A RECORD OF SUCCESS

STATE OF TENNESSEE V. Y.A., WILSON COUNTY, TN

Client was stopped by Mt. Juliet police for erratic driving.  Upon contact with client, the police observed various indicators of impairment and arrested him for DUI.  However, the police failed to capture any of the field sobriety tasks on video and neglected to offer client a blood test.  Through negotiations, the DUI was amended to Reckless Endangerment.  Client kept his driver's license and will be able to have the entire case expunged in five years.

STATE OF TENNESSEE V. D.H., WILLIAMSON COUNTY, TN

Client was stopped for a broken headlight.  Client admitted to the police officer than he had a bag of marijuana under his seat.  Through negotiations with the Assistant District Attorney,  the State agreed to retire client's case on the condition that he pay a $250 contribution to the Franklin Police Department and incur no new charges for a year.  Client will be able to have case dismissed and expunged from his record.  No probation!

STATE OF TENNESSEE V. C.J., WILLIAMSON COUNTY, TN

Client was caught speeding (55 mph in a 40 mph zone).  Officer claimed he smelled the odor of marijuana and conducted a probable cause search of the vehicle, which resulted in the confiscation of a small amount of weed.  After establishing that client did not know the marijuana was in his vehicle, the state agreed to retire the case. 

STATE OF TENNESSEE V. E.T., DAVIDSON COUNTY, TN

Client was caught speeding (75 mph in a 55 mph zone).  Officer noticed an alleged odor of alcohol, slurred speech, and dry mouth.  Officer performed five different field sobriety tasks on client, alleging "indicators of impairment" on each task.  After reviewing the video, Mr. Caldwell filed a motion to suppress the .17 blood-alcohol breath test.  After a hearing, the trial court issued a written order declaring that the officer lacked probable cause to arrest client and suppressed the breath test results.  Case dismissed.

STATE OF TENNESSEE V. J.S., DAVIDSON COUNTY, TN

Client was caught speeding (76 mph in a 55 mph zone).  Officer noticed an odor of alcohol and slurred speech.  Officer believed there were indicators of impairment on the field sobriety tests and arrested client for driving under the influence.  Client submitted to a blood test, which later revealed a .164% blood alcohol level (twice the legal limit).  Through negotiations, the State agreed to reduce the DUI charge to Reckless Endangerment, allowing client to retain his license and avoid jail time. 

STATE OF TENNESSEE V. F.A., DAVIDSON COUNTY, TN

Client was talking with some friends in a parking lot on 2nd Avenue in downtown Nashville at around 2:00 a.m. A police officer arrived and began questioning everyone present. After the questioning ended and the officer left, client walked back to his car and drove away. The same officer saw client driving and stopped him for an unknown traffic violation. Officer arrested client for Driving Under the Influence and client was taken to jail. After discussing client's case with the District Attorney, the State agreed that the stop was unconstitutional, and the entire case was thrown out. Client was able to maintain a clean record and retain his driving privileges.

STATE OF TENNESSEE V. A.H., WILSON  COUNTY, TN

Client charged with DUI 2nd Offense.  Client ran off the road striking a mailbox and rear-ending another vehicle.  Blood was collected from client which resulted in blood-alcohol level over the legal limit.  The State's initial offer was a DUI 2nd Offense with 60 days to serve in jail!!  After Mr. Caldwell filed a motion to suppress, the State agreed to reduce the DUI 2nd to a DUI 1st Offense with the minimum punishments.

STATE OF TENNESSEE V. K.B., DAVIDSON COUNTY, TN

Client was encountered by an undercover police officer at a metro public park and was charged with indecent exposure. After arguing to the Assistant District Attorney that the client was unfairly targeted and charged, the State agreed to dismiss the indecent exposure charge on the condition that client perform public service. End result: case dismissed and record expunged.

STATE OF TENNESSEE V. J.J., GILES COUNTY, TN

Client stopped on I-65 going 90 mph in a 70 mph zone. Upon approaching the vehicle, the State Trooper noticed what he believed to be marijuana residue in the driver's seat along with an odor of marijuana. The officer conducted the Horizontal Gaze Nystagmus test on client, but failed to conduct any more sobriety tests, including the walk and turn and one-leg stand. Client refused a blood test. After a preliminary hearing, the judge ruled there was insufficient evidence to establish probable cause for a DUI arrest and dismissed the DUI and Implied Consent charge. Client was able to retain his license and keep the DUI off of his record.

STATE OF TENNESSEE V. T.F., DAVIDSON COUNTY, TN

Client caused an injury accident at a busy intersection in Nashville. Due to injuries to all involved, an ambulance was called to the scene, and client was transported to the emergency room where her blood was drawn. Her blood alcohol level was .20 percent, over twice the legal limit. Through negotiations with the Assistant District Attorney, Mr. Caldwell was able to get the DUI charge reduced to a Reckless Driving, and she was able to keep her driver's license. Client had to complete a 12 hour alcohol safety school and pay a $250.00 fine.

STATE OF TENNESSEE V. E.G., DAVIDSON COUNTY, TN

Client was found asleep behind the wheel in front of his girlfriend's house. Based on an anonymous call, Metro Police arrived at the scene and began a D.U.I. investigation. After running client's criminal history, they found two prior D.U.I. convictions and charged him with Third Offense D.U.I. Because of client's prior D.U.I. convictions, the police forced him to submit to a blood test. After pointing out that the mandatory blood draw constituted an illegal search by the police, the Assistant District Attorney agreed to reduce the charge to a D.U.I. First Offense with the statutory minimum punishment, which enabled client to avoid 118 days in jail.

STATE OF TENNESSEE V. L.T., DAVIDSON COUNTY, TN

Client was on her way home from a bar when she realized she had too much to drink. Doing the right thing, she pulled her vehicle into a parking lot and went to sleep. Moments later, the police knocked on her window and asked her to exit her vehicle. Client refused the Standardized Field Sobriety tasks, but agreed to submit to the breathalyzer test. Client registered a .16, which was twice the legal limit. After negotiations with the Assistant District Attorney, the State agreed to amend her charge to a Reckless Endangerment, which allowed her to keep her driver's license, avoid a DUI on her record, and remain eligible to have the charge expunged from her record.

STATE OF TENNESSEE V. T.O., DAVIDSON COUNTY, TN

Client pulled over for speeding on West End Avenue. After performing the field sobriety tasks, she was arrested for Driving Under the Influence. According to the video, the client performed very well on the sobriety tasks even though she blew a .13 on the breathalyzer machine. However, after reviewing her medical history, Mr. Caldwell was able to show that her asthma condition skewed the results of the test. Specifically, albuterol, which was an active ingredient in her inhaler, contained a methyl group which can trigger a false positive reading on the breathalyzer machine. The police officer should have had her submit to a blood test, but neglected to do so. Result: Case amended to Reckless Driving. Client was able to keep her drivers license and avoid jail time.

STATE OF TENNESSEE V. J.S., DAVIDSON COUNTY, TN

DUI case thrown out. Client was driving home and stopped by the airport police for "swerving" and "driving recklessly." After performing poorly on the field sobriety tasks, the client took the breath test and registered a .295, almost four times the legal limit. After viewing the video, Mr. Caldwell filed a motion to suppress the evidence because even though the client was swerving within his own lane of travel, he never crossed the median or into other lanes. Citing several recent Tennessee cases, Mr. Caldwell argued that the entire stop should be thrown out. After considering the facts, the trial court granted the motion and the case was dismissed and expunged from his record.

STATE OF TENNESSEE, V. A.S., DAVIDSON COUNTY, TN

DUI reduced to Reckless Driving. No jail time. Client, a young professional who absolutely could NOT have a DUI on her record because she would lose her job, was at a local bar for several hours and drank at least eight beers. Client was able to keep her job and avoid jail time.

STATE OF TENNESSEE V. J.P., DAVIDSON COUNTY, TN

Client pulled over for a traffic violation. Client allegedly had slurred speech, dry mouth, and an obvious odor of alcohol coming from his person. Client performed poorly on the Standardized Field Sobriety tests and later blew a .15 on the breathalyzer machine, almost twice the legal limit. However, after reviewing client’s medical history, it was brought to the prosecutor’s attention by our office that he suffered from a gastro-intestinal disease which corrupted the result of the breath test. Result: DUI reduced to Reckless Driving. Client kept his drivers license and avoided having a DUI conviction on his record, which would have cost him his job.

STATE OF TENNESSEE V. J.M., RUTHERFORD COUNTY, TN

Client had two pending DUIs in two separate counties. Due to the fact that he had a newborn son and a family to support, he could NOT plead to a DUI since he would lose his license and his job even though he had blown a .13 on the breathalyzer machine at the time of his arrest. Case resulted in the DUI being amended to Reckless Endangerment. Client kept his job, family, and his license.

STATE OF TENNESSEE V. D.C., DAVIDSON COUNTY, TN

Client had been at a bar for a few hours and walked outside, sat in her car, and called a friend to pick her up due to her intoxication. Meanwhile, the police showed up and arrested her for DUI because, even though she was only sitting in her car, she was allegedly in “physical control” of the vehicle. After extensive negotiations, the prosecutor agreed to dismiss the DUI charge.

STATE OF TENNESSEE V. R.W., DAVIDSON COUNTY, TN

Client was charged with DUI after having been stopped for speeding while coming home from a bar in downtown Nashville. Client refused to take a breath test because, as he told the police, “I have had too much to drink and will probably fail the test.” After a trial, client was found NOT GUILTY and had his DUI arrest expunged from his record.

STATE OF TENNESSEE V. B.K., DAVIDSON COUNTY, TN

After a three day jury trial, client was found NOT GUILTY of stealing $30,000 from a real estate partnership in which he was a partner. This felony charge was expunged from his record.

STATE OF TENNESSEE V. K.B., DAVIDSON COUNTY, TN

After the State’s proof at a jury trial, the State agreed to significantly reduce client’s charge due to the fact that the State’s witnesses, after thorough cross-examination, could not establish client’s guilt.

STATE OF TENNESSEE V. M.W., DAVIDSON COUNTY, TN

Jury trial. Client charged with assaulting a police officer after a routine stop. Result: HUNG JURY. Client was later able to plead to a reduced charge of disorderly conduct and was placed on unsupervised probation with no jail time.

STATE OF TENNESSEE V. M.B., DAVIDSON COUNTY, TN

Trial. Client accused of threatening his girlfriend with a buck knife in a motel room, which was a felony charge. After thorough cross-examination of the State’s witnesses, the client was found NOT GUILTY.

STATE OF TENNESSEE V. M.P., DAVIDSON COUNTY, TN

Client had two pending DUI charges which occurred on separate dates but involving the same arresting officer! After extensive discussions with the prosecutor, a deal was worked out and client was able to plead to two reckless driving charges rather than two DUIs due to the fact that it was established that the police officer handling client’s cases was inappropriately targeting client for arrest.

STATE OF TENNESSEE V. D.W., DAVIDSON COUNTY, TN

Client from out of town was drinking at a bar in downtown Nashville. After several beers, client got in his car and drove back to his hotel. Police stopped client for a traffic violation. Client submitted to a breath sample and blew a .10. Case reduced to Reckless Driving with no jail time.

STATE OF TENNESSEEE V. T.H., DAVIDSON COUNTY, TN

Client involved in a single car crash in which he hit a light pole. After failing all three sobriety tests, he was arrested for DUI. After extensive negotiations with the prosecutor, client’s case was reduced to Reckless Driving.

STATE OF TENNESSEE V. M.L., DAVIDSON COUNTY, TN

Client passed out behind the steering wheel while waiting at a red light. Client showed indicators of impairment on all three field sobriety tasks. Client had already had a DUI reduced to a Reckless Driving in another county. Result: Case reduced to Reckless Driving due to the fact that the field sobriety tasks were deemed inadmissible due to client’s body mass index.

STATE OF TENNESSEE V. T.O., DAVIDSON COUNTY, TN

Client arrested for DUI and charged with DUI Fourth Offense, a Felony. After discussions with the prosecutor, client’s case was reduced to a misdemeanor DUI charge, allowing client to avoid having a felony conviction on his record for the rest of his life and allowing him to keep his job and his right to vote.

STATE OF TENNESSEE V. M.U., DAVIDSON COUNTY, TN

Client stopped for speeding and was arrested for DUI. Client vomited in front of the police officer and told him, “I am so drunk!” Result: DUI reduced to Reckless Endangerment. Client kept a DUI off his record and retained his job.

DISCLAIMER: The cases above have their own unique fact patterns. They have their own unique sets of facts and circumstances. The above-referenced cases are results obtained for each particular case at a particular time. They do NOT serve as a guarantee of the same or similar results in your case.

Contact the Law Office of Ryan C. Caldwell
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3200 West End Avenue, Suite 500
Nashville, TN 37203

Email: lawyercaldwell@yahoo.com