State v. Bowery

OPINION

GARY R. WADE, P.J., delivered the

opinion of the court,

in which JOSEPH M. TIPTON and JAMES CURWOOD WITT, JR., JJ., joined.

The defendant, Richard E. Bowery, entered a plea of guilty to one count of driving a commercial vehicle while under the influence of alcohol, see Tenn.Code Ann. § 55-50-408, reserving the right to appeal the trial court’s denial of his motion to suppress the results of the breathalyser test pursuant to Tennessee Rule of Criminal Procedure 37(b)(2)(i). The judgment of the trial court is affirmed.

At approximately 2:00 a.m. on December 9, 2002, Officer Lee Cutshall of…