Tue, Aug 4, 2015
Keyword  

       

Two Men Charged with "4th DUI or Greater" In Rutherford County This Past Weekend

  Email   Print

“4th DUI or Greater” is what one Barfield man and one Lewisburg man were charged with this past weekend in Rutherford County. 50-Year old Jimmy Finley of Barfield was taken into custody Saturday evening around 8pm and 56-year old Charles Hamilton of Lewisburg was arrested on Sunday morning at around 7:30am.

Both men were also charged as habitual offenders.

In Tennessee, the fourth DUI and any DUI after the fourth is considered a class E felony. A class E felony requires the convicted offender to serve a minimum of 150-consecutive days in jail. There is also a mandatory fine of $3,000 to $15,000. The culprit’s driver’s license can be revoked for up to 5-years if the subject is found guilty. A suspect’s vehicle can be seized after he or she receives a second charge of DUI.

More information on vehicle seizure:

TN Code Annotated: 55-10-403.  Penalty for violations of §§ 55-10-401 -- 55-10-404 -- Inpatient alcohol and drug treatment -- Ignition interlock devices -- Restricted license -- Strip searches -- Forfeiture of vehicles -- Blood alcohol concentration test fee.

(k)  (1) The vehicle used in the commission of a person's second or subsequent violation of § 55-10-401, or the second or subsequent violation of any combination of § 55-10-401, and a statute in any other state prohibiting driving under the influence of an intoxicant, is subject to seizure and forfeiture in accordance with the procedure established in title 40, chapter 33, part 2. The department of safety is designated as the applicable agency, as defined by § 40-33-202, for all forfeitures authorized by this subsection (k).

Additional Information:

K - (3) It is the specific intent that a forfeiture action under this section shall serve a remedial and not a punitive purpose. The purpose of the forfeiture of a vehicle after a person's second or subsequent DUI violation is to prevent unscrupulous or incompetent persons from driving on Tennessee's highways while under the influence of alcohol or drugs. Driving a motor vehicle while under the influence of alcohol or drugs endangers the lives of innocent people who are exercising the same privilege of riding on the state's highways. There is a reasonable connection between the remedial purpose of this section, ensuring safe roads, and the forfeiture of a motor vehicle. While this section may serve as a deterrent to the conduct of driving a motor vehicle while under the influence of alcohol or drugs, it is nonetheless intended as a remedial measure. Moreover, the statute serves to remove a dangerous instrument from the hands of individuals who have demonstrated a pattern of driving a motor vehicle while under the influence of alcohol or drugs.

DUI Offense and Required Punishment Schedule

Source:

Rutherford County Sheriff’s Office
Tennessee Code Annotated

 

Related Articles
Read more from:
News
Tags: 
4th DUI, DUI 4, Jimmy Finley, Murfreesboro news
    
  Email   Print

Powered by Bondware
News Publishing Software

The browser you are using is outdated!

You may not be getting all you can out of your browsing experience
and may be open to security risks!

Consider upgrading to the latest version of your browser or choose on below: