Who's taking DUI cases to trial? Do they win?

The truth is - hardly anybody is taking cases to trial in Nashville. Of the 2254 cases bound over in the past 4 years, it appears that only 60 have gone to trial. We recently reviewed the files for 54 of these cases. It appears that two we have not reviewed were trials where the defendant was found not guilty, and the lawyer had the file expunged. Below, you will find information concerning DUI cases which went to trial and the lawyers who defended them.

CAVEAT: The following information was calculated after receiving data directly from the clerk's office. Every effort was made to insure that this information is accurate and complete. We realize it is not perfect. The case files were pulled, and a short summary was prepared for inclusion in the site. We welcome comments and will gladly make corrections whenever appropriate. We strive to make this a complete, honest representation of what is happening in Nashville DUI cases.

2000-T-515 Defendant in this case was found not guilty of DUI and guilty of implied consent. After the sentencing hearing, a member of the district attorney’s office saw the defendant driving himself home from court. This was reported to the judge, and he held the defendant in contempt of court for violating the court’s order that he not drive. He received a 10-day sentence, which he served after losing his appeal. He went to court 10 times.

2001-T-104 Mr. Fox represented both the driver and owner of an automobile stopped by Officer Steve Beck. The driver took the breath test and registered .17%. After a bench trial, the driver was found guilty and the owner was found not guilty. The driver served four days. They attended court 8 times.

2001-T-253 The defendant was arrested on 9/20/00, went to trial and lost. On 1/24/02, he was sentenced to 45 days in jail. After losing his appeal, he was to report to serve his sentence on 1/14/04. He attended court 17 times.

2002-T-264 The defendant was charged with DUI and blew .15%. The jury found defendant not guilty of DUI, but guilty of DUI per se. The defendant received a ten-day sentence and a $500 fine.

2002-T-384 The defendant was stopped for going 52 m.p.h. in a 35 m.p.h. zone. The defendant took the breath test and blew .15%. The jury found defendant guilty on both DUI and DUI per se. The defendant received 48 hours in jail and a $350 fine.

2003-T-5 The defendant was stopped for going 85m.p.h. in a 55 m.p.h. zone. The defendant refused the breath test and was found not guilty of DUI by a jury. The judge however found him guilty of implied consent. This case is currently under appeal. They made 9 court appearances in this case.

2002-T-324 The defendant was found sleeping in his automobile while it was running and parked in a Vanderbilt University parking lot. He was found guilty of DUI 2nd and sentenced to 45 days in jail. His case was appealed and upheld by the appeals court.

Scott Collins

2000-T-401 The defendant was arrested for driving a backhoe while intoxicated. He refused to take the breath test. He was found not guilty of both counts. They went to court 11 times.

2002-T-195 The defendant was charged with DUI 3rd. He was found guilty after a jury trial and sentenced to serve 140 days in jail. They attended court only 5 times in this case.

Ed Fowlkes

2000-T-207 After a bench trial, the judge found the defendant not guilty of DUI third offense. He was found guilty of driving on a revoked license and of implied consent. He received a six-month sentence, which was suspended after he served 10 days. He lost his license for a year.

2002-T-2 The defendant was charged with DUI and DUI per se. He took the breath test, and blew .13%. After trial, the jury was unable to reach a verdict, and a mistrial was declared. Later, the defendant pled guilty to reckless driving. He received 48 hours in jail and a $350 fine.

Ed Gross

2002-T-486 The defendant was found guilty of DUI after a bench trial. After trial he chose to do 200 hours of public service work rather than the jail time. He attended 9 court appearances.

James Vance

2002-T-475 The defendant was found guilty of DUI after a bench trial. He received 7 days in jail, because he registered .22% on the breath test.

David Brandon

2002-T-158 The defendant was found guilty of DUI after a jury trial. The defendant received a sentence of 30 days, 20 to run consecutive and 10 on the weekends. He was also found guilty of implied consent. He attended court seven times.

2001-T-450 The defendant was found guilty of DUI after a Bench Trial. He received seven days. He took a breath test and blew .229. He attended court 12 times. The conviction was appealed and upheld by the appeals court.

98-T-1162 The defendant was found guilty of DUI and DUI per se after a jury trial. He submitted to a breath test and registered .14. He was sentenced to 10 days in jail. This case was appealed and upheld by the appeals court.

Brent Horst

2002-T-50 The defendant was found guilty of DUI 5th offense after a jury trial. He received a sentence of two years and was ordered to serve 200 days, day for day. His case was appealed, and the appeals court affirmed the conviction.

99-T-391 The defendant was found guilty of DUI, but not guilty of evading after a jury trial. He received 10 days in jail.

2000-T-562 The defendant submitted to a breath test and registered .161. His case was tried by a Judge and he was found not guilty of DUI, but guilty of DUI per se. He received a sentence of 4 days.

Tommy Overton

2002-T-348 The defendant was charged with DUI 5th and implied consent. After a jury trial, he was found guilty and sentenced to 21 months at 30%. This case is currently under appeal.

J. Furmer

2003-T-182 The defendant was charged with DUI after having an accident and registering .20% on a blood test. He was found guilty after a jury trial and received a sentence of 7 days. He attended court 9 times.

Gregory Clayton

2003-T-138 The defendant received a sentence of 120 days after being found guilty of DUI 1st and evading arrest. He refused the breath test. The sentence was reduced by the court to 60 days due to attorney negligence. He attended court 12 times.

2001-T-240 The defendant was found not guilty of DUI 2nd offense. He was found guilty of implied consent and driving on revoked drivers license. He received a sentence of 14 days.

George Thompson

2000-T-668 The defendant was charged with DUI and implied consent. The officer claimed the defendant was too intoxicated to comply with the test. He was found guilty of DUI first and received the minimum sentence at the sentencing hearing with an agreement that he could not appeal.

Laura Goetz, Public Defender

2001-T-77 The defendant was found not guilty of DUI and child endangerment in a jury trial, but guilty of implied consent. He went to court 12 times

Dennis Tomlin

2003-D-2801 A jury found the defendant not guilty of DUI and guilty of Implied Consent for refusing to submit to a breath test. He lost his license for a year.

2001-T-128 The computer shows this case as being dismissed after a jury trial. The file appears to show a plea of DUI per se. It shows he did 48 fours and blew .17%.

David Gold

2002-T-288 The defendant was found guilty of DUI first after a jury trial. He refused the breath test. He was sentenced to serve twenty days in jail. This case was appealed and upheld by the appeals court.

2002-T-345 The defendant was involved in a one car accident. When police arrived he told them that he was on drugs but couldn't remember what kind. He submitted to a blood test which came back positive for marijuana. He was sentenced to fifteen days.

The following was recieved via e'mail from Mr. Gold:

Hey Tommy:

Great site. Just want you to update my info please:

I took my client to trial in 2002. Case No. 2001-T-457. He was charged with DUI Second Offense and DUI per se. After deliberating for about 4 hours, I settled the case with the D.A. on a DUI first offense and he was sentenced to 4 days in jail. After speaking to the jurors, they were hung on the DUI and were unanimous to convict on the DUI per se.

I also took DUI Case no. 2003-T-272, to trial in 2004 and resulted in a hung jury. The Court declared a mistrial and the case is set to be retried in September.

On Case no. 2002-T-345, my client was involved in a two car accident. He told officer Messmer that he had been taking drugs, but could not remember what kind. Prior to the trial, the State offered my client either a DWI or a Reckless Driving conviction, but he refused either and insisted on going to trial against his my advice.
Please make these changes to your website.

I hope that people see the advantages of getting an attorney.

Thanks,
David A.Gold

LARRY HOOVER

2002-T-219 The defendant was found guilty of DUI after a jury trial. He was sentenced to twenty days in jail. He refused the breath test. This case was appealed and upheld by the appeals court.

Ed Ryan

2000-T-164 The defendant was found guilty of DUI and driving on a suspended license after a jury trial. He refused to take the breath test. He was sentenced to 30 days in jail and a $50 fine. This case was appealed and upheld.

Hollis Moore, Public Defender

99-T-188 After receiving a complaint from a restaurant, the police arrived and told the defendant to get a ride home. After sitting in his car for 10 minutes he drove off squealing his tires. He refused the breath test was found guilty after a jury trial and received 25 days in jail.

99-T-699 The defendant was found not guilty of DUI, not guilty of Reckless Driving and not guilty of Resisting Arrest after a jury trial. He was found guilty of evading, a felony and received an 18 month sentence which was suspended with community corrections probation.

2000-T-162 The defendant was found sleeping in his car with an open bottle of Segrams near his hand. He refused to submit to a breath test. He received a sentence of 127 days. This case was appealed and upheld by the appeals court.

5N-17112 The defendant was stopped for violating the noise ordinance. He admitted to drinking and refused to take the breath test. The jury found him not guilty of DUI. He was found guilty of driving on a revoked driver's license. He received a sentence of 30 days at 70%.

2001-T-99 A cold wet empty quart bottle of Milwaukee's Best was found between the drivers seat of the defendant's automobile. He refused the breath test. He had a DUI offenders drivers license. He was found guilty of DUI 3rd offense and received a sentence of 165 days.

2001-T-282 The defendant was involved in an accident while traveling 5 to 10 mph. He ran into a ditch. He submitted to a blood test and registered .37. He was convicted of DUI 6th offense and received a sentence of 150 days.

Jay Steed/Hollis Moore, Public Defenders

2000-T-537 The defendant was found not guilty of DWI after a jury trial. He took the breath test and registered .08%.

Allen Barnes

99-T-702 The defendant was stopped for speeding. He refused to submit to a breath test. He was found guilty of DUI 2nd and received a sentence of 60 days.

Michael Flanigan

2002-T-401 The defendant pulled out into traffic at a red light in front of the police officer. He submitted to a breath test and registered .27. He admitted to drinking 2 beers. He was found guilty after a jury trial and sentenced to 27 days and a $1500 fine.

Marty Kooperman

2002-T-400 This case involved two defendants. The driver and the owner of an automobile stopped for traveling 95 mph in a 50 mph zone. The owner's case was dismissed. The driver was found guilty. He refused the breath test, but admitted to drinking 6 beers.

David Hornik

99-T-938 The defendant was involved in a one vehicle accident. He refused to submit to a breath test. He smelled of alcohol and had urinated on himself. He was found guilty by a jury. He received 10 days in jail.

Rob Martin

2000-T-28 The defendant admitted to drinking all day long after fleeing from a hit and run accident. He submitted to a breath test hours after the accident. He was found not guilty of DUI but guilty of DUI per se after a jury trial. He received 45 days in jail.

Jack Butler

2000-T-33 The defendant was charged with DUI after being stopped for speeding. He was found guilty of DUI and implied consent after a Bench Trial. He was sentenced to 20 days in jail and a $750 fine.

2000-T-500 The defendant was found guilty of DUI after a bench trial. He submitted to a breath test and registered .213. It appears that this case may have been settled during the trial. The defendant only received a 5 day sentence.

2001-T-137 The defendant was clocked going 51 in a 30, ran a red light after blue lights were activated, ran over a curb, through a grassy area and into a parking lot. He took a breath test and registered .13%. He was found guilty and received 7 days. The judge determined that a prior DUI conviction was not properly documented and the defendant was only found guilty of DUI 1st saving him at least 38 more days in jail.

2001-T-48 The defendant was found not guilty of DUI 3rd after a bench trial. He was found guilty of driving on a revoked driver’s license and implied consent. He received a sentence of 10 days, day for day, and 10 days on weekends. He attended court 10 times.

Jay Norman

2002-T-483 The defendant was stopped for driving with no headlights and making an illegal U-turn. He submitted to a breath test and registered .128. He was found guilty after a jury trial and received a sentence of 10 days.

Lee Martin

2003-T-21 It was not disputed that the defendant blew .28 in this case. According to the warrant two witnesses saw the defendant exit his automobile after he got it stuck on a parking lot divider. The officer never saw him driving. He was apprehended walking down the street carrying a bottle of vodka. The jury found him guilty of DUI. He received a sentence of 9 months to serve.

Fletcher Long

2001-T-84 The defendant was found guilty of DUI after a Jury trial. He refused the breath test. He was sentenced to 10 days in jail.

Steve North

The defendant was stopped for weaving. He took a breath test and registered .16. He was found guilty of DUI and received a sentence of 12 days.

Stephen Powers

2001-T-187 The defendant was stopped for having a headlight out. He said that he had consumed a 24 ounce Icehouse. He submitted to a breath test and registered .13. He was convicted of DUI 8th offense and Driving on revoked license 6th offense. He received 150 days in jail.

Judson Phillips/Bill Lane

The defendant was found guilty of DUI and DUI per se after being involved in a wreck. He submitted to a breath test and blew .14. He received the minimum sentence of 48 hours but was ordered to attend 52 weeks of outpatient drug treatment.