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State v. Whytsell6/18/2003
and a half years where he graduated with an associate's degree in nutrition and exercise science. The Defendant testified that he had worked in the restaurant industry since he was sixteen years old. He stated that at the time of trial, he was working as a server at Outback Steakhouse and as the "front desk man" at Homewood Suites Hilton. He further stated that he had just been hired at Erlanger Hospital as a dietician tech. The Defendant testified that he was a year away from graduating with a bachelor's degree in exercise science.
The Defendant testified that there were many occasions when he worked as a bartender that he refused to serve alcohol to someone because the person appeared intoxicated. He stated that he knew his own limitations and that he carried the number of a taxi service in his wallet in case he has had too much to drink and needs a ride. The Defendant testified that he did not believe that he was too impaired to drive a vehicle on the night that he was stopped by Officer McElrath. He maintained that he was stopped much earlier than 3:00 a.m. He testified that he left work at the Texas Roadhouse around 6:00 p.m. on the previous day. The Defendant recalled that after going home, he met a friend around 9:30 p.m. at the Peking restaurant, parked his car, and rode with his friend to Red Lobster to eat.
According to the Defendant, after dinner, he and his friend went to Big River Restaurant in downtown Chattanooga to see if any good bands were playing that evening. The two then walked to Taco Mac. Realizing that they were on a time schedule to meet the friend's girlfriend, they then went to Flashbacks. The Defendant testified that his friend parked next to his car in the Peking restaurant parking lot. The Defendant maintained that he only had one drink and then left around 1:00 or 1:15 a.m. He acknowledged that he drank mixed drinks during the evening and estimated that he consumed about three ounces of alcohol. The Defendant believed that Officer McElrath was mistaken about seeing his car fishtail or that the car that McElrath saw come out of Flashbacks was not his car. He testified that Officer McElrath pulled him over within 200 feet of the parking lot where he had been parked. He maintained that he never threatened Officer McElrath. The Defendant testified that he would have taken the breathalyzer test, but he felt threatened by one of the officers at the police station.
B. Sentencing Hearing
The State did not present any proof at the sentencing hearing and relied on evidence presented at the Defendant's trial. The Defendant testified that he is a homeowner. He stated that at the time of the sentencing hearing, he was working at three different places: Erlanger Hospital, Outback Steakhouse, and Homewood Suites Hilton. The Defendant testified that he had one year remaining in school and that he intended to apply for medical school when he finished. He stated that this was the first time he had ever been arrested. The Defendant maintained that he never threatened Officer McElrath.
Fred Whytsell, the Defendant's father, testified that the Defendant has two brothers and that the Defendant is the middle child. He stated that he was very proud of his son. He testified that the Defendant put himself through college. Whytsell reported that his son never got into any trouble when he was younger and that he is an "upright citizen." He stated that his son is not a violent person. Whytsell acknowledged that he had never seen the Defendant when he was drunk.
Randy M. Hayes testified that he had worked with the Defendant for the past four months and that he also socialized with the Defendant. He stated that the Defendant is "an honorable
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