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Posted by: Tanja Trezise on Aug 14, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

David W. Camp, Jackson, Tennessee, for the appellant, Kevin Cortez Chrystak.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; J. Ross Dyer, Senior Counsel; James G. Woodall, District Attorney General; and Matthew Floyd, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): THOMAS

The Defendant, Kevin Cortez Chrystak, appeals from the Madison County Circuit Court’s order affirming his conviction for violation of the implied consent statute. See Tenn. Code Ann. § 55-10-406. In the trial court, the Defendant raised a statutory interpretation argument concerning the mandatory blood draw provision of the implied consent law. On appeal, the Defendant argues that the mandatory provision is unconstitutional, violating his Fourth Amendment Rights, and that he did not violate the implied consent law when he presented for the mandatory blood draw. The Defendant has waived his constitutional argument on appeal. However, pursuant to principles of statutory construction, we agree with the Defendant that he did not violate the implied consent law when his blood was obtained via the mandatory provisions. Following our review, we reverse the order of the trial court upholding the implied consent violation and dismiss the charge.