Jon A. Engle was convicted of DUI and sentenced to nearly a year in jail, with ten days to be served. He was fined $1,500 and ordered to pay costs. On appeal, Engle contended that the officers lacked reasonable suspicion for stopping his vehicle. However, he failed to file a motion to suppress the stop or a motion for a new trial, resulting in the waiver of his argument. The court affirmed the trial court's judgment.
During the trial, Officer Jason Crouse testified that he stopped Engle's gray Mustang after receiving multiple reports of swerving. Upon stopping the vehicle, Crouse observed Engle had bloodshot eyes, slurred speech, and a strong odor of alcohol. Engle failed three out of four field sobriety tests and registered a .18 on a breathalyzer. Officer Ricky Hardy corroborated these observations, while corrections officer Bobbie Rushing noted Engle's uncooperative behavior during booking.
Engle testified that he had been watching a basketball game and only consumed a Long Island tea several hours prior. He claimed he had also taken a mouthful of Listerine just before being stopped, attributing his intoxication level to this mouthwash rather than alcohol. He argued that the officers did not properly explain the sobriety tests, and he felt nervous and distracted. Ultimately, the court found that the lack of pretrial motions regarding the legality of the stop meant that his argument on appeal could not be considered.
The claim in question is waived due to the defendant's failure to file a motion to suppress evidence before the trial, as mandated by Tennessee Rule of Criminal Procedure 12(b)(3). This rule requires that motions concerning constitutional rights, which could lead to evidence suppression, be raised prior to trial. The court referenced multiple cases (State v. Coulter, State v. Goss, State v. Bell, State v. Burton) to support this requirement. Additionally, issues regarding the legality of a search raised for the first time on appeal are also considered waived, as established in State v. Clark. The defendant argued that his vehicle stop was an unreasonable seizure under the Fourth Amendment and the Tennessee Constitution, but since he did not file the necessary motion before trial, this issue cannot be considered. Furthermore, the issue wasn't included in a motion for a new trial, violating Tennessee Rule of Appellate Procedure 3(e), which states that issues related to trial errors must be specifically stated in a motion for a new trial to be preserved for review. Consequently, the trial court's judgment is affirmed.
