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Posted by: Landry Butler on Nov 16, 2016

Court: TN Court of Criminal Appeals

Attorneys 1:

Herbert H. Slatery III, Attorney General and Reporter; Clark B. Thornton, Senior Counsel; Glenn Funk, District Attorney General; and Karen Willis, Assistant District Attorney General, for the appellant, State of Tennessee.

Attorneys 2:

Margaret E. Garner, Maitland, Florida, for the appellee, Grace Ann Blair.

Judge(s): WILLIAMS

The Defendant, Grace Ann Blair, was charged in a two-count indictment with driving under the influence ("DUI") and DUI per se, Class A misdemeanors. See T.C.A. § 55- 10-401(1), (2). She moved to dismiss the charges after discovering that her blood sample was destroyed a little over one year after her arrest. The trial court granted the dismissal, finding that the sample contained potentially exculpatory evidence which could have shown that the Defendant's actions were involuntarily undertaken while she was under the influence of Ambien. The State appeals. Because we have determined that the Defendant's due process rights were not violated by the destruction of the sample, we reverse the dismissal of the charges and remand for further proceedings consistent with this opinion.