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Posted by: Chandra Williams on Dec 16, 2015

Head Comment: With dissenting opinion.

Court: TN Court of Criminal Appeals

Attorneys 1:

Herbert H. Slatery III, Attorney General and Reporter; Rachel E. Willis, Senior Counsel; Amy P. Weirich, District Attorney General; and Stephanie Johnson, Assistant District Attorney General, for the appellant, State of Tennessee.

Attorneys 2:

Andre´ C. Wharton, Memphis, Tennessee, for the appellee, A.D. Smith III.

Judge(s): EASTER

Defendant, A.D. Smith III, was arrested for driving under the influence (“DUI”) in Shelby County. Based on his prior conviction for DUI, Defendant was informed that he was subject to a mandatory blood draw under Tennessee’s implied consent law. Defendant filed a motion to suppress, arguing that his consent was not freely and voluntarily given. The trial court granted the motion to suppress, and the State filed for an interlocutory appeal. Upon our review of the record, arguments, and authorities, we conclude that the trial court erred in finding that Defendant’s consent was not voluntary. Therefore, we reverse the decision of the trial court and remand the case for further proceedings in accordance with this opinion.