Violation: Driving Under the Influence 2nd, Driving Without a License, and Failure to Consent – Tennessee
Facing: Up to 11 months and 29 days imprisonment, fine of $2,500.00, one year suspension of driving privileges.
Result: DUI and Driving Without a License Dismissed, Guilty only of Failure to Consent (due to prior DUI conviction), resulting in 7 days served weekends only.
Additional Details: Citizen leaves local eatery in popular well-lit area and fails to immediately turn on headlights after putting the car into gear. He does turn the lights on after leaving the parking lot. Police officer observed the car moving without lights, but the lights are on when the police officer pulled the Defendant over. Police officer fails to utilize video tape capabilities to record interaction with Defendant. Investigation of reports show that Defendant passed two of the four requested field sobriety tests. After 9 months of litigation, the DUI 2nd and Driving without a license were dismissed. As the Defendant had been found guilty of a prior DUI, he was found guilty of Failure to Consent as he refused to take a blood test at the police officer’s request. The Defendant served only 7 days for that conviction and was allowed to serve them on weekends only.