defendant under supervision is not a “judicial proceeding” protected by § 1001(b) because it serves an administrative, not an adjudicative, function.

Vreeland received a two year sentence for lying to his PO and an additional two years for his probation violation.

The full opinion can be found here.

All Charges Against Tawana Blair In 1999 Cleveland Triple Murder

Jun 1, 2021 | Homicide, News

All Charges Against Tawana Blair In 1999 Cleveland Triple Murder

Home 9 2021 ( Page 14 )

A special judge has dismissed all charges against Tawana “Tart” Blair in the 1999 triple murder in Cleveland, Tn.

Judge Jon Kerry Blackwood, in a 13-page ruling, noted that a jury in 2009 had deadlocked on most of the charges facing Ms. Blair. Then she faced new charges four years later.

The state at one time was seeking the death penalty against her.

Judge Blackwood also removed former prosecutor Richard Fisher from the case and put Steve Crump in his place.

After the jury deadlock in 2009, Judge Amy Reedy proceeded to dismiss all counts of first-degree murder and second-degree murder (three of each) against Ms. Blair.

Ms. Blair had been shot herself in the Valentine’s Day triple slaying along with the three people who died – O.J. Blair, 18; Cayci Higgins, 19; and Dawn Rogers, 25.

The judge also acquitted Ms. Blair on especially aggravated robbery charges.

The only remaining charge had been facilitation of murder.

Her attorney, Lee Davis of Chattanooga, at the time said he believed that the state would be precluded from pursuing the remaining charge after the acquittals.

He said, “An acquittal on these charges is, in my opinion, a bar to later proceedings on facilitation. But, ultimately that will remain a decision that we will put to the court and Judge Reedy shall decide.”

He said, “Tawana has lived with this tragedy for more than a decade. On Feb. 14, 1999, she was shot and left for dead. In this senseless quadruple shooting, she lost her partner, Ms. Rogers, her best friend, O.J. Blair, and his girlfriend, Ms. Higgins. Tawana is relieved that Judge Reedy took the care to hear this case and she is deeply respectful for the time and care that this jury took in their deliberations.

“Tawana’s thoughts and prayers are first for the Rogers, Higgins and Blair families and the many relatives who attended the week-long trial.”

Maurice Johnson earlier was found guilty of murder and sentenced to life without parole.
Michael Younger went to trial, but a mistrial was declared based on prosecutorial misconduct.

Personal Injury Claims

May 31, 2021 | Civil Cases

Personal Injury Claims

Home 9 2021 ( Page 14 )

Personal Injury Claims

You may have a personal injury case if another’s negligence or intentional misconduct caused you bodily injury or emotional distress. You may also have a personal injury lawsuit if you have been defamed. Personal injury cases arise out of various situations, but some of the most common are slip and fall cases, defective products or “products liability” cases, medical malpractice claims, and injuries suffered as a result of foodborne illnesses.

You might also have a personal injury claim if you have been involved in a car, truck, or motorcycle accident. Whether you can recover damages for your injury depends on which car was at fault. There is a good chance that you are entitled to compensation for your suffering if the other car was speeding, ran a red light, failed to stop at a stop sign, rear-ended your car, or committed any number of other driving offenses.

Depending on the facts of your case, you may be entitled to monetary compensation for the injury that you have suffered. Many personal injury cases settle out of court, but many also go to trial. The attorneys at Davis & Hoss, PC have the knowledge and experience to help you negotiate a settlement or present your case to a jury.