Legal Opinion

State v. Crain

Court of Criminal Appeals of Tennessee

Decided February 25, 1998No. 03C01-9604-CC-00149PublishedCited by 5 opinions

1Opinion of the Court

OPINION

SMITH, Judge.

Defendant, Benjamin D. Crain, pled guilty to driving while impaired and reserved for appellate purposes the issue of whether the driving while impaired statute is unconstitutional. We find the statute to be constitutional.

PROCEDURAL HISTORY

Defendant, age 19, was involved in an automobile accident. Upon being taken to a hospital for a blood analysis, he registered .08% blood alcohol content.

After being indicted for the offense of driving while impaired pursuant to Tenn.Code Ann. § 55-10-415, defendant moved to dismiss the indictment alleging the unconstitutionality of the…

2Cases cited13 opinions

  1. City of Cleburne v. Cleburne Living Center, Inc.Supreme Court of the United States · 1985
  2. Plyler v. DoeSupreme Court of the United States · 1982
  3. Massachusetts Board of Retirement v. MurgiaSupreme Court of the United States · 1976
  4. F. S. Royster Guano Co. v. VirginiaSupreme Court of the United States · 1920
  5. Riggs v. BursonTennessee Supreme Court · 1997

8 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Barnett v. StateSupreme Court of Georgia · 1999
  2. Mason v. StateMississippi Supreme Court · 2000
  3. Jolly v. StateCourt of Criminal Appeals of Alabama · 2002
  4. Michael Dale Mason v. State of MississippiMississippi Supreme Court · 1999
  5. State of Tennessee v. Jaroz Dantae ThomasCourt of Criminal Appeals of Tennessee · 2010

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