 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Campbell10/6/2004
The defendant was convicted of driving under the influence ("DUI"), first offense, and sentenced to eleven months, twenty-nine days in the county jail, with all but forty-eight hours suspended and the balance to be served on probation. In addition, his driver's license was suspended for one year and he was ordered to pay a fine of $350. In his appeal, the defendant argues that the trial court should not have allowed the jury to compare his signature from the morning of the arrest with his signature from another day for the purpose of inferring impairment. Following our review, we affirm the judgment of the trial court.
Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Criminal Court Affirmed.
Direct Appeal from the Criminal Court for Washington County. No. 26743. Robert E. Cupp, Judge.
Donald E. Spurrell, Johnson City, Tennessee, for the appellant, Jonathan Gene Campbell.
Paul G. Summers, Attorney General and Reporter; Brent C. Cherry, Assistant Attorney General; Joe C. Crumley, Jr., District Attorney General; and Dennis D. Brooks, Assistant District Attorney General, for the appellee, State of Tennessee.
The opinion of the court was delivered by: Alan E. Glenn, Judge
Alan E. Glenn, J., delivered the opinion of the court, in which David G. Hayes and James Curwood Witt, Jr., JJ., joined.
OPINION
FACTS
Because the defendant's misdemeanor trial was not transcribed, the parties agreed to a Joint Statement of the Evidence on March 12, 2004, which was filed by the defendant with this appeal. We quote the Statement in its entirety:
On December 30, 2000, at approximately 2 a.m., the Defendant left Shoeless Joe's Restaurant and nightclub in Johnson City, Tennessee. He had been out with friends since earlier in the night.
The Court took judicial notice from the December 30, 2000, publication of the Johnson City Press that the temperature was steady in the lower 20s with wind chill from 10 below to 10 above zero and westerly winds from 10-20 miles per hour and gusty according to the National Weather Service. The Defendant was dressed in a long sleeved shirt and light fleece jacket. The Defendant was driving a 1989 Jeep Cherokee, which according to the Defendant's testimony took a long time to warm up as it had an inadequate heater.
Defendant was less than one mile from Shoeless Joe's when his vehicle was stopped by Public Safety Officer Eric Hull of the Johnson City Bureau of Police. Hull stated that he observed Defendant execute a turn from Mockingbird Lane onto Roan Street (a major thoroughfare) at a high rate of speed. Hull followed Defendant at 50 mph in a 40 mph zone. Hull said that Defendant weaved out of his lane three times jerkily. Hull testified that the three times Defendant weaved occurred in less than a mile of travel. Hull stated that the Defendant was driving in Washington County, Tennessee. Hull said that Defendant claimed that he was cold and that he was bouncing to the music because his Jeep took a while to get warm.
Hull asked Defendant to perform field sobriety tests. Hull said that Defendant explained that he recently suffered a broken leg and the cast had just been removed. Hull testified that Defendant started the heel-to-toe test before he was instructed to begin, and that he did not keep his feet in a straight line. Also, Hull said Defendant did not make a correct turn as was instructed. On the one- leg stand, Hull said Defendant could not stand for the required 30 seconds. The officer did not keep any written field sobriety notes of the Defendant's performance except for those entered on his affidavit of arrest. Hull also stated that Defendant interrupted
Page 1 2 3 4 Tennessee DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|