Monday, November 22, 2010

DUI proof is less demanding after a murder


Some DUI's are easier to prove than others. The evidence in State v Whited was that the officer recieved a call to look out for and stop the Defendant. The defendant appeared to be extremely intoxicated. A blood sample was drawn with a .23 and a variety of drugs. There were no challenges to the stop or failure to conduct SFST's, challenges to the blood test result or any other wacky defenses.
That may have been due to the fact that the defendant was leaving a murder scene in which he shot and killed an old friend. Whited was convicted of second degree murder, DUI 4th offense and suprise, suprise: Driving on a revoked license!
Congratulations to John Galloway in the 8th District.
Read the case at:

http://www.tsc.state.tn.us/OPINIONS/TCCA/PDF/104/State%20vs%20Keith%20A%20Whited.pdf

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