State of Tennessee v. David M. Whitman, Jr.

Case Number
M2004-03063-CCA-R3-CD

The defendant was indicted on two counts of driving under the influence (DUI). After a bench trial, the defendant was found guilty of both counts, but the trial court merged the counts into one conviction for DUI. The trial court sentenced the defendant to eleven months and twenty-nine days in the county jail, to be suspended after serving forty-eight hours in jail. The trial court also revoked the defendant's license for one year and imposed a three hundred fifty dollar fine. On appeal, the defendant argues that: (1) the arresting officer did not have reasonable suspicion to stop his vehicle; (2) the test results from the breath-alcohol test were inadmissible because the officer failed to observe him for the requisite twenty minutes prior to the administration of the test; and (3) the evidence was insufficient to support his conviction. After review, we affirm the judgment of the trial court.

Authoring Judge
Judge J. C. McLin
Originating Judge
Judge J. Randall Wyatt, Jr.
Case Name
State of Tennessee v. David M. Whitman, Jr.
Date Filed
Dissent or Concur
No
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