State of Tennessee v. Vicki Hogan

A Shelby County Criminal Court jury convicted the appellant, Vicki Hogan, of driving under the influence (DUI) and DUI per se. The trial court merged the convictions and sentenced the appellant to eleven months, twenty-nine days to be served as ten days in jail and the remainder on probation. On appeal, the appellant contends that both of her convictions should be reversed because the trial court improperly allowed the State to introduce into evidence the result of her breathalyzer test, which the Memphis Police Department administered more than three hours after her arrest, in direct contravention to the plain language of Tennessee Code Annotated section upon the record and the parties’ briefs, we conclude that the appellant’s DUI per se conviction should be reversed. However, the appellant has waived her claim regarding the DUI conviction because she failed to comply with Rule 24(c), Tennessee Rules of Appellate Procedure, which requires that an appellant’s statement of the evidence convey a “complete account of what transpired with respect to those issues that are the bases of appeal.”