State of Tennessee v. Donald Lee Reid

A Davidson County jury found Donald Lee Reid guilty of driving under the influence, first offense. The trial court imposed a sentence of 11 months and 29 days, suspended after service of 15 days confinement, and a fine of $500.00. Reid challenges his conviction, his sentence, and his fine. He raises the following issues on appeal: (1) whether the trial court erred in not conducting a jury-out hearing on the defendant's motion in limine regarding the admissibility of the defendant's BAC test results; (2) whether the trial court erred in allowing the results of the BAC test into evidence; (3) whether the trial court erred in refusing to instruct the jury on driving while impaired as a lesser-included offense of driving under the influence; (4) whether the defendant's sentence is excessive; and (5) whether the trial court unconstitutionally imposed a fine of $500.00 since the defendant did not waive his right for the jury to assess the fine. After a careful review of the record, we remand for a jury to assess the fine but affirm in all other respects.