Skip to main content
Blake Lamont Kelley

Blake Kelley’s Legal Guides

11 total


  • Defense to DUI: Necessity

    There is a pattern jury instruction to the defense of necessity. Someone driving under the influence or breaking the law may do so out of necessity. *Example: sober designated driver becomes incapacitated/sick/epileptic seizure/strokes/heart attacks in a non-shoulder constructi...

    Read more 

  • When Asked to Perform Field Sobriety Tasks

    What should I do if asked to take the field sobriety tasks? There is no legal requirement to take any field sobriety tasks and as such, you should never take them. These are subjective tests that are only 65% - 77% correct when administered in perfect conditions, administered...

    Read more 

  • Requirements for Stop by Police Officer

    In Tennessee a police officer has to have reasonable suspicion to make an investigatory stop. Swerving over the center or right line one time on the road is not reason enough for a stop. Another driver or pedestrian pointing you out is not reason enough for a stop. Speeding, exp...

    Read more 

  • TN DUI Law

    According to Tennessee Code Annotated section 55-10-401 et seq. drunk driving, driving while intoxicated, or driving while under the influence of drugs is a crime in Tennessee. The offense of Driving Under the Influence, or DUI, is committed when an individual operates a motor ve...

    Read more 

  • BUI...boating under the influence.

    Boating Under The Influence It is unlawful to operate any sail or powered vessel while under the influence of intoxicants or drugs. Here are some important facts to consider: Implied consent: All persons operating a sail or powered vessel have given their implied consent to ...

    Read more 

  • DUI without driving

    Get a DUI without driving...DUI by owner. A person can be charged with a DUI while allowing another person under the influence of alcohol or drugs to operate or control a motor vehicle that they own. A passenger in their own car is often and can be charged with DUI while allo...

    Read more 

  • Car Wreck Checklist

    A motor vehicle accident can be a traumatic and overwhelming experience for drivers and passengers alike. In the chaotic moments after a collision, there are several important steps for motorists and passengers to consider, including: Your well-being should be the first priority...

    Read more 

  • Blood Alcohol Tests (TN)

    Tests for BAC in DUI cases Tennessee is the only statethat gives one chemical test.This does not follow the basic scientific rules we learned in high school. Why does the state not give two tests to check the reliability of the machine? One test is close enough for government w...

    Read more 

  • Another Motorist Pointing You Out Is Not Reason For A Cop To Stop You (TN)

    Another Motorist Pointing You Out Is Not Reason For A Cop To Stop You The Tennessee Supreme Court,made new case law in State v. Tyson Day, September, 2008by rulingthat another motorist pointing you out, while you are driving,to a police officer is not reason to stop you and det...

    Read more 

  • Steps of a DUI charge in TN

    Steps of a DUI charge (this is a work in progress) 1. Stop by an Officer of the Law: must have reasonable suspicion based on such actions or non-actions as lights not on, brake light, speeding and lately driver or passenger not wearing a seat belt. Our office has had clients th...

    Read more