Violation: Driving Under the Influence
Facing: Up to 11 months and 29 days imprisonment, up to $2,500.00 in fines, and restricted license
Result: The legality of the stop and seizure was successfully argued and won in the General Sessions and Criminal Courts, resulting in dismissal of charges against client.
Additional Details: Client driving in Tennessee while being followed by a County Sheriff’s Department Deputy. Deputy records three drifts by the citizen’s automobile onto and partially into a turning lane. The turning lane tapered on two occasions into a two lane highway. During the driving within the portion of the highway containing only two lanes there were no driving imperfections. The driving was captured on video. Client is stopped and charged with DUI and consented to a blood test registering a result well over the legal limit. Our firm challenged the legality of the stop, alleging that it was conducted without a warrant and in violation of the Tennessee and United States Constitution. The challenge to the unconstitutional stop was granted in the General Sessions Court. The State elected to indict the citizen in the Criminal court, where the challenge to the stop of the vehicle was renewed. After a hearing the Trial Court also granted the Citizens motion to suppress the stop and seizure, effectively dismissing the charges against the Defendant.