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STATE v. GESELBRACHT

No. E2009-00290-CCA-R3-CD.

310 S.W.3d 402 (2009)

STATE of Tennessee v. Kim GESELBRACHT.

Court of Criminal Appeals of Tennessee, at Knoxville.

September 24, 2009.

Application for Permission to Appeal Denied by Supreme Court March 15, 2010.

Attorney(s) appearing for the Case

Robert E. Cooper, Jr., Attorney General and Reporter; Leslie E. Price, Assistant Attorney General; J. Michael Taylor, District Attorney General; and James W. Pope, III, Assistant District Attorney General, for the appellant, State of Tennessee.

Carol Ann Barron, Dayton, Tennessee, for the appellee, Kim Geselbracht.

OPINION

JAMES CURWOOD WITT, JR., J., delivered the opinion of the court, in which JOSEPH M. TIPTON, P.J., and D. KELLY THOMAS, JR., J., joined.

On January 22, 2009, the Rhea County Criminal Court dismissed two counts of driving under the influence ("DUI") against the defendant, Kim Geselbracht. The trial court determined that a law enforcement officer's ignoring the defendant's repeated requests for an independent blood test for blood alcohol content ("BAC...

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