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Report: Tenn. drunken driving law has loophole

Report: Tenn. drunken driving law has loophole

Photo: Clarksville Now

MEMPHIS, Tenn. (AP) — A newspaper investigation has found that Tennessee has a loophole in its drunken driving law.

The Commercial Appeal reports its analysis found that a person could potentially spend more time in jail for driving drunk and getting pulled over than for someone who causes a fatal accident while driving under the influence.

The newspaper found at least three offenders who have avoided jail time in Shelby County.

Meanwhile, it says most states are leaning toward longer sentences for drunken drivers who cause fatal wrecks.

Nashville attorney Tom Kimball trains prosecutors and police officers on DUI laws and says the loophole is “ridiculous.”

However, Florida attorney Flem K. Whited III, who has written about DUI laws nationwide, said Tennessee has it right because it allows judges leeway in sentencing offenders.

Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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