https://www.tennessean.com/sto...itutional/313545002/

Appeals court: $250 fee to Tennessee Bureau of Investigation for DUI convictions unconstitutional

The statute that gives the Tennessee Bureau of Investigation $250 for each DUI conviction obtained using a blood or breath test is unconstitutional, an appeals court ruled this week, in a decision that could have a widespread impact on drunk driving cases across the state.

The decision from the Court of Criminal Appeals at Knoxville involved the DUI case of a woman who argued her blood test should be suppressed because the fee system violated her right to a fair trial and gave the TBI a financial motivation to get convictions. Her case was consolidated with more than 20 similar cases of defendants who gave blood or breath samples to authorities.

"While we acknowledge that TBI forensic scientists could lose their jobs if they falsify test results and these falsifications are discovered, we also recognize that forensic scientists would most certainly lose their jobs if funding for their positions disappears, a result of which these forensic scientists are no doubt well aware," the appeals court ruled. "Because the fee system at issue in this case calls into question the trustworthiness of the TBI forensic scientists’ test results, it violates due process."

The decision could be appealed.

"It remains to be seen, but the impact could affect most of the DUI cases in the state," said Memphis defense attorney Mike Working.

The section of the Tennessee Code — 55-10-419 (f) — requires the $250 fee to be deposited into the TBI’s toxicology unit intoxicant testing fund.

Link to decision:
http://www.tncourts.gov/sites/...decosimo_opinion.pdf

Cue the finger-waggers who say "don't drive drunk and it won't happen."

Not terribly surprising. State and local governments have gone bok when it comes to assessing "fees" ever since Reagan shut off the neverending Federal funds tap. With the proliferation of all those schemes, some were bound to be found impermissible.

I have never been a fan of the LEO's getting a cut for a conviction. Seems that a lot of localities like to generate funds by setting up speed traps and other unnecessary "public safety" stunts. I am not anti LEO by any means, but I am anti-revenuer and that is exactly what most Sheriff's have become!

quote:

Seems that a lot of localities like to generate funds by setting up speed traps and other unnecessary "public safety" stunts.

We have several municipalities that have short stretches of interstate highways that run through their jurisdiction. Some of the worst surrounded Lambert International Airport.

St. Ann, one of the municipalities, went as far as obtaining an office space in a multi-story office building that faced the highway. They would run their radar out of the office window.

All of this was for safety. So many speeders. Then Missouri passed the law limiting how much of their money could come from traffic violations.

POOF! Gone. Clearly the money was more important than safety.

I have zero problems with punitive fines and/or fees. However, the agency needs to be 100% separate from this. If you get to keep part of the action then you're naturally going to lean towards the money.

I thought the mandatory penalties Tennessee passed years ago for DUI were a good thing. Turns out to be mostly a joke... especially if you have $1,250. (price may be higher now) That's what the a buddy of mine had to spend anyway. $250 to a Lawyer and a $1000 "voluntary" contribution to the slush fund de'jour along with a guilty plea and you are downgraded to drunk in public. No driving points.

Now for those that don't have $1200 bucks, this ruling applies.

That decision will be appealed because the consequences of not appealing are pretty dire.

quote:

Originally posted by Sig2340:
That decision will be appealed because the consequences of not appealing are pretty dire.

How so? Fund the unit from general revenue.

Speed traps and DUI stops are a cash cow

I’m not supporting drunk drivers at all. I know many jusistictions use them as a revenue stream

Good friends son got pulled over because he “touched the center line with his tire”. Blew a 0.0, blood test showed nothing except what he was legally prescribed. Kid has to take piss test ever week for work. Cost over $10k in lawyers and Parish fees by the time was all done. Except it remains on his record as “suspicion of DUI” still being totally sober.... because “suspicion off..” violated his terms of employment he lost his job

quote:

Originally posted by Fenris:

quote:

Originally posted by Sig2340:
That decision will be appealed because the consequences of not appealing are pretty dire.

How so? Fund the unit from general revenue.

Potentially reopening every case involving that lab and the fee back to when it was instituted, plus potential to have to refund the fees is, in my opinion, pretty dire.

Going forward is a different matter, provided the unit is funded from general revenue.

quote:

Originally posted by snwghst:
Speed traps and DUI stops are a cash cow

I’m not supporting drunk drivers at all. I know many jusistictions use them as a revenue stream

Good friends son got pulled over because he “touched the center line with his tire”. Blew a 0.0, blood test showed nothing except what he was legally prescribed. Kid has to take piss test ever week for work. Cost over $10k in lawyers and Parish fees by the time was all done. Except it remains on his record as “suspicion of DUI” still being totally sober.... because “suspicion off..” violated his terms of employment he lost his job

Was this in Kansas? I was pulled over the same thing in Kansas. Coming from Colorado to PA made me an automatic drug trafficer. Had to spend two hours along the interstate and then send on my way after my car was tossed.

quote:

Originally posted by snwghst:

Good friends son got pulled over because he “touched the center line with his tire”. Blew a 0.0, blood test showed nothing except what he was legally prescribed. Kid has to take piss test ever week for work. Cost over $10k in lawyers and Parish fees by the time was all done. Except it remains on his record as “suspicion of DUI” still being totally sober.... because “suspicion off..” violated his terms of employment he lost his job

That is outrageous.