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State v. Hancock5/12/1999
The Defendant, Kelly A. Hancock, appeals as of right from her conviction in the Williamson County Circuit Court. Defendant was indicted for the Class A misdemeanor offense of DUI, first offense, committed on February 20, 1997. Defendant filed a motion to suppress the results of the State's ethyl alcohol test of Defendant's blood procured on February 21, 1997. The trial court denied the motion following a hearing. Defendant was found guilty following a jury trial. In her appeal, the Defendant presents the following issues:
"1) Whether the trial court erred in denying Defendant's motion to suppress the ethyl alcohol test results of Defendant's blood based upon the State's failure to comply with the requirements of Tennessee Code Annotated section 55- 10-406;"
"2) Whether the trial court erred in allowing the State to question its forensic toxicologist regarding the Disposition of Defendant's blood sample to Quest Diagnostic Laboratories for independent testing;"
"3) Whether the trial court erred in permitting the State to cross-examine the Defendant concerning the Defendant's Motion to Preserve Blood Sample for testing filed on April 30, 1997; and"
"4) Whether the evidence at trial failed to establish the Defendant's guilt beyond a reasonable doubt."
For the reasons stated below, we reverse and remand for a new trial.
At the hearing on Defendant's motion to suppress, the Defendant testified that she was involved in an automobile accident on Hillsboro Road in Williamson County, Tennessee. Defendant was driving home when another car crossed the center line and struck her van. As a result of the accident, Defendant's air bag inflated and her driver's side door was jammed. A passing motorist stopped at the scene and told Defendant he had notified the police. Defendant telephoned Randy Wilkerson, her date that evening, to advise him of her accident and asked him to come to the scene. She stated she was also concerned about her four (4) children at home alone.
After the police arrived, she explained to them that she had been hit by the other vehicle. Most of the police officers went to the other vehicle driven by Mabel Garrett. Because she was injured Defendant went to an ambulance which had arrived at the scene. However, she refused to go to the hospital in the ambulance because she thought she was alright and had already called Mr. Wilkerson to pick her up. The police questioned Defendant regarding her consumption of alcohol and she initially responded that she had not been drinking but had been to a concert in downtown Nashville. Defendant then admitted that she had consumed one (1) beer during dinner and two (2) beers while at the concert. She agreed to submit to a battery of field sobriety tests, including standing on one (1) leg and the nose to finger tests. Corporal Larry Williams then asked Defendant if she would submit to a blood test. Defendant asked Deputy Marsha Brolsma what would happen if she refused to submit to the test. Deputy Brolsma responded that she could lose her driver's license for six (6) months, so Defendant agreed to submit to the test. Defendant recalled that the officers did not read an Implied Consent form to her, but did provide it for her signature. She was left, unhandcuffed, by the police to stand by herself at her van.
After Randy Wilkerson arrived at the scene, they left the scene in Wilkerson's truck to go to the hospital. While en route to the hospital, they had to stop as they did not know the way to the hospital. Deputy Brolsma was following them, and she agreed to lead them to the hospital. As Defendant was unable to walk when she arrived, she was assisted into the eme
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