Understandably, prosecutors usually seek to convict suspects who are accused of drunk driving. Drunk driving is the cause for many dangerous and deadly car accidents in Tennessee. However, some suspects charged with driving under the influence may see their cases drop. An attorney has stepped in to possibly have DUI cases dismissed on grounds of conflict of interest.
An attorney is fighting to have three DUI cases dropped. When defendants are convicted of DUI, they must pay $250 for the processing of Breathalyzer and blood alcohol tests. Reportedly, a state agency may be financially benefiting from these convictions and stand to gain millions. The attorney states that this constitutes conflict of interest that may unfairly affect DUI cases throughout the state. The lab that does the testing is the TBI lab rather than independent labs.
The attorney has filed a motion for the three DUI cases that he's defending to be dismissed due to the high possibility of conflict of interest. The motion hearing is schedule to be heard in March. The attorney believes that defendants should not be convicted purely on possible financial gain.
If these cases are dismissed, this may affect the outcome of other DUI cases throughout the state. Defendants who are charged with drunk driving have the right to a fair trial just as with any other case. The defendants also have the right to review and challenge any evidence brought against them, including blood alcohol tests. Having the right legal support and knowledge of criminal proceedings may drastically increase the potential for the best possible legal outcome in a Tennessee courtroom.
Source: newschannel9.com, Tennessee DUI Cases Could Be In Jeopardy, Calvin Sneed, Feb. 3, 2014