My client was involved in a traffic crash on Blackman Road in Nashville, Tennessee. The arresting officer alleged:
"my client left the roadway and collided with a ditch on the right hand side of the road. The subject stated that he was texting when he crashed. Upon approach, the subject had an obvious odor of some type of alcoholic beverage coming from his person and his expelled breath. The subject openly admitted to drinking at least (1) mixed drink, but eluded to having drunk some other drinks as well earlier in the evening. The subject also openly admitted to taking some prescribed hydrocodone earlier in the evening. The subject had red watery eyes, dry mouth, some slight slurred speech, and was unsteady on his feet. The subject agreed to perform the 3 standard field sobriety tasks, and he showed numerous indicators of impairment on all 3 tests. The subject was read the Tennessee implied consent, and he agreed to take the requested blood test."
As a result, my client was charged with DUI 1st offense, open container, and possession of a firearm while under the influence of alcohol. Following the investigation and arrest, my client was taken to the emergency room and treated for a concussion as well as neck injury that required a follow-up surgery. Months later the blood test came back above the legal limit (.11). After lengthy plea discussions, my client avoided a DUI conviction by pleading guilty to an amended charge of reckless driving and he was granted pre-trial diversion on the possession of weapon while under the influence. Case Number 13-005.