Legal Question in Criminal Law in Tennessee

My uncle was involed in a car accident 2 days ago. He was charged numerous charges which include dui, habitual traffic offender, leaving the scene of the accident, and a few more.He has told us that he wasn't driving the vehicle. There was another man with him and he was actually the one driving the vehicle he is denying being anywhere near the accident and has changed his story numerous times. The police found the other man driving the vehicle walking on the street going to his house and he was arrested for public intoxication. He was given a $25.00 fee and released. Another point I needed to make is that my uncle was charged with leaving the scene, but the gentleman that owned the land where the vehicle wrecked told us today that my uncle was sitting on a rock approximately 5 ft away from the vehicle when the police arrived. The property owner also told us that the other man was very intoxicated and he tried to get him to stay there but he refused. My family went to the site of the accident and spoke to numerous neighbors and was told that the gentleman that was caught leaving the accident was actually the one driving the vehicle. They all said that they have seen my uncle drive and he drives extremely slow, he usually drives about 5 mph or more under the speed limit. And at the time of the accident the vehicle was spotted and that it was going very fast. My question is that my uncle says he is innocent of most of these charges, so how do we go about getting this info to an offical with the court? My uncle doesn't have the money to hire an attorney so he applied for a court appointed attorney, and here in Tennessee alot of the time the attorney doesn't even speak with the accused until the time of the trial.


Asked on 2/23/11, 11:57 pm

1 Answer from Attorneys
Charles Bloodworth

Since Driving after being Declared a Habitual Motor Vehicle Offender is a felony, the case would have to be tried in the Circuit Court (not General Sessions Court). So while General Sessions judges will sometimes not appoint an attorney for an indigent defendant, Circuit Court judges will appoint counsel because the Defendant is on the road to a jury trial on a felony, and hat can't be done without an attorney.

In the meantime, your uncle needs to nail down the statements of ALL witnesses by either having them make out a written statement or interviewing them with a tape recorder going. Confirm addresses and telephone numbers that might change in the time it will take the case to come to trial (up to a year from now).

Look and confirm physical evidence NOW while it is fresh: for example, did the air bags deploy? Get the computer chip from the car memory. Where were the injuries? (I have had defendant's claim not to be the driver, but pressed onto their chest was a round bruise in the exact shape of the steering wheel).

Where was blood, if any, inside the car?

Finally, realize that just because your uncle may not have been the driver does not mean he is safe from conviction for criminal offenses. If he knowingly allowed a drunk to drive his vehicle he can be convicted of DUI "by allowing" and other similar charges.

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Answered on 2/24/11, 7:15 am


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