The “Miranda warning” is a statement given by law enforcement to a suspect in custody, informing them of their rights. The warning is derived from the United States Supreme Court case, Miranda v. Arizona, 384 U.S. 436 (1966), which established the requirement for law enforcement to inform suspects of their rights before interrogating them.
The Miranda warning must include the following statements:
Under TCA 55-10-406 any person driving a motor vehicle in Tennessee is deemed to have given implied consent to a breath test, a blood test, or both to determine the person’s alcohol or drug content of their blood. A refusal to submit to one of these tests is a civil rather than criminal offense. Therefore, drivers cannot be punished with jail time but will face mandatory suspension periods of their driver’s license.
The Tennessee Court of Criminal Appeals clarified that “consent” under the implied consent statute is not voluntary consent to search but consent to certain consequences if permission to search is withheld from a driver. State v. Henry, 539 S.W.3d 223, 246 (Tenn. Crim. App. 2017).
Breath and blood tests are treated differently in Tennessee, so there are different standards and procedures prior to administering one of these tests.
It’s that time of year again, when 85,000+ music lovers flock to the farmlands of Manchester, Tennessee for four days of great vibes, great tunes, and lots of high fives. It’s an event that people plan for all year, including local authorities. With all eyes on them this weekend, Tennessee authorities will be out in force ensuring everyone gets in and out of town safely.
I’ve been part of the Bonnaroo experience several times and know firsthand what an incredible experience it can be. As a criminal defense attorney in Tennessee that specializes in representing people with DUI, marijuana and other drug possession charges, I’ve also seen many careless festival goers’ weekends ruined before they even start.
With a little planning ahead and some common decency, this weekend can and should be one of the highlights of your summer.
Every year around this time our firm gets a flood of calls from people who receive criminal charges while on their way to or while leaving Bonnaroo. They have ranged from simple possession and paraphernalia to felony drug charges. Regardless, each call starts out the same, “I was pulled over for…..”, which leads to their car getting searched and ultimately them leaving with a court date they had not planned for. So in preparation for this annual event, we at Freeman & Fuson have compiled a list of the top 5 reasons we have seen for Bonnaroo patrons getting pulled over and the counties they seem to occur in the most.
1. Speeding (TCA §55-8-152) – This may seem obvious, but many people who are on their way to Bonnaroo are in a rush to get there. Speeding is an easy way to get your car pulled over and give the officer a chance to make contact. The easy advice is to set your cruise control and keep a look out for the posted limits.
2. Following too Closely (TCA §55-8-124) – Getting pulled over for following to close to the car in front of you may be the most subjective reason on the list, but it is one we have seen each Bonnaroo season with more frequency. Make sure you keep plenty of distance between you and the car in front so that this is not even an option for an officer to pull you over.
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