Tennessee Supreme Court Affirms Dismissal of DUI Case when Video Recording Lost

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On November 18, 2010, Officer Robert Hammond observed the vehicle driven by the defendant, Angela Merriman, veer into his lane of traffic from the center turn lane. Officer Hammond then activated the video equipment in his patrol car and stopped Ms. Merriman's vehicle. Subsequently, Officer Hammond conducted a horizontal gaze nystagmus field test, along with two other field sobriety tests which the defendant did not complete due to health issues. Afterwards, Officer Hammond placed the defendant under arrest for driving under the influence (DUI), reckless endangerment with a motor vehicle, reckless driving, driving under suspension and violation of the implied consent law.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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