Wednesday, February 11, 2015

Nashville DUI of Feb 10th: A fourth offense felony


OFFICER ___ OBSERVED THE DEFENDANT TRAVELING E/B ON FAIRFIELD AVE FROM LAFAYETTE ST ABOVETHE POSTED SPEED LIMIT. OFFICER ___ THEN GOT DIRECTLY BEHIND THE DEFENDANT AND FOLLOWED HIM FOR APPROX 1/4 TO 1/2 MILE AND PACED HIM GOING 37 IN A 30 MPH ZONE. OFFICER MORRISON CONDUCTED A TRAFFIC STOP ON THE DEFENDANT. WHEN THE DEFENDANT VEHICLE PULLED TO THE RIGHT TO STOP, THE DEFENDANT DROVE HIS RIGHT TWO WHEELS UP ONTO THE CURB OF THE SIDEWALK, COMING TO A STOP PARTIALLY STILL ON THE CURB. THE DEFENDANT THEN OPENED HIS DOOR AND PROCEEDED TO WALK BACK TOWARDS OFFICER ___ VEHICLE. OFFICER ___ IMMEDIATELY GAVE ORDERS FOR HIM TO GET BACK INTO HIS VEHICLE. DEFENDANT WAS SLOW TO COMPLY WITH OFFICER ___COMMANDS AT FIRST, BUT EVENTUALLY DID COMPLY TO RETURN TO HIS VEHICLE. OFFICER ___ THEN APPROACHED THE DEFENDANT AND ASKED HIM FOR HIS DRIVER LICENSE. DEFENDANT HAD NO ID ON HIS PERSON. AS OFFICER ___ WAS SPEAKING TO THE DEFENDANT, OFFICER  ___ DETECTED AN ODOR OF ALCOHOLIC BEVERAGE COMING FROM THE DEFENDANT PERSON AND BREATH. OFFICER ___ BELIEVING THAT THE DRIVER MIGHT BE IMPAIRED TO DRIVE, OFFICER ___ CALLED FOR A DUI CAR TO THE SCENE. I OFFICER ___ ARRIVED ON SCENE A SHORT TIME LATER AND SPOKE TO THE DEFENDANT. I ASKED HIM IF HE HAD BEEN DRINKING PRIOR TO BEING STOP AND THE DEFENDANT ADVISED OFFICER THAT HE HAD ONLY ONE BEER TO DRINK WHILE HE WAS WITH HIS FRIENDS. WHILE SPEAKING TO THE DEFENDANT, I OBSERVED THE DEFENDANT TO HAVE RED BLOODSHOT WATERY EYES, SLURRED SPEECH AND AN ODOR OF ALCOHOLIC BEVERAGE ON HIS PERSON AND BREATH. DEFENDANT WAS THEN ASKED TO COMPLETE A SFST'S WHICH THE DEFENDANT COMPLIED. ON THE HGN, THE DEFENDANT HAD A DIFFICULT TIME FOLLOWING THE INSTRUCTIONS THAT WERE GIVEN TO HIM TO PERFORM AND CONTINUED TO MOVE HIS HEAD. ON THE WALK AND TURN, DEFENDANT WAS GIVEN INSTRUCTIONS ON HOW TO COMPLETE THE WALK AND TURN SEVERAL TIMES BUT THE DEFENDANT SEEMED CONFUSED AND WOULD NOT FOLLOW THE INSTRUCTIONS GIVEN TO HIM. DEFENDANT AFTER SEVERAL ATTEMPTS TO COMPLETE THE TASK AT HAND, JUST REFUSED TO COMPLETE THE TASK AS INSTRUCTED. ON THE ONE LEG STAND, THE DEFENDANT CONTINUED TO HAVE A DIFFICULTIES FOLLOWING THE INSTRUCTIONS AND ADVISED THAT HE COULD NOT PERFORM THE TASK AT HAND DUE TO HAVING A PRIOR LEG INJURY AS A CHILD. AT THAT TIME THE DEFENDANT WAS THEN TAKEN INTO CUSTODY. OFFICER ____ READ THE DEFENDANT THE TN IMPLIED CONSENT LAW AND HIS MIRANDA RIGHTS TO HIM. DUE TO THE DEFENDANT 3 PRIOR DUI'S CONVICTION IN DAVIDSON COUNTY, DEFENDANT WAS ASKED TO HAVE HIS BLOOD DRAWN. DEFENDANT AGREED TO HAVE HIS BLOOD DRAWN AT GENERAL HOSPITAL. RESULTS ARE PENDING.

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