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Bill Advances Setting Curbs On DUI Advertising By Lawyers

Tuesday, April 22, 2008

Legislation passed the Finance, Ways, and Means Committee barring DUI lawyers from advertising that they offer discounts for anyone charged with DUI or that they are DUI specialists.

Senate Speaker Pro Tempore Senator Rosalind Kurita, D-Clarksville, said, “We have DUI lawyers out there advertising that they can get anyone off on any DUI charge. They claim to specialize in this, and they offer discounts to DUI offenders.

“What kind of message does that send? Clearly and simply, it sends the message that it’s okay to drive drunk. Don’t worry about it. There’s a lawyer out there that will get you off if you get arrested.”

The item is an amendment to a bill by Sen. Tim Burchett, R-Knoxville, to create an online “Repeat DUI Offender” registry. The Finance Committee adopted Sen. Kurita’s amendment and then passed Sen. Burchett’s bill. It now awaits a hearing by the full Senate.

As amended, the legislation bars DUI lawyers from advertising that they specialize in the defense of DUI cases, that they offer discounted fees for DUI defense, that they guarantee or imply a certain result in DUI cases, or that they have more expertise in the defense of DUI cases than any other licensed attorney.

“DUI is a serious offense, and no one should be given the impression that anyone can help them skirt the law,” Sen. Kurita said. “The state legislature is currently debating several proposals to stop people from driving drunk. As part of that effort, we should stop unscrupulous DUI lawyers from leading people to believe that the law doesn’t apply to them.”

Sen. Kurita said advertisements for DUI lawyers are pervasive. She referenced national websites, such as www.tixnix.com, that cater to DUI offenses. However, she made clear that her amendment does not bar any attorney from advertising that they handle DUI defense.

She said, “They are free to advertise their services, but they can’t advertise discounts, claim they are specialists, or guarantee that they’ll get anyone off on a DUI.

“It’s not right to offer anyone a discount to get them off on a DUI charge, and it’s certainly not right to advertise that you’ll get a guilty person off on a valid DUI charge.”

The companion bill is currently in the House Finance, Ways, and Means Committee.



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