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Posted by: Tanja Trezise on May 29, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

Bryan E. Delius (on appeal) and Bryce W. McKenzie (at trial and remand hearing), Sevierville, Tennessee, for the Appellant, Andrew Reginald Mackinnon.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Leslie E. Price, Assistant Attorney General; James Bruce Dunn, District Attorney General; and Greg Eshbaugh, Assistant District Attorney General, for the Appellee, State of Tennessee.


In 2007, a Sevier County jury convicted the Defendant, Andrew Reginald Mackinnon, of violating the implied consent law. The Defendant appealed, and this Court vacated the judgment, remanding the case for the trial court to determine whether the Defendant violated the implied consent law. State v. Andrew Reginald MacKinnon, No. E2009-00093-CCA-R3- CD, 2011 WL 1460167 (Tenn. Crim. App., at Knoxville, Mar. 30, 2011), no Tenn. R. App. P. 11 application filed. On remand, the Defendant filed a motion to dismiss and a motion to suppress, both of which the trial court denied after a hearing. After a non-jury trial, the trial court determined that the Defendant had violated the implied consent law. The trial court ordered the Defendant’s license be revoked for a period of one year. On appeal, the Defendant contends that the trial court erred when it: (1) denied his motion to dismiss; and (2) denied his motion to suppress. After a thorough review of the record, the briefs, and relevant authorities, we affirm the trial court’s judgment.