Kelly Jackson, 23rd District

A new DUI decision has affirmed a DUI conviction in the 23rd Judicial District, prosecuted by Kelly Jackson. The defense argued that the breath test observation period was not observed, because at some point the officer, Deputy Donnie Brasco, reached into a drawer, got a mouthpiece out and placed it on the instrument. The Court did not buy it and pointed out that the key to the observation period is that a defendant not drink, smove, reguritate or put anything in his mouth.

Read the decision at:

http://www.tsc.state.tn.us/OPINIONS/tcca/PDF/104/HaleChadNicholasOPN.pdf