Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Jones

Court of Criminal Appeals of Tennessee, Nashville

March 7, 2018

STATE OF TENNESSEE
v.
RANDY TIMOTHY JONES

          Assigned on Briefs February 14, 2018

         Appeal from the Circuit Court for Lawrence County No. 34098 Robert L. Jones, Judge

         A Lawrence County jury convicted the Defendant, Randy Timothy Jones, of DUI per se, reckless driving, violation of the seatbelt law, violation of the due care law, and failure to maintain his lane, and the trial court sentenced him to eleven months and twenty-nine days of probation after he served forty-eight hours in jail. On appeal, the Defendant contends that the trial court erred when it did not exclude the blood alcohol report because the State did not adequately establish the proper chain of custody. After review, we affirm the trial court's judgments.

         Tenn. R. App. P. 3 Appeal as of Right; Judgments of the Circuit Court Affirmed

          James M. Marshall, Spring Hill, Tennessee, for the appellant, Randy Timothy Jones.

          Herbert H. Slatery III, Attorney General and Reporter; Andrew C. Vey, Assistant Attorney General; Brent A. Cooper, District Attorney General; Adam Davis, Assistant District Attorney General, for the appellee, State of Tennessee.

          Robert W. Wedemeyer, J., delivered the opinion of the court, in which Thomas T. Woodall, P.J. and Robert L. Holloway, Jr., J. joined.

          OPINION

          ROBERT W. WEDEMEYER, JUDGE

         I. Facts

         This case arises from a traffic accident occurring on March 21, 2016, wherein the Defendant's truck ran off the side of the road and crashed, landing upside down. For this accident, the Lawrence County grand jury indicted the Defendant for DUI, first offense, DUI per se, first offense, and several other driving-related offenses. The parties presented the following evidence at the Defendant's trial: Michael Kilpatrick, a trooper with the Tennessee Highway Patrol ("THP"), testified that on March 21, 2016, he came upon a truck that had just crashed in a field located in Lawrence County. He saw the driver, who he later identified as the Defendant, climbing out of the vehicle. From his vantage point approximately 100 feet from the truck, he saw that no one else was in the truck.

         Trooper Kilpatrick said that he called to the Defendant and asked if the Defendant was okay. The Defendant indicated that he was okay and he walked toward the trooper. Trooper Kilpatrick noted that he did not see any visible injuries on the Defendant. The trooper commented to the Defendant that he was glad that the Defendant was wearing a seatbelt, and the Defendant agreed. The trooper again asked the Defendant if he was okay, and the Defendant said that he was shaken up but okay. The trooper asked if he needed an ambulance, and the Defendant said he did not.

         Trooper Kilpatrick testified that he noticed that the Defendant's speech was slurred, that he had bloodshot eyes, and that the odor of alcohol was "coming off of his breath." On these bases, the trooper asked the Defendant if he had consumed any alcohol, and the Defendant responded that he had had a couple of beers but did not offer a time frame. Trooper Kilpatrick said that he stayed with the truck until the tow truck arrived.

         Trooper Kilpatrick testified that his car did not have audio and video equipment, so he called another trooper, Jonathan Pulley, to come to the scene. The trooper explained that he believed that they needed to have the Defendant perform field sobriety tasks to determine whether he displayed signs of intoxication, and Trooper Kilpatrick wanted the tasks to be recorded.

         Trooper Kilpatrick described the conditions as "clear" that day. He said that the Defendant performed his tasks on level pavement. Trooper Kilpatrick said that he watched Trooper Pulley perform the field sobriety tasks and, after he did so, Trooper Pulley ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.