New DUI Decision

Lexington, Tn., officer Brad Wilson responded when a citizen called and informed the dispatcher that a car was being driven recklessly. The officer arrived and the citizen pulled out of the way, so the officer could see the suspect car for himself. After pulling away from a stop sign the officer noticed the car was going faster than he was, which was 42 mph in a 30 mph zone. Officer Wilson pulled the car over and found an impaired driver.
The defendant file a motion to suppress and lost and was found guilty by a jury at trial. His appeal focused solely on the motion to suppress.
The defendant, Charles White Sr., either had plenty of money or a pretty good buddy. He called a land surveyor to testify for him. The surveyor watched a video, looked at the distance between telephone poles in the video, measured the slope of the road and came up with an opinion that the average speed of the White vehicle was 30 mph.
That was an interesting use of a land surveyor. What was not indicated was that the starting speed (starting from a dead stop or 0 mph) and stopping speed as the driver slowed to a complete stop would be substantially less than the fastest speed. The average could have easily included the 42+ mph the officer observed.
The Court found that the officer was credible and simply told what he saw. When he, officer Wilson, was going 42 mph, White was still pulling away from him. The Court affirmed the decision of the jury.
Read the case at: http://www.tncourts.gov/sites/default/files/whitecharlesopn.pdf