Barnette Law Office, LLC

April 17, 2011

East Tennessee DUI Lawyers

 

Barnette Law Offices – Why Pick Us For East Tennessee DUI Defense?

      For an case, your attorney’s experience may be the most critical thing.

      Choosing an is an important decision.  If charged, you face the possibility of losing your license, paying fines, jail time, and having huge increases in your insurance rates.  The , Jason Barnette, will zealously represent you.

A Tennessee DUI Case Can Be Won

      Some advise the client to plead guilty when receiving a Blood Alcohol Content over .08%

      In fact, the breath test, the alcohol blood level test, and the roadside tests the arrested person has to perform all have potential built-in flaws.  For example, the results of a breath test can be challenged through a Motion to Suppress, or evidence of your sobriety, or with cross examination of the police officer or the state’s expert. I’ll say more about these in a minute.  

The Breath Test Rules in the T.C.A. Weren’t Adhered To

      Tennessee has codified rules which must be followed when administering a breath test in a Tennessee DUI arrest.  Good know these rules and ascertain whether they were applied correctly. Showing that the rules weren’t followed can be used to exclude the breath test results altogether.

      The testing officer is supposed to watch you for 20 minutes before giving the test to make sure you don’t smoke, drink alcohol, eat or regurgitate. Tennessee courts have excluded test results for this violation in Tennessee DUI cases.

      The rules any good should know include:

  • -the test operator having a current certification.
  • -the machine having a current certification.
  • -calibrating the machine as often as required.
  • -changing the mouthpiece before the test is given.
  • -keeping a record of the temperature of the calibrating solutions in the machine.
  • -keeping a log of the tests run.
  • -counting the number of times the calibration solution has been changed.

      , Jason Barnette, will request copies of the various logs, maintenance records, and the operator’s license or certification.

File Motion for Suppression of Evidence

      Not filing this pre-trial motion is a huge mistake. Even though this doesn’t succeed very often, a case can be won by filing it nonetheless. While a stop is generally justified if you were weaving from lane to lane, weaving within a lane is not illegal under Tennessee DUI law and may not make the stop reasonable. And whether they’ll admit it or not, a motion to suppress based upon any number of reasons may strike a cord with a judge.

      Even if the motion loses, it provides another opportunity to question the arresting officer for impeachment purposes.  If the testimony is different in the suppression discussion, the pre-trial hearing, and again at the trial, the stronger your case.  , Jason Barnette, knows this and will use this to your advantage.

Personally Inspecting The Arrest Location

      Some lawyers don’t inspect the arrest location.  At Barnette Law Offices, Jason Barnette does. 

      Doing so often exposes that the location made the roadside test difficult to perform.

DUI

      If you’ve been arrested for DUI in East Tennessee, contact the East Tennessee DUI Lawyer, Jason Barnette, at or 615-585-2245.

1 Comment »

  1. I didn’t know that Jason was doing DUI defense in East Tennessee. In any event, I’m glad to see it. Jason Barnette is a good criminal defense attorney. He was fair and upfront with me.

    Brian

    Comment by Brian — April 18, 2011 @ 4:34 am | Reply


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