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Posted by: Tanja Trezise on Jun 1, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

John Pellegrin, Gallatin, Tennessee, for the appellant, Jacob Aaron Faulkner.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Rachel E. Willis, Senior Counsel; Lawrence Ray Whitley, District Attorney General; William G. Lamberth, II, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): THOMAS

The Defendant, Jacob Aaron Faulkner, pled guilty to driving under the influence (DUI), first offense. Under the terms of the agreement, he received a sentence of eleven months and twenty-nine days in the county jail, suspended to probation following the service of forty-eight hours. As part of the plea agreement, the Defendant reserved a certified question of law challenging the trial court’s denial of his motion to suppress the evidence resulting from his traffic stop: whether the officer had reasonable suspicion to believe he violated the “move over law.” After our review of the record, we dismiss the appeal because the Defendant failed to file a timely notice of appeal and there is no reason justifying waiver of the filing requirement.