Fortunately, for most drivers, a trip in your car is normally uneventful with the exception of traffic headaches. In certain situations, a car trip can result in criminal charges.
Driving Under the Influence
Driving Under the Influence (DUI) is a crime, which carries severe consequences including mandatory jail time and loss of your driving privileges. Further, a DUI conviction cannot be expunged from your record.
What is a DUI?
In short, Tennessee law prohibits an individual from being in “physical control” of an “automobile or other motor driven vehicle” on any “public road or highway” while under the “influence of any intoxicant” that “impairs the driver’s ability to safely operate a motor vehicle” or while the driver’s blood alcohol concentration is .08 or greater.
Consequently, a person can be arrested for DUI while on prescription or over the counter medication and can further be arrested by merely sitting in or sleeping in a parked vehicle.
Attack and Challenge the State’s Case
Just because you have been charged with a DUI does not mean you are guilty of a DUI. The burden of charging an individual of a crime is far less than the burden required of the State to convict someone of a crime.
Your constitutional rights, specifically under the 4th and 5th Amendments of the Bill of Rights, protect you against unlawful State action that may have been utilized to procure evidence against you. Attorneys at Hagan & Todd will thoroughly analyze your case to determine if your rights were violated, and if so, move to exclude evidence against you. Attorneys at Hagan & Todd have successfully suppressed evidence in some of Nashville’s most prominent DUI cases resulting in their dismissal.
In addition to your constitutional rights, attorneys at Hagan & Todd will further analyze and attack the State’s evidence.
Standardized Field Sobriety Tests (SFSTs) utilized by law enforcement include the one leg stand, the walk and turn and the Horizontal Gaze Nystagmus test on your eyes. Many factors affect a person’s ability to perform these tests and many officers are poorly trained on the correct method of administering these tests. Attorneys at Hagan & Todd, both former prosecutors, will break down and attack the results of your Field Sobriety Tests.
Chemical tests, which are also utilized by the State in their prosecution, are not fool proof. Many factors affect the reliability of these results as well as the admissibility of these test results. If your test results are above the legal limit, you still have a defense. Also, it is noteworthy that the State can still prosecute an individual whose blood alcohol level registers below the .08 legal limit.
Vehicular Homicide and Vehicular Assault
Vehicular homicide and vehicular assault are felonies which carry severe consequences. Both vehicular homicide and vehicular assault cases do not require intoxication.
Vehicular homicide and vehicular assault cases require immediate investigation as critical evidence such as skid marks, street camera videos and other physical evidence can quickly be compromised.
Hagan & Todd have successfully defended vehicular homicide cases at trial by utilizing private crash reconstruction experts. As a prosecutor, Jim Todd, prosecuted the first aggravated vehicular homicide trial in the State of Tennessee.
If charged with vehicular homicide or vehicular assault you need an experienced attorney. Vehicular homicide and vehicular assault can also have spin-off civil cases.
Attorneys at Hagan & Todd share their vast experience in defending your case. They utilize every possible resource to attack and dismantle the State’s case and defend your rights.