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Posted by: Tanja Trezise on Jun 17, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

David M. Rich, Nashville, Tennessee, for the appellant, Jacqueline M. Hiyama.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Brent C. Cherry, Senior Counsel; Kim R. Helper, District Attorney General; and Carlin Hess, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): OGLE

The appellant, Jacqueline M. Hiyama, was indicted on alternative counts of driving under the influence (DUI) pursuant to Tennessee Code Annotated section 55-10-401(a)(1) and (a)(2). She filed a pretrial motion to suppress all evidence obtained as a result of her arrest, asserting that the arresting officer did not have reasonable suspicion to stop her vehicle. The trial court denied the appellant’s motion. The appellant pled guilty to the indicted offense reserving a certified question of law pursuant to Tennessee Rule of Criminal Procedure 37(b)(2) concerning whether the stop of the appellant’s vehicle by law enforcement was lawful. After review, we conclude that the trial court did not err in denying the appellant’s motion to suppress and affirm the judgment of the trial court.