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Notable Tennessee DUI Cases

Not guilty verdict.  My client was found not guilty by a jury even though the arresting officer (who trains cadets at the academy) testified that my client performed all field tasks poorly and drove this SUV truck all over the interstate.  In a pre-trial conference, the Judge commented that he had read the file and was interested in what type of defense I had to offer.  He was suggesting that I had no defense.

Nashville Dui 2nd Dismissed.  My client was charged with Dui 2nd offense after the arresting officer noted poor driving (an illegal U-turn), odor of alcohol, bloodshot red watery eyes, poor performance of the sobriety tests, and a .15 breath test.  The case was dismissed on a motion by the defense counsel.

.17 Breathe Test.  Defendant was arrested for Dui after her car broke down on the interstate.  When the officer arrived, my client was seated in the driver's seat.  He immediately noticed the smell of alcohol coupled with bloodshot eyes.  After poor performance on the sobriety tests, the defendant was arrested for Dui.  An amended plea of reckless driving was entered.

.15 Breathe Test.  My client was arrested for Dui after the arresting officer noted swerving in the road, strong odor of alcohol, slurred speech, watery eyes, dilated pupils, and impairment indicators on the sobriety tasks.  A reckless driving plea was entered. 

FAA Pilot gets DUI charge reduced to reckless driving.  While investigating a property damage accident, the arresting officer noticed a strong odor of alcohol and red watery eyes.  After performing poorly on the field tests, my client was arrested for DUI and registered .11 on the breath test.  A pleas of reckless driving was entered and the Assistant District Attorney General commented to my client that the only reason he cut the defendant a break was because he a lot of respect for his attorney.

DUI case reduced to reckless driving after the defendant was kicked out of a bar.  After being kicked out of a Nashville bar, the arresting officer observed my client "peel out", race down the street, and run a red light.  A traffic stop was made where the arresting officer noted a smell of alcohol, bloodshot watery eyes, slurred speech, poor performance on the field tests, and refusal of the breath test.  A plea of reckless driving was reached.

DUI 3rd Offense reduced to non-DUI disposition.  After being stopped for a traffic stop (seat belt), the arresting officer noted the smell of alcohol, bloodshot eyes, and slurred speech.  In addition, he noted that my client staggered while he walked, failed all three field sobriety tests, and refused the breath test.  Prior to trial, a non-dui plea was reached.

DUI third offense reduced after a Hung Jury.  The arresting officer alleged that my client nearly struck his patrol while violating the "move over" law and continued to drive poorly by performing two U-turns before finally parking.  The officer noted poor performance on the field tests and the refusal of the breath test.  Prior to trial, the state offered to plead guilty to DUI 3rd and serve 120 days in jail.  After a hung jury, the state offered a first offense with 2 days.

Nashville, Tennessee DUI case dismissed after the State could prove the defendant was driving.  My client was charged with a DUI following a single car accident.  He registered a .18 on the breathalyzer machine which is two times the legal limit.  The arresting officer found my client’s car in his yard following the accident. He faced mandatory jail time, fines, court costs, and loss of license for one year.  His fines and court costs would have easily exceeded over $1,000.00.  Following a General Sessions Trial, the State failed to prove that my client was driving the vehicle and they also failed to prove that the vehicle was operated on Tennessee roads.  The case was dismissed at trial with a finding that my client was not guilty of DUI and leaving the scene of an accident.  CF-001.

Nashville DUI case dismissed.  My client was charged with DUI after blowing a .07 and having a small amount of marijuana in her vehicle.  The client was charged with DUI and simple possession of marijuana schedule VI.  On the eve of trial, the State dismissed the DUI citing lack of evidence.  I pointed out to the State that their case was weak because my client’s only traffic infraction was speeding 40 mph in a 30 mph zone and there was not any other signs or clues of poor driving.  The marijuana case was dismissed after the performance of 8 hours of community service work.  CF-002.

Nashville DUI case and implied consent charge dismissed.  My client was arrested for DUI in Nashville after the arresting officer noticed him harassing another customer at a local Nashville gas station.  The arresting officer approached the accused and noted that he was intoxicated in his report.  The arresting officer further warned the accused that if he attempted to driver away from the scene he would be arrested for DUI.  A few minutes later, my client attempted to leave the scene when he jumped into his car while he attempted to start the vehicle.  Furthermore, the arresting officer noted that the defendant dropped and fumbled his keys several times while attempting to start his vehicle.  The officer noted that the accused appeared to be extremely intoxicated and disheveled.  Due to a prior injury, no field tests were given.  Case number 13-033

Lebanon, Wilson County, Tennessee DUI case dismissed.  My client was arrested by Mt. Juliet Police after the arresting officer noted that my client failed to maintain his lane of travel several times.  Furthermore, the arresting officer noted that my client failed to perform the field sobriety tests in a satisfactory manner.  After securing the arrest video, a motion to dismiss was granted by the presiding Judge.  Case number 12-DBE.

Nashville DUI Case Dismissed.  Defendant was involved in a single car accident.  During the course of the traffic investigation, the arresting officer developed reasonable suspicion that the Defendant was impaired.  A DUI officer arrived on the scene.  He detected an odor of alcohol, staggered walk, red bloodshot watery eyes, and the Defendant admitted to drinking 9 beers.  Furthermore, field tests were stopped because of the level of impairment of the Defendant.  Case No. 11-052. 

.14 Nashville, Tennessee DUI case reduced to reckless driving.  On Steeplechase weekend, the accused was charged with violating Tennessee Code Annotated Section 55-10-401 (DUI).  The arresting officer observed a vehicle travel south on I-65 near Wedgewood Avenue at a high rate of speed.  Radar verified the vehicle's speed at 75 miles per hour in a 55 miles per hour zone.  The vehicle was stopped near I-440.  As the arresting officer approved the defendant's car, he observed watery, bloodshot eyes, and dilated pupils.  An odor of an alcoholic beverage came from the defendant as he spoke.  The defendant stated he had consumed seven or eight beers, and then stated he had consumed two beers and two Jager bombs.  After showing signs of impairment of the field sobriety tasks, the defendant agreed to a breath test and registered a .14.  A plea of reckless driving was entered and my client avoided a DUI conviction.  In addition, he was able to keep is traveling sales job.  Case number 06-056. 

Nashville, Tennessee DUI Case Reduced to Reckless Driving.  Jail time penalties and loss of license avoided.  My client was arrested in downtown Nashville on Broadway after the arresting officer noticed that her car had an "improper display" of her license plate.  Furthermore, the arresting officer noted an odor of alcoholic beverage and the accused admitted to drinking and being underage.  After performing poorly on the field sobriety tasks, my client was arrested and took a blood test.  The blood test results were .13.  After showing the State that the traffic stop was weak, a plea to reckless driving was entered.  My client avoided jail and a DUI conviction.  Case Number 12-079.

Gallatin, Sumner County, Tennessee DUI case reduced to reckless driving.  My client was arrested in Sumner County, Tennessee.  His vehicle was observed traveling at a high rate of speed northbound on New Shackle.  The vehicle was clocked at 55 mph in a 40 mph zone.  After activating the emergency equipment, the defendant was slow to pull over and finally stopped in his own driveway. He traveled over 1/2 mile.  Upon contact with the driver, the officer noted slurred speech and trouble locating documents.  The odor of alcohol was noted and the defendant failed all field sobriety tests.  The defendant consented to a blood test and he recorded .11.  Case number 07-027. 

Nashville, Tennessee Motorcycle DUI case reduced to reckless driving and implied consent charged dismissed.  The defendant was charged with violating Tennessee Code Annotated Sections 55-10-401 (DUI 1st Offense) and 55-10-406 (Implied Consent).  The defendant was observed by the arresting officer riding a motorcycle at a high rate of speed near 2500 West End Avenue with a female passenger on back.  Radar confirmed that the defendant was traveling 53 mph in a 30 mph zone.  The Nashville Police officer immediately activated his emergency equipment and the defendant acted as if he was going to flee.  However, the defendant pulled over after several blocks stopping in the intersection of West End Avenue and 30th Avenue North.  The officer noted that the defendant seemed to have trouble keeping balance on his bike, and he also noted several signs associated with an impaired driver.  Due to these clues, the defendant was arrested for DUI and was asked to submit to a breath test.  The Nashville Police Officer asked the defendant several times if he would take the test and he keep asking the same question "if I pass the test, I can go right?"  The officer took this response as a refusal.  Case number 07-062. 

DUI Case Reduced to Reckless Driving.  Defendant was pulled over after the arresting officer stopped him for driving the wrong way on a one way street.  The arresting officer noted the smell of alcohol and the Defendant admitted to drinking "some cocktails."  Several indicators of impairment were noted on the field tests.  A plea agreement to a reckless driving was reached and the accused avoided jail.  Case No. 12-023.

Careless Driving DUI case reduced to Reckless Driving.  My client was stopped for reckless driving after the arresting officer alleged that he could not maintain his lane of travel.  After the traffic stop, the officer noticed an odor of alcohol, indicators of impairment on the field tests, and the admission of drinking six beers.  A plea agreement was reached to an amended charge of reckless driving.  Case No. 10-096

Nashville West End DUI case reduced to Reckless Driving.  My client was stopped for speeding.  The arresting officer noted a strong odor of alcohol, bloodshot eyes, and slurred speech.  Furthermore, the arresting officer noted an unsteady walk and swaying while the accused stood in place.  After field sobriety testing, my client registered a.09 of the breath test.  Case No. 10-090.

.13 Breath Alcohol Test DUI case reduced to Reckless Driving.  A reckless driving plea was reached in Nashville General Sessions Court.  My client was arrested after the arresting officer stopped my client for an improper tail light violation.  There was no other poor driving noted on the arrest warrant or the officer's 132 form.  The officer noted a strong odor or alcohol, slurred speech, and indicators of impairment of the field sobriety tasks.  November 23, 2010. 

Franklin DUI Case-Not Guilty Verdict
My was client was found not guilty by a jury even though the arresting officer (who trains cadets at the academy) testified that my client performed all field tasks poorly and drove his truck all over the interstate. In a pre-trial conference, the judge commented that he had read the file and was interested in what type of defense I had i.e. the judge was suggesting that I did not have a defense.

Tennessee DUI 3rd offense reduced to a non-DUI disposition.  After being stopped for driving without a safety belt, the officer noted the smell of alcohol bloodshot eyes, staggered walk, and slurred speech.  After setting the case for trial, an amended plea to reckless endangerment was reached.  Case No. 08-047.

Wrong Way DUI arrest in Nashville?  After being stopped and arrested for DUI 2nd offense, my client was arrested and charged for DUI 2nd offense.  In confidence, my client admitted that his memory of the events was a little blurry.  A plea to DUI first offense was entered.  Case No. 09-097.

Nashville Xanax DUI case.  My client was stopped for speeding on West End Avenue.  The radar gun clocked her doing 50 mph in a 30 mph zone.  No other poor or erratic driving was noted by the arresting officer.  This DUI case was based on the officer's opinion that my client was too impaired to drive.  He noted poor performance on the field tests, staggered walk, and admission to taking Xanax.  After reviewing the arresting officer's arrest notes and reports, I was able to convince the DA that the appearance and demeanor of the accused was not consistent with someone under the influence.  A plea of reckless driving was entered.  Case No. 09-110.

Nashville Marijuana DUI Case.  After being arrested for DUI, my client was further charged with simple possession of marijuana and drug paraphernalia.  The officer noted poor driving on behalf of my client due to them speeding and running a red light.  Furthermore, the arresting officer alleged that the accused was slow to pull over and smelled of burnt marijuana.  After performing poorly on the standard field sobriety tests, my client was arrested for DUI and the above mentioned drug charges.  A blood test confirmed by client had been smoking pot but the test results were not conclusive of impairment.  A plea of reckless driving was reached and the remaining charges were dismissed as part of the plea agreement.  Case No.  09-069.

Peppered Sprayed DUI 2nd offense Case reduced.  The arresting officer alleged that my client committed traffic violations by turning right on red without stopping and speeding.  The officer alleged that my clients level of intoxication was so severe that she could not complete even the most basic field tests (counting and ABC's) and she admitted to mixing several drugs with alcohol.  After being charged with a DUI 2nd offense, my client refused a breath test.  A plea to DUI 1st was reached and my client avoided 45 days in jail.  Case No. 09-106. 

.123 Nashville West End DUI speeding case reduced to reckless driving.  Case No. 09-071.

Nashville Marijuana DUI case dismissed for lack of evidence and record sealed.  My client was arrested in Nashville, Tennessee and charged with DUI 1st offense based upon the arresting officer's opinion that my client was under the influence of marijuana.  After a routine traffic stop, the arresting officer noted a strong odor of marijuana and poor performance on the field tasks.  After reviewing the results of the blood test, the charges against my client were dropped and his record is now sealed from public view.  Case No. 09-031.

Nashville DUI Third Offense reduced.  My client was arrested in Nashville, Tennessee and charged under Tennessee DUI laws with a third offense which carries a mandatory minimum sentence of 120 days in jail.  The arresting officer conducted a traffic stop after he observed my client speeding (67 mph in a 45 mph zone) on Murfreesboro Pike in South Nashville.  The arrest report noted an odor of alcoholic beverage coming from my client's person, bloodshot watery eyes, and slurred speech.  My client denied drinking and the arresting officer noted several clues of impairment on the field sobriety tasks.  Originally, my client refused to submit to a breath test.  At General Hospital, my client became non-compliant and stated he would not submit to a blood test.  When asked, he refused to stand up and walk to the room where the nurse was setting up for the blood draw.  Due to two prior DUI convictions, my client was forced to submit to a mandatory blood draw which later was determined to be .15.  After a lengthy battle with the DA's office, I negotiated a plea to DUI 2nd offense with only 17 days to serve in jail and the remaining balance in a rehab treatment center.  It is important to note that my client was barely able to save he job by using vacation and FEMLA leave time.  Case Number No. 12-021.

.128 Nashville DUI reduced to non-DUI disposition.  My client was arrested and charged with violating Tennessee Code Annotated Section 55-10-401 in Nashville, Tennessee.  The arresting officer observed my client driving for several miles on I-40 and watched him weave in and out of his lane several times (5).  In addition, the defendant almost hit a cement wall twice.  The defendant was stopped, investigated, and arrested for DUI.  Case number No. 07-079. 

Nashville, Tennessee DUI 2nd offense amended to DUI 1st offense.  The defendant was stopped on a traffic violating and he had a strong odor of alcohol about his person.  The defendant stated he had been drinking alcohol and he spoke with a dry mouth.  The defendant's eyes were watery; pupils dilated and appeared to be under the influence.  There were indicators on the field sobriety tasks and the defendant refused a Breath Alcohol Test.  Case number 06-044. 

Belle Meade DUI amended to reckless driving.  My client was arrested and charged with violating Tennessee Code Annotated Sections 55-10-401 (DUI) and 55-10-406 (Implied Consent).  After a routine traffic stop on Harding Place for speeding, my client performed poorly on the field sobriety tasks and had to brace himself against his car for balance.  The defendant could not complete all field tests because the officer feared for his safety.  Case number 06-041. 

Tennessee DUI 3rd offense reduced to DUI 1st offense.  The defendant was arrested and charged with violating Tennessee Code Annotated Sections 55-10-401 (DUI 3rd) and 55-10-406 (Implied Consent).  The defendant was stopped for speeding (77 mph in 55 mph) and took approximately 1 mile to pull over after the Nashville Police Officer activated his lights and siren.  Furthermore, the defendant fumbled his wallet while producing his license and performed poorly on the field tests.  A plea to DUI 1st was entered and the defendant saved 118 days in jail.  Case Number 08-031.

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 -Lee Martin is a nationally recognized DUI and criminal defense attorney who offers premier legal services by limiting his caseload exclusively to DUI and criminal matters.  He knows how to build a solid defense strategy for your upcoming court date.  Let Lee Martin be your choose as your Nashville, TN DUI defense lawyer. 

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