COVID-19 UPDATE: Many of our staff and attorneys are working remotely during this time. However, we are available via telephone, email, and video conference for current and new clients.

COVID-19 UPDATE: Many of our staff and attorneys are working remotely during this time. However, we are available via telephone, email, and video conference for current and new clients.

Badge Image
Top 40 Under 40
Badge Image
Top 50 DUI Attorneys
Badge Image
Badge Image
Top 100 Trial Attorneys

Drunk driving charge dropped by Tennessee judge; man freed

| Oct 28, 2013 | Drunk Driving Charges

Earlier this year, a 22-year-old man was arrested for DUI. For months, he claimed that he had not been under the influence when he was stopped by an officer previously. His drunk driving charge has recently been dropped in a Tennessee courtroom, after it was discovered that his charge was wrongful.

The arrest occurred when the man was pulled over for a routine traffic violation. After the officer approached the vehicle, he grew suspicious that the man was under the influence. The officer demanded that the man exit his vehicle and undergo a field sobriety test. The man was then arrested and charged with DUI. Since the arrest, the man fought to clear his name and reclaim his freedom.

The chief of police had defended the officer and applauded him for an award he received for Mother’s Against Drunk Driving. The defense attorney in this case stated that the officer appears to pick and choose who he arrests. Further, the defense attorney noted that, if the officer even thinks a person is under the influence, he or she will be arrested and charged. In regard to this case, no blood test was conducted to prove that the defendant was under the influence at the time of the arrest.

A drunk driving charge in Tennessee can be a severe blow to one’s criminal record, and a person’s driver’s license may be suspended if convicted. Defendants and their defense attorneys may exercise the right to dispute any evidence, or lack of evidence, during criminal proceedings. In regard to the DUI charge in this case, there was an insufficient amount of evidence to convict the man. The burden of proof must be met by prosecutors in order to secure a conviction, regardless of officer beliefs.

Source: wdef.com, Judge throws out controversial Red Bank DUI case, Erik Avanier, Oct. 21, 2013

Categories

Archives

Contact us 

FindLaw Network