Due to alleged high Number of incidents of driving under the influence (DUI/DWI) and frequent crashes in the Tennessee Wildlife Management Areas, the Tennessee Wildlife Resource Agency (TWRA) have issued a ban of alcohol in most of the areas managed by the TWRA. As reported by WJHL-TV, starting April 15, 2024, possessing and consuming alcohol in TWRA Wildlife Management Areas (WMA) will become illegal, with a few exceptions to the rule. The WJHL-TV report shared that, “alcohol will still be permitted at designated TWRA campgrounds and on public waters bordering or within a WMA. Drunken disord ..read more

In Ohio, the offense of Aggravated Vehicular Homicide can be committed in various ways.  One of those ways is causing the death of another by operating a vehicle recklessly.  A recent case decided by an Ohio appellate court addressed whether the evidence proved the defendant was reckless.  Three Ways to Commit Aggravated Vehicular Homicide To prove a defendant committed the offense of Aggravated Vehicular Homicide in Ohio, the prosecution must prove the defendant operated a vehicle and caused the death of another person in one of the following three ways: as a proximate result ..read more

This weekend, former Florida Gator and now Georgia Bulldog, Trevor Etienne, the younger brother of NFL superstar Travis Etienne, was arrested for DUI. Like the rest of us, Trevor is facing consequences outside of the legal arena for his actions. Multiple reports have surfaced that Etienne is facing a minimum of at least a 1 game suspension and might lose his job as the starting running back for the Bulldogs. Further, this arrest will definitely affect his draft status/position come time for the NFL draft. So what happens to those of us who are not college football stars when arrested for DUI ..read more

Governor Ron DeSantis Announces Increased Police Activity Last Week, Florida Governor Ron DeSantis announced an increased law enforcement presence focused on the Miami Beach area (a popular spring break destination).  New enforcement efforts include curfews, officers patrolling on foot, by bicycle and using ATVs.  Additionally, Governor DeSantis announced increased DUI enforcement including DUI checkpoints. Governor DeSantis pointed out that, “Florida may be popular for spring break, but it is inhospitable to criminal activity.” Comments like Governor DeSantis’ have led people to jok ..read more

Can the Police make an arrest for DUI on Private Property?                The answer to this question will of course depend on the State in which you live.  However, in Florida, the answer is a resounding, YES!!  Florida’s DUI law found in Florida Statute §316.193 allows for law enforcement to make an arrest for DUI anytime a person is “driving or in actual physical control of a vehicle with this state.”  Elsewhere in Chapter 316, in the section entitled ‘Enforcement,” Florida law is clear that the traffic law ..read more

It is rare for this author to write about celebrities or other persons who are arrested for DUI. Nonetheless, it is important for the public to know that not everyone arrested for DUI is, in fact, guilty. The story about a longtime minister, William Rose is detailed in a report from WZTV in Murfreesboro, Tennessee. In this case, Mr. Rose admits he was likely at fault for a minor accident. After recently applying hand sanitizer, the officer alleged that Mr. Rose smelled like alcohol. Due to health issues and anxiety, Mr. Rose did not meet the officer’s expectations during field sobriety testin ..read more

When an officer pulls-over a motorist for a traffic violation, the officer typically does not have a search warrant or arrest warrant.  However, a warrant is not necessary if the stop is based on one of the exceptions to the warrant requirement.  One exception is when an officer has probable cause to believe a driver committed a traffic violation.  But what if the officer’s belief regarding the traffic violation turns-out to be incorrect?  That situation was recently addressed in a case decided by an Ohio Court of Appeals. Justification to Detain for a Traffic ViolationThe ..read more

It appears that house bill HB 2196 was introduced (first reading) on January 9, 2024 and referred to the Committee on Community Safety, Justice & Reentry.  The Chair of this Committee is Representative Roger Goodman. Subsequently, a public hearing with the Committee on Community Safety, Justice & Reentry was held on January 25, 2024. The hearing was recorded and may be viewed online here. This topic was discussed starting at 1:12:42 and ending at 2:01:52. The beverage industry is opposed to this bill.  An Executive Session was scheduled for January 30, 2024 but no action was ..read more

Source: KTLA5 by: Vivian Chow Video captures the terrifying moment a suspected DUI driver slams into a car and narrowly misses bystanders before crashing into a school playground in Downey. The crash happened on Jan. 25 at Gallatin Elementary School located near the intersection of Manzanar Avenue and Gallatin Road at around 5 p.m. Surveillance video captured by a neighbor across the street shows a large white SUV speeding down the road before suddenly veering onto the sidewalk. The driver slams into a parked sedan and narrowly misses two pedestrians near the sidewalk. The sedan was pushe ..read more

There is often a difference between real-world definitions and legal-world definitions.  In the legal world, when a word or phrase is important to the interpretation of the law, the legislature defines the word or phrase in a statute.  The statutory definition of a word or phrase is not always the same as the dictionary definition.  For the purposes of DUI (called ‘OVI’ in Ohio) and serious vehicular crimes, the Ohio Revised Code provides definitions of ‘vehicle’ and ‘motor vehicle’.  A case pending in the Ohio Supreme Court illustrates why statutory definitions are so impo ..read more