State Declines To Appeal After Dismissal Of Hamilton County DUI

Thursday, October 25, 2018

A recent ruling dismissing a Hamilton County DUI case by the Tennessee Court of Criminal Appeals will stand following the expiration of the deadline for filing an appeal by the State Attorneys General’s Office to the Tennessee Supreme Court.

The case was handled at the trial and appellate levels by Summers, Rufolo & Rodgers attorneys Jerry Summers, Marya Schalk and Ben McGowan.

 The defendant was stopped at a roadblock set up on the north end of the Stringers Ridge Tunnel as he attempted to go home from the Riverbend Festival.

The basis on which the case was ultimately dismissed was the lack of pre-roadblock publicity to the public in the news media and also lack of warning that a roadblock (sobriety checkpoint) was set up on the south end of the tunnel which would have allowed the drivers to avoid the roadblock by taking another route, the law firm said.

The opinion by Judge Camille McMillen is at:
https://www.tncourts.gov/sites/default/files/robert_allison_franklin_cca_opinion.pdf



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