 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. McKnight8/5/1999
arceration of the offender. The legislature has clearly expressed its intent that jail sentences for DUI convictions be promptly served. We believe, however, that the legislature has also clearly expressed its intent that the failure of the sheriff to require a DUI offender to serve a sentence within a certain period of time does not relieve the offender from the requirement of serving the sentence.
In summarizing the proposed bill to the members of the Judiciary Committee of the Tennessee House of Representatives, Representative Roy Herron, the sponsor of the bill, explained that the legislation provided "if the sheriff doesn't require that as he's supposed to . . . if somehow the ball's dropped, that doesn't mean you don't have to serve the time." He further stated that the bill "makes clear that if for some reason, you don't begin serving within the time period required by law, that that doesn't mean your sentence is no longer valid." H. Judiciary Comm., 99th Gen. Assembly (Tenn., Apr. 5, 1995) (statement of Representative Roy Herron).
We believe that by enacting chapter number 524 of the Public Acts of 1995, the legislature intended that a DUI offender not escape responsibility for serving a sentence simply because space was not available to serve the sentence in the county jail within a specified period of time. Subject to constitutional constraints, policy decisions such as this are within the purview of the legislature. Under the facts presented in this case, we cannot conclude that requiring the Defendant to serve his sentence would be inconsistent with fundamental principles of liberty and Justice in violation of the Defendant's due process rights.
The judgment of the trial court is accordingly affirmed.
DAVID H. WELLES, JUDGE
CONCUR:
DAVID G. HAYES, JUDGE
NORMA McGEE OGLE, JUDGE
Page 1 2 3 4 Tennessee DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|