Steven Oberman
Encyclopedia
Steven Oberman is an American attorney, author, and teacher. He is the managing attorney at the Oberman & Rice Law Firm in Knoxville, Tennessee
, where he has been designated a specialist in the area of Driving Under the Influence
Defense Law by the Tennessee Commission on Continuing Legal Education.
and the University of Tennessee College of Law
, Oberman was admitted to the Tennessee Bar in 1980 and began practicing law in Knoxville that same year. In 1999 Oberman was one of the first in the United States certified as a DUI defense specialist by the National College for DUI Defense
.
In 2006, Oberman became the first Tennessee lawyer to be recognized as a Certified Specialist in the area of DUI Defense Law by the Tennessee Commission on Continuing Legal Education, and he is currently the only certified DUI defense specialist in Tennessee.
in 1980. Notably, he began his career at the Knoxville law firm Daniel, Duncan & Claiborne, where he worked alongside John J. Duncan, Jr., who has represented Tennessee's 2nd Congressional District
in the United States House of Representatives since 1988.
Oberman is admitted to, has filed appeals in, and argued before all of the Tennessee appellate courts. In the federal branch, he has been admitted to the U.S. District Court for the Eastern District of Tennessee
(1980), the U.S. Fourth Circuit Court of Appeals (1981), the U.S. Sixth Circuit Court of Appeals (1983), and the Supreme Court of the United States
(1985).
Oberman served on the Board of Directors of Project First Offender, a probation program involving the rehabilitation of first offenders of certain criminal laws, from 1981–86, and as its president from 1983-86. Oberman served on the Board of Regents of the National College for DUI Defense from 1999 until 2011, served as its Dean from 2009 until 2010, and as Dean Emeritus from 2010 until 2011. He has also been designated a "Fellow" by this organization. He served on the Board of Directors of the Federal Defender Services of Eastern Tennessee from 1993 until 2000, and served as its President from 1998 until 2000. Oberman served on the Board of Directors for the Tennessee Association of Criminal Defense Lawyers from 1983 until 1989, and as co-chair of the Knoxville Bar Association Judicial Committee from 1997 until 2001. Oberman has served as either Chair or Co-Chair of the National Association of Criminal Defense Lawyers' DUI Committee every year since 1995.
stands out. In that 2008 DUI case, State of Tennessee v. Roy Anthony Ferrante, the defendant's DUI case was dismissed when Oberman's investigation and legal argument convinced the trial court that the case had not been properly initiated. Justice Cornelia A. Clark wrote the opinion for the Supreme Court, which sided unanimously with Oberman's defense. Oberman had provided proof to the Court that the person signing the arrest warrant had not been trained sufficiently to make the necessary legal determination before signing an arrest warrant, thereby invalidating the arrest. The Court also ruled that the defendant's mere appearance before the court did not validate an otherwise invalid arrest warrant, overruling a previous decision of the Tennessee Court of Criminal Appeals
.
The University of Tennessee College of Law has awarded Oberman the Forrest W. Lacey Award for Outstanding Faculty Contribution (1993-94 term) and the Bernstein-Ritchie Award for Extraordinary Service (2004). In 2001, Oberman was named the College's Outstanding Adjunct Professor.
The Centers for Disease Control and Prevention
and the National Highway Traffic Safety Administration
appointed Oberman to participate in their 2005 meeting, Alcohol Impaired Drivers: Injured, Uncharged and Untreated, which was tasked with developing protocol to assist drunk drivers who are injured in an accident, treated for their injuries, but are neither charged with DUI nor treated for associated alcohol problems. In 2006, Oberman was appointed vice-chairman of the Tennessee Governor's Task Force on DUI Laws in Tennessee.
Knoxville, Tennessee
Founded in 1786, Knoxville is the third-largest city in the U.S. state of Tennessee, U.S.A., behind Memphis and Nashville, and is the county seat of Knox County. It is the largest city in East Tennessee, and the second-largest city in the Appalachia region...
, where he has been designated a specialist in the area of Driving Under the Influence
DUI
DUI is a three letter acronym that may stand for:* Driving under the influence * Democratic Union for Integration — the largest ethnic Albanian party in the Republic of Macedonia* Data Use Identifier...
Defense Law by the Tennessee Commission on Continuing Legal Education.
Education & Certifications
A graduate of Auburn UniversityAuburn University
Auburn University is a public university located in Auburn, Alabama, United States. With more than 25,000 students and 1,200 faculty members, it is one of the largest universities in the state. Auburn was chartered on February 7, 1856, as the East Alabama Male College, a private liberal arts...
and the University of Tennessee College of Law
University of Tennessee College of Law
The University of Tennessee College of Law is the law school of the University of Tennessee located in Knoxville, Tennessee. Founded in 1890, the school is fully accredited by the American Bar Association and is a charter member of the Association of American Law Schools.-The Law Center and the...
, Oberman was admitted to the Tennessee Bar in 1980 and began practicing law in Knoxville that same year. In 1999 Oberman was one of the first in the United States certified as a DUI defense specialist by the National College for DUI Defense
National College for DUI Defense
The National College for DUI Defense is a professional, non-profit corporation dedicated to the improvement of the criminal defense bar, and to the dissemination of information to the public about drunk driving law and related issues...
.
In 2006, Oberman became the first Tennessee lawyer to be recognized as a Certified Specialist in the area of DUI Defense Law by the Tennessee Commission on Continuing Legal Education, and he is currently the only certified DUI defense specialist in Tennessee.
Legal career
Oberman began practicing law in East TennesseeEast Tennessee
East Tennessee is a name given to approximately the eastern third of the U.S. state of Tennessee, one of the three Grand Divisions of Tennessee defined in state law. East Tennessee consists of 33 counties, 30 located within the Eastern Time Zone and three counties in the Central Time Zone, namely...
in 1980. Notably, he began his career at the Knoxville law firm Daniel, Duncan & Claiborne, where he worked alongside John J. Duncan, Jr., who has represented Tennessee's 2nd Congressional District
Tennessee's 2nd congressional district
The 2nd congressional district of Tennessee is a congressional district in Tennessee. It currently includes the east central part of the state....
in the United States House of Representatives since 1988.
Oberman is admitted to, has filed appeals in, and argued before all of the Tennessee appellate courts. In the federal branch, he has been admitted to the U.S. District Court for the Eastern District of Tennessee
United States District Court for the Eastern District of Tennessee
The United States District Court for the Eastern District of Tennessee is the federal court in the Sixth Circuit whose jurisdiction covers all of East Tennessee and a portion of Middle Tennessee. The court has jurisdiction over 41 counties with 4 divisions...
(1980), the U.S. Fourth Circuit Court of Appeals (1981), the U.S. Sixth Circuit Court of Appeals (1983), and the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
(1985).
Oberman served on the Board of Directors of Project First Offender, a probation program involving the rehabilitation of first offenders of certain criminal laws, from 1981–86, and as its president from 1983-86. Oberman served on the Board of Regents of the National College for DUI Defense from 1999 until 2011, served as its Dean from 2009 until 2010, and as Dean Emeritus from 2010 until 2011. He has also been designated a "Fellow" by this organization. He served on the Board of Directors of the Federal Defender Services of Eastern Tennessee from 1993 until 2000, and served as its President from 1998 until 2000. Oberman served on the Board of Directors for the Tennessee Association of Criminal Defense Lawyers from 1983 until 1989, and as co-chair of the Knoxville Bar Association Judicial Committee from 1997 until 2001. Oberman has served as either Chair or Co-Chair of the National Association of Criminal Defense Lawyers' DUI Committee every year since 1995.
Notable Cases
Among his appellate victories, Oberman's most recent case before the Tennessee Supreme CourtTennessee Supreme Court
The Tennessee Supreme Court is the state supreme court of the state of Tennessee. Cornelia Clark is the current Chief Justice.Unlike other states, in which the state attorney general is directly elected or appointed by the governor or state legislature, the Tennessee Supreme Court appoints the...
stands out. In that 2008 DUI case, State of Tennessee v. Roy Anthony Ferrante, the defendant's DUI case was dismissed when Oberman's investigation and legal argument convinced the trial court that the case had not been properly initiated. Justice Cornelia A. Clark wrote the opinion for the Supreme Court, which sided unanimously with Oberman's defense. Oberman had provided proof to the Court that the person signing the arrest warrant had not been trained sufficiently to make the necessary legal determination before signing an arrest warrant, thereby invalidating the arrest. The Court also ruled that the defendant's mere appearance before the court did not validate an otherwise invalid arrest warrant, overruling a previous decision of the Tennessee Court of Criminal Appeals
Tennessee Court of Criminal Appeals
The Court of Criminal Appeals is one of Tennessee's two intermediate appellate courts. It hears trial court appeals in felony and misdemeanor cases, as well as post-conviction petitions. Appeals in civil cases are heard by the Tennessee Court of Appeals....
.
Teaching career
An award-winning adjunct professor at the University of Tennessee College of Law since 1993, Oberman has lectured at over 100 seminars in 22 different states, Canada and the United Kingdom. Oberman has appeared on numerous local and national radio and television shows, sharing his expertise on DUI and various legal issues, including commentary on the O.J. Simpson Trial.Awards, Honors, & Distinctions
Oberman is ranked "AV" ("very high to pre-eminent in legal ability and ethics") by the Martindale-Hubbell International Law Directory. He has been named each year as one of the Best 150 Lawyers in the state by Business Tennessee Magazine since the inception of its survey in 2004. Oberman has been named one of the “Best Lawyers in America” by the publication of the same name, and his firm has been named one of the "Best Law Firms" by U.S. News & World Report. Oberman has also been named a “Top 100 Trial Lawyer” by the American Trial Lawyers Association, and a "Super Lawyer" by Mid-South Super Lawyers Magazine.The University of Tennessee College of Law has awarded Oberman the Forrest W. Lacey Award for Outstanding Faculty Contribution (1993-94 term) and the Bernstein-Ritchie Award for Extraordinary Service (2004). In 2001, Oberman was named the College's Outstanding Adjunct Professor.
The Centers for Disease Control and Prevention
Centers for Disease Control and Prevention
The Centers for Disease Control and Prevention are a United States federal agency under the Department of Health and Human Services headquartered in Druid Hills, unincorporated DeKalb County, Georgia, in Greater Atlanta...
and the National Highway Traffic Safety Administration
National Highway Traffic Safety Administration
The National Highway Traffic Safety Administration is an agency of the Executive Branch of the U.S. government, part of the Department of Transportation...
appointed Oberman to participate in their 2005 meeting, Alcohol Impaired Drivers: Injured, Uncharged and Untreated, which was tasked with developing protocol to assist drunk drivers who are injured in an accident, treated for their injuries, but are neither charged with DUI nor treated for associated alcohol problems. In 2006, Oberman was appointed vice-chairman of the Tennessee Governor's Task Force on DUI Laws in Tennessee.
Books
- Drunk Driving Defense, 7th Edition. Co-authored with Lawrence TaylorLawrence Eric TaylorLawrence Eric Taylor is an attorney and author. A graduate of the University of California, Berkeley and UCLA School of Law, Taylor was a public defender and criminal prosecutor in Los Angeles County before entering private practice. He currently heads a law firm in California that limits its...
. (2010, Wolters-KluwerWolters KluwerWolters Kluwer N.V. is a global information services and publishing company. The company provides products and services for professionals in the health, tax, accounting, corporate, financial services, legal and regulatory sectors...
Law & Business/Aspen Publishers ISBN 978-0-7355-9297-1).
- DUI: The Crime and Consequences in Tennessee. (Updated annually since 1991, Thomson-WestThomson WestWest publishes legal, business, and regulatory information in print, and on electronic services such as Westlaw. Since the late 19th century, West has been one of the most prominent publishers of legal materials in the United States...
Publishing ISBN 978-0-314-91687-7).
Other Publications
- "Investigating the DUI Case: Things to Do, Places to Go, People to See," (Co-authored with Sara Compher-Rice)The Champion (published by the National Association of Criminal Defense Lawyers), March 2009.
- "Have You Told Your DUI Client . . . ?," (Co-authored with Sara Compher-Rice) Dicta, (published by the Knoxville Bar Association), April 2008.
- "The Standardized Field Sobriety Test Validation Myth," (Co-authored with Sara Compher-Rice) The Champion, June 2006.
- "Statistical Evaluation of Standardized Field Sobriety Tests," (Co-authored with Michael Hlastala and Nayak Polissar) Journal of Forensic Sciences, May 2005.
- "Crawford v. Washington, A DUI Defense Practitioner’s Perspective," (Co-authored with Bruce Kapsack) The Champion, September/October 2004
- "Cross-Examination of the State's Blood Test Expert," The Champion, December 2001
- "Drunk or Drowsy? How Fatigue Can Be Mistaken for Intoxication," The Champion, January/February 2001
- "Effective Use of Police Videos in DUI Defense," (Co-authored with James A.H. Bell) The Champion, November 1999
- "Attacking the Disclosure and Analysis of Hospital Blood-Alcohol Test Results," (Co-authored with Jonathan D. Cooper) The Champion, April 1997
- "DUI as a Federal Crime,” (Co-authored with Kimberly Kellogg) The Champion, January/February 1996
- "Evading Roadblocks On The Prosecution Highway (Part One)," (Co-authored with Jonathan D. Cooper) The Champion, December 1994
- "Evading Roadblocks On The Prosecution Highway (Part Two)," (Co-authored with Jonathan D. Cooper) The Champion, January/February 1995.
- "D.W.I. Means Defend With Ingenuity," (Co-authored with James A.H. Bell) a periodic series published by the Tennessee Association of Criminal Defense Lawyers from 1985 until 1987
- "Birmingham Drug Survey," Social Studies: The Humanizing Process, eds. M. Kleg and J. Litcher (Winterhaven, Florida Council for the Social Studies, 1972) pp. 159–168.