Violation: DUI and Implied Consent – Smith County, Tennessee DUI charge
Result: Dismissal of Implied Consent Charge and Reduction of DUI to Reckless Endangerment with no jail time and no supervised probation.
Details: Client was traveling from Sevierville, Tennessee after a difficult day involving family dispute. As a result, she had drank alcohol and taken Xanax resulting in her becoming lost and having an accident. Witnesses report to the Highway Patrol about a car fitting her description hitting a guardrail and driving off. When the Highway Patrol spotted her vehicle, it was sitting on the side of the road. She was positioned in the back seat crying and distraught. Field sobriety test were conducted but client declined blood testing.
After retaining our office, client completed a DUI school and had an Alcohol and Drug assessment. She accomplished all recommendations and attended the Mother’s Against Drunk Driver’s Impact panel class. Our investigation also brought to like imperfections within the charging instruments that were noted and brought to the attention of the State.
After negotiations with the district attorney general’s office, an agreement was reached dismissing the implied consent violation and reducing the charge of DUI to reckless endangerment with all jail time suspended. As client had completed necessary steps in addressing the issues, no supervised probation was required.