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Posted by: Landry Butler on Oct 26, 2016

Court: TN Court of Criminal Appeals

Attorneys 1:

Herbert H. Slatery III, Attorney General and Reporter; M. Todd Ridley, Assistant Attorney General; Kim R. Helper, District Attorney General; and Tristan Poorman, Assistant District Attorney General, for the appellant, State of Tennessee.

Attorneys 2:

Roger Reid Street, Jr., and Elizabeth A. Russell, Franklin, Tennessee, for the appellee, Lindsey A. Ochab.

Judge(s): WITT

In this appeal, the State challenges the ruling of the trial court granting the defendant's motion to suppress evidence and dismiss the two-count indictment charging the defendant with driving under the influence (“DUI”) and driving with a blood alcohol content greater than .08 percent (“DUI per se”). Because the trial court failed to consider the effect of a search warrant and because, at any rate, probable cause supported the defendant's arrest, the trial court erred by granting the defendant's motion to suppress. The judgment of the trial court is reversed, and the case is remanded to the trial court for further proceedings consistent with this opinion.