Tag Archives: tennessee

Field Sobriety Tests in Tennessee Go Under the Microscope


A recent case working its way through the court system in Tennessee got some national attention given the important impact the decision might have. The highest court in Tennessee has agreed to hear a case, State of Tennessee v. David Dwayne Bell, concerning the weight that should be given to the performance on field sobriety tests by a driver, especially those that indicate sobriety.

The roots of the important decision go back to 2009 when David Bell was arrested for drunk driving in East Tennessee despite having passed a battery of field sobriety tests with flying colors.

Bell was spotted late one night driving on the wrong side of the road, something he said he did because of nearby road construction which caused him to miss his turn. The officer pulled Bell over and administered a series of six standard field sobriety tests. Bell passed each one. Despite this, Bell’s admission that he had indeed consumed a beer that evening was enough to have the officer arrest him and take him to have a blood test done to officially determine his BAC. The test results showed that Bell was indeed legally intoxicated, with a BAC of 0.15. The issue that has been successfully raised by Bell was whether the officer had the necessary probable cause to place Bell under arrest in the first place.

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Memphis to Clean Itself Up

Welcome to Memphis

In what might be the government equivalent to a friendly “take a shower, bro” at the gym, the city of Memphis, Tennessee has agreed to spend $250 million over a decade to fix and update its sewer system as part of a settlement.  Apparently, the occasional overflow of untreated sewage was becoming a big problem in Memphis.  Gross.  The federal government, in particular the EPA, undertook litigation to force Memphis to fix these problems.  On Monday, Memphis settled, paying a $1.29 million civil penalty (half of which will go right back to unrelated Memphis-bettering infrastructure projects) and agreeing that raw sewage is disgusting and probably shouldn’t be spewing out willy-nilly from time to time.

As to what extent these $250 million improvements will go is unclear.  At least part of it will be to develop a “comprehensive fats, oil, and grease program”, which makes you wonder why there wasn’t one in the first place.  This article shows images of a person actually kayaking through backed-up foamy white sewage sludge byproduct.  In light of that repulsive fact, maybe the best course of action would be to have the TVA come in and toss a dam in there to fix everything up.