Violation: DUI and Violation of Implied Consent
Result: Original charges dismissed; $50.00 fine
Client charged with DUI around the city limits of Mt. Juliet, Tennessee. The client had worked a 12 hour shift, spent some time with his girlfriend, and attempted to go home. On the way home he states he fell asleep and totaled his car. Upon the arrival of the State Trooper, the trooper alleged my client smelled of alcohol. The trooper requested he take a blood alcohol test, which was refused. The defendant was arrested and charged with DUI and violation of the implied consent law. After a careful review of the video tape, it was determined that the officer did not properly advise the client of the consequences of failing to consent to the request for a blood alcohol test; therefore, avoiding any license suspension under the implied consent law. The firm’s investigator obtained photos of the serious accident, as well as my client’s payroll records. This proved that any field sobriety test given would have certainly been affected by the client’s involvement in a serious crash, and his work records support that he was likely to have been tired from excessive work hours. Based on the wreck, driving tired, and as a result of our litigation, the DUI charge and the implied consent violation were both dismissed and the client pled guilty to reckless driving receiving a $50.00 fine.