State of Tennessee v. Gail Lynn Padgett (a.k.a. "Gail Lynn Nevels")

Case Number
E2011-01279-CCA-R3-CD

A Knox County jury convicted the Defendant, Gail Lynn Padgett, of driving under the influence of an intoxicant (“DUI”), fourth offense, a Class E felony, and driving on a revoked license. The trial court sentenced the Defendant to one year of incarceration for felony DUI with 150 days to be served in confinement and the remainder to be served on probation. The trial court sentenced the Defendant to six months probation for driving on a revoked license, to be served concurrently with the DUI sentence. The trial court also revoked the Defendant’s license for five years, ordering the Defendant to attend DUI school. On appeal, the Defendant contends that: (1) the evidence is insufficient to sustain her conviction for DUI, fourth offense; (2) the trial court erred in denying the Defendant’s Motion to Dismiss for the State’s failure to preserve evidence; and (3) the trial court erred by denying the Defendant’s Motion to Suppress evidence of her actions and statements to police due to the lack of probable cause to effectuate the arrest. After a thorough review of the record and relevant authorities, we affirm the trial court’s judgments.

Authoring Judge
Judge Robert W. Wedemeyer
Originating Judge
Judge Mary Beth Leibowitz
Case Name
State of Tennessee v. Gail Lynn Padgett (a.k.a. "Gail Lynn Nevels")
Date Filed
Dissent or Concur
No
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