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Posted by: Tanja Trezise on Jun 19, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

Vanessa P. Bryan, District Public Defender; and Benjamin Signer, and Robert W. Jones, Assistant Public Defenders, Franklin, Tennessee, for the appellant, Phillip K. Adams.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Clark B. Thornton, Assistant Attorney General; Kim R. Helper, District Attorney General; and Carlin Hess, Assistant District Attorney General, for the appellee, the State of Tennessee.

Judge(s): WOODALL

Defendant, Phillip K. Adams, was indicted by the Williamson County Grand Jury for driving under the influence of an intoxicant (DUI), driving while his blood alcohol concentration was .08 percent or more (DUI per se), and DUI, second offense. Following a jury trial, Defendant was convicted of DUI second offense and sentenced to 11 months and 29 days, to be suspended after serving 60 days in confinement. On appeal, Defendant contends that: 1) the trial court erred by not allowing Defendant to present the expert testimony of his co-worker Travis Adams at trial; 2) the trial court erred by not allowing Defendant to testify as an expert witness at trial; and 3) the trial court deprived Defendant of his right to due process by preventing him from presenting a defense. Having reviewed the record before us and the briefs of the parties, we conclude that the trial court did not abuse its discretion. Accordingly, the judgment of the trial court is affirmed.