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STATE v. NIDIFFER

173 S.W.3d 62 (2005)

STATE of Tennessee v. Carl Ray NIDIFFER.

Court of Criminal Appeals of Tennessee, at Knoxville.

November 10, 2004.

Application for Permission to Appeal Denied March 7, 2005.

Attorney(s) appearing for the Case

Paul G. Summers, Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; Joe C. Crumley, Jr., District Attorney General; and Robert H. Montgomery, Jr., Assistant District Attorney General, for the appellant, State of Tennessee.

William J. Byrd, Elizabethton, Tennessee, for the appellee, Carl Ray Nidiffer.

Application for Permission to Appeal Denied by Supreme Court March 7, 2005.

OPINION

JOSEPH M. TIPTON, J., delivered the opinion of the court, in which DAVID H. WELLES and JOHN EVERETT WILLIAMS, JJ., joined.

The Carter County Criminal Court ruled that the state could not suspend the defendant's driver's license for one year pursuant to T.C.A. § 55-10-406(a)(3), the implied consent law, because it found he was not under arrest when he refused...

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