logo

Call or Text: (662) 536-5656

EMAIL
Text
CALL
  • Home
  • Our Team
    • Philip A. Stroud
    • Brandon L. Flechas
    • Matthew G. Dalton
    • Michele Watts
    • Amanda “Mandy” Wright
    • Traci Stone
    • Heather Oglesby
  • Personal Injury
    • Personal Injury
    • Car Accident Injury
    • Motorcycle Accident Injury
    • Brain Injury
    • Medical Malpractice
    • Nursing Home Negligence
    • Semi Truck Accidents
    • Slip and Fall Injury
    • VIEW ALL INJURY PRACTICE AREAS
  • Criminal Law
    • Assault & Battery
    • Domestic Violence / Simple Assault
    • DUI / DWI
    • Drug Charges, Sale & Possession
    • Reckless Driving
    • Suspended or Revoked License
    • Resisting Arrest and Disorderly Conduct
    • VIEW ALL CRIMINAL PRACTICE AREAS
  • Civil Rights
    • Police Misconduct
    • Police Shooting
    • Police Excessive Force
    • Police Taser Abuse
    • Law Enforcement Abuse of Power
    • Wrongful or Unlawful Arrest
    • Wrongful or Unlawful Search and Seizure
    • Police K9 Dog Bites
    • Sexual Abuse by Jailors or Police
    • VIEW ALL CIVIL RIGHTS AREAS
  • Results
  • Video Library
    • Accident Injury Videos
    • Insurance Law Videos
    • Civil Rights Videos
    • Criminal Law Videos
    • Liability & Malpractice Law Videos
  • Resources
    • Blog
    • Frequently Asked Questions
    • Community Resources
    • In The News
  • Contact

Neighboring Tennessee Supreme Court To Decide Important Field Sobriety Case

April 1, 2013 by Brandon Flechas Leave a Comment

The Supreme Court in neighboring Tennessee is poised to handle a potentially important topic about how much weight should be given to field sobriety tests. Specifically, the state’s highest court will consider what to do in cases where a driver passes a field sobriety test but is still suspected of being intoxicated.

The root of the problem is a case from 2009 where a defendant, David Bell, was charged with drunk driving. Surprisingly, his DUI charges came despite passing all six of the field sobriety tests administered by the arresting officer. The judge who first heard his case threw out his charges, saying that the police lacked the necessary probable cause to arrest Bell and that the blood test he was subjected to, which revealed he was indeed intoxicated (0.015 percent BAC), should also be thrown out.

The judge claimed that the results of the blood test were illegally obtained because there was never any basis to arrest Bell in the first place. The state appealed the decision and the Tennessee Court of Criminal Appeals agreed with the lower court, saying that the state could not administer field sobriety tests and then simply disregard the results when it did not suit their interests.

The case now comes before the state’s Supreme Court after the attorney general asked for a resolution to the matter. The AG specifically asked the court to determine how much importance the field sobriety tests should have, particularly in cases where there is little if any other evidence that a driver is actually intoxicated.

For his part, Bell has said that the police had every right to pull him over. Bell admits to driving on the wrong side of the road, but said he only did so because he missed his turn and was trying to flip the car around. Bell said that while the officer absolutely had probable cause to question him, once he passed the field sobriety tests the officer’s right to detain him ceased to exist.

Bell’s attorneys have cleverly made the case that the prosecution and police should not be entitled to have their cake and eat it too. Police, on the one hand, have argued that field sobriety tests are excellent, reliable methods for detecting if a driver is under the influence. At the same time, when the tests indicate that a driver is not intoxicated, the police seem to think they should be able to ignore those results, and continue digging for evidence of impairment.

Though the case concerns Tennessee law, many defense attorneys in the region, including here in Mississippi, are watching the case given that it could impact how other states address similar issues. The hope is that the Supreme Court realizes that groundless police searches and seizures should never be permitted, even in cases where drunk driving is suspected.

If you’ve been involved in something that requires the skill of an experienced Mississippi criminal defense lawyer, please contact us today.

Source: “Tennessee Supreme Court Agrees To Hear Field Sobriety Case,” by The Associated Press, published at NewsChannel5.com.

Filed Under: blog, DUI

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Request Your Free Consultation

  • Hidden
  • This field is for validation purposes and should be left unchanged.

“The lawyers at Stroud Law Firm represented my case with ease and great professionalism. I appreciated their integrity and would highly recommend this firm.”

– Suzanne R.

READ ALL REVIEWS

What do I need to prove to win my accident case?

Should I agree to take a breathalyzer test? What happens in Mississippi if I do not?

Can I be arrested for speaking alone?

VIEW ALL FAQ VIDEOS

  • Home
  • About
  • Personal Injury
  • Criminal Law
  • Civil Rights
  • Results
  • Videos
  • Contact

5779 Getwell Road, Building C1
Southaven, MS 38672 | United States

Phone : (662) 536-5656

Copyright © The Stroud Law Firm
Disclaimer | Privacy Policy

  • Home
  • Our Team
    ▼
    • Philip A. Stroud
    • Brandon L. Flechas
    • Matthew G. Dalton
    • Michele Watts
    • Amanda “Mandy” Wright
    • Traci Stone
    • Heather Oglesby
  • Personal Injury
    ▼
    • Personal Injury
    • Car Accident Injury
    • Motorcycle Accident Injury
    • Brain Injury
    • Medical Malpractice
    • Nursing Home Negligence
    • Semi Truck Accidents
    • Slip and Fall Injury
    • VIEW ALL INJURY PRACTICE AREAS
  • Criminal Law
    ▼
    • Assault & Battery
    • Domestic Violence / Simple Assault
    • DUI / DWI
    • Drug Charges, Sale & Possession
    • Reckless Driving
    • Suspended or Revoked License
    • Resisting Arrest and Disorderly Conduct
    • VIEW ALL CRIMINAL PRACTICE AREAS
  • Civil Rights
    ▼
    • Police Misconduct
    • Police Shooting
    • Police Excessive Force
    • Police Taser Abuse
    • Law Enforcement Abuse of Power
    • Wrongful or Unlawful Arrest
    • Wrongful or Unlawful Search and Seizure
    • Police K9 Dog Bites
    • Sexual Abuse by Jailors or Police
    • VIEW ALL CIVIL RIGHTS AREAS
  • Results
  • Video Library
    ▼
    • Accident Injury Videos
    • Insurance Law Videos
    • Civil Rights Videos
    • Criminal Law Videos
    • Liability & Malpractice Law Videos
  • Resources
    ▼
    • Blog
    • Frequently Asked Questions
    • Community Resources
    • In The News
  • Contact