TENNESSEE SUPREME COURT REVERSES BREATH TEST FEE RULING

The Tennessee Supreme Court has reversed a ruling that said it was unconstitutional for the state to require people found guilty of DUI to pay a fee if a blood or breath test was used to convict.

The opinion by Justice Cornelia A. Clark rejected the defendants’ due process challenge and disagreed with the Court of Criminal Appeals, which ruled in the defendants’ favor in February. That ruling found that the $250 fee violated due process and called into question the trustworthiness of test results obtained by the bureau’s forensic scientists.

Clark’s opinion said the General Assembly could have found a better way to provide funding for the testing operations and pointed out that was done in May. But she said the court concluded that the statute didn’t deprive the defendant of due process.

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