State of Tennessee v. Michael R. King

The defendant, Michael R. King, was indicted by the Dickson County Circuit Court Grand Jury on two counts of driving under the influence of an intoxicant (DUI), second offense. See T.C.A. §§ 55-10-401, -403(a)(1) (2004). He moved to suppress the results of his blood alcohol test. Following the circuit court’s denial of the motion, a plea agreement resulted in a nolle presequi of count one (DUI), a guilty plea to count two (DUI per se, see id. § 55-10-401(a)(2)), and the reservation of a certified question of law: “Whether the trial court erred following a suppression hearing held on July 10, 2006, that the results of the Defendant’s blood alcohol test may be admitted into evidence?” Because the certified question was not properly reserved for review, we  dismiss the appeal.