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Tennessee DUI Charge Dimissed (first offense).
Defendant was charged with a first offense under Tennessee Dui Law. Mr. Martin's client was stopped on the interstate after being clocked speeding 93 mph in a 70 mph zone. Despite registering a .07 on his breathe test, the State still charged the defendant with a DUI after "failing" three field sobriety tests. After viewing the video tape, Mr. Martin convinced the State to drop all charges due to the fact the breathe test was taken over 1 1/2 hours after the arrest and the field sobriety tests were unreliable due to the fact that the newly trained cop conducted the tests on the interstate ramp which had a 45 degree incline. Of note, the Judge reluctantly signed the dismissal. Case No. 06-094. |