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Posted by: Stacey Shrader Joslin on Jul 10, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

Herbert H. Slatery III, Attorney General and Reporter; Brent C. Cherry, Senior Counsel; Kim R. Helper, District Attorney General; and Carlin Hess, Assistant District Attorney General, for the appellant, the State of Tennessee.

Attorneys 2:

Mark L. Puryear III, Franklin, Tennessee, for the appellee, Jeffery D. Aaron.

Judge(s): WOODALL

Defendant, Jeffery D. Aaron, was indicted by the Williamson County Grand Jury for driving under the influence of an intoxicant (DUI), and driving while his blood alcohol concentration was .08 percent or more (DUI per se). Prior to trial, the trial court granted Defendant?s motion to suppress evidence obtained as a result of the state trooper?s stop of Defendant. The State appeals. After a thorough review of the record, relying upon our supreme court?s decision in State v. Brotherton, 323 S.W.3d 866 (Tenn. 2010), we conclude that the trooper had reasonable suspicion, based on specific and articulable facts, that Defendant had committed or was about to commit the Class C misdemeanor offense set forth in Tennessee Code Annotated section 55-8-123(1). Accordingly, the judgment of the trial court is reversed.