STATE OF TENNESSEE v. JAMES K. GARDNER - Articles

All Content


Posted by: Tanja Trezise on Nov 13, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

LeRoy Tipton, Jr., Greeneville, Tennessee, for the appellant, James K. Gardner.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Deshea Dulany Faughn, Senior Counsel; C. Berkeley Bell, Jr., District Attorney General; and Cecil C. Mills, Jr., Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): MONTGOMERY

The Defendant, James K. Gardner, pleaded guilty in the Criminal Court for Greene County to second offense per se driving under the influence (DUI), a Class A Misdemeanor. See T.C.A. § 55-10-401(a)(2) (2012) (driving with a blood alcohol concentration of 0.08% or more). The Defendant was sentenced to eleven months, twenty-nine days on probation after serving sixty days in confinement. On appeal, the Defendant presents a certified question of law regarding the legality of the seizure of his blood used for establishing his blood alcohol concentration. We conclude that no exception to the warrant requirement justified the warrantless blood draw, and we reverse the trial court’s denial of the Defendant’s motion to suppress and vacate the conviction. Because the Defendant was only charged with per se DUI, we remand the case to the trial court for dismissal of the charge.

Attachments: