implied consent violation (Tennessee) · Go Syfert
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implied consent violation in Tennessee

11 Tennessee opinions name it 2 courts 1996–2026 1 in the last five years

The cases below were cited by Tennessee courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (11)

CaseFollowedCited
State v. Taylorgreen
tenn · 2002 · cited in 2 Tennessee opinions naming this issue, 2008–2011
2 sentences

2011Moreover, the court noted that “Tennessee Courts have routinely affirmed judgments entered pursuant to a jury’s finding of an implied consent violation.” Id. at *10 (citing State v. Taylor, 70 S.W.3d 717, 721 (Tenn. 2002); State v. Thomas Lee Phillips, No. E2004-00760-CCA-R3-CD, 2005 Tenn. Crim.

2008See, e.g., State v. Taylor, 70 S.W.3d 717, 721 (Tenn. 2002); State v. Thomas Lee Phillips, No. E2004-00760-CCA-R3-CD, 2005 WL 1827838 , *5 (Tenn. Crim.

22
State of Tennessee v. Antonio Freemangreen
tennctapp · 2012 · cited in 2 Tennessee opinions naming this issue, 2018–2026
2 sentences

2026Cf. State v. Freeman, 402 S.W.3d 643, 653 (Tenn. Ct. App. 2012) (holding that “reasonable grounds” or probable cause is “not an element of the offense” of violation of the implied consent law) (quoting State v. Prater, No. M2009-00527-CCA-R3-CD, 2010 WL 4674288 , at *4 (Tenn. Crim.

2018A case involving only an implied consent violation is, therefore, “in the nature of a civil action[.]” Freeman, 402 S.W.3d at 648 .

12
State v. Bakergreen
tenncrimapp · 1997 · cited in 1 Tennessee opinions naming this issue, 2026–2026
1 sentence

2026State v. Baker, 966 S.W.2d 429, 432 (Tenn. Crim.

11
State v. Turnergreen
tenn · 1995 · cited in 1 Tennessee opinions naming this issue, 2026–2026
1 sentence

2026The violation of the implied consent law “does not constitute a criminal offense,” and the revocation of the driver’s license as a result of the violation “confers only an administrative penalty.” State v. Collins, 166 S.W.3d 721, 727 (Tenn. 2005) (citing State v. Turner, 913 S.W.2d 158, 163 (Tenn. 1995)); see also Tenn. Code Ann. § 55-10-407 (a) (2019) (providing that if the court finds that the driver violated the implied consent statute, “the driver is not considered as having committed a criminal offense”); State v. Pinchak, 277 S.W.3d 912, 916 (Tenn. Crim.

11
State v. Pinchakgreen
tenncrimapp · 2005 · cited in 1 Tennessee opinions naming this issue, 2026–2026
1 sentence

2026The violation of the implied consent law “does not constitute a criminal offense,” and the revocation of the driver’s license as a result of the violation “confers only an administrative penalty.” State v. Collins, 166 S.W.3d 721, 727 (Tenn. 2005) (citing State v. Turner, 913 S.W.2d 158, 163 (Tenn. 1995)); see also Tenn. Code Ann. § 55-10-407 (a) (2019) (providing that if the court finds that the driver violated the implied consent statute, “the driver is not considered as having committed a criminal offense”); State v. Pinchak, 277 S.W.3d 912, 916 (Tenn. Crim.

11
State v. Collinsgreen
tenn · 2005 · cited in 1 Tennessee opinions naming this issue, 2026–2026
1 sentence

2026The violation of the implied consent law “does not constitute a criminal offense,” and the revocation of the driver’s license as a result of the violation “confers only an administrative penalty.” State v. Collins, 166 S.W.3d 721, 727 (Tenn. 2005) (citing State v. Turner, 913 S.W.2d 158, 163 (Tenn. 1995)); see also Tenn. Code Ann. § 55-10-407 (a) (2019) (providing that if the court finds that the driver violated the implied consent statute, “the driver is not considered as having committed a criminal offense”); State v. Pinchak, 277 S.W.3d 912, 916 (Tenn. Crim.

11
State v. Gilleygreen
tenncrimapp · 2008 · cited in 1 Tennessee opinions naming this issue, 2015–2015
1 sentence

2015See Gilley, 297 S.W.3d at 763 .

11
Clayton Dean Reeder v. Stategreen
texapp · 2014 · cited in 1 Tennessee opinions naming this issue, 2014–2014
1 sentence

2014See, e.g., Clayton Dean Reeder v. -6- State, -- S.W.3d --, No. 06-13-00126-CR, 2014 WL 1862669, at *4 (Tex. App. Apr. 29, 2014) (holding that motion to suppress blood sample should have been granted and reversing and remanding for a new trial).

11
State v. Richardsongreen
tenncrimapp · 1993 · cited in 1 Tennessee opinions naming this issue, 2012–2012
1 sentence

2012See id., slip op. at 2.

11
State v. Odomgreen
tenn · 1996 · cited in 1 Tennessee opinions naming this issue, 2004–2004
1 sentence

2004The trial court’s findings of fact “will be upheld unless the evidence preponderates otherwise.” State v. Odom, 928 S.W.2d 18, 23 (Tenn.1996).

11
State v. Kaingreen
tenncrimapp · 2000 · cited in 1 Tennessee opinions naming this issue, 2004–2004
1 sentence

2004State v. Kain, 24 S.W.3d 816, 819 (Tenn. Crim.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Russell v. Hackett green
tenn · 1950
2 sentences

1998Id.

1996Id.

21996–1998
McGarity v. Jerrolds green
tenn · 2013
1 sentence

2018“The failure to cite authority to support an argument on appeal constitutes a waiver of the issue.” McGarity v. Jerrolds, 429 S.W.3d 562 , 566 n.1 (Tenn. Ct. App. 2013).

12018–2018

Statutes the citing opinions construe

TN § Tenn. Code Ann. § 55-10-406 (7) TN § Tenn. Code Ann. § 55-10-401 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

GA 126 (1979–2025) PA 95 (1990–2026) IL 74 (1974–2015) WA 54 (1974–2019) MO 50 (1992–2023) MN 46 (1984–2025) FL 21 (1970–2025) TX 20 (1970–2015) WI 14 (1995–2026) OR 13 (1989–2026) SC 12 (1995–2020) TN 11 (1996–2026) OH 10 (1973–2018) IA 10 (2005–2024) SD 9 (1978–2002) CA 9 (1955–2022) AZ 8 (1989–1998) AR 7 (1993–2021) ID 7 (2014–2020) VA 7 (1990–2017) HI 6 (1986–2021) ND 4 (2019–2023) KY 4 (1975–2025) OK 4 (2013–2016) WV 4 (1995–2022) WY 4 (1988–2007) MD 4 (1992–2021) AK 3 (1981–2001) NC 3 (1992–2010) IN 3 (1986–2009) KS 3 (2006–2020) CT 2 (1992–1996) ME 2 (2018–2018) NE 2 (1992–1998) MA 2 (1988–2004) VI 2 (2007–2025)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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