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Judge dismisses UT player's charges for lack of probable cause

University of Tennessee football fans might recall that Charles Mosley, an offensive lineman, was arrested in July 2015 on suspicion of DUI and speeding. Recently, a preliminary hearing was held to determine whether there was enough evidence to send the case to a grand jury. The judge ruled that prosecutors failed to meet the minimum threshold for proof of the charges due to a lack of probable cause for the arrest.

Reports indicate that at approximately 1:51 a.m. on July 22, 2015, a Tennessee Highway Patrol officer stopped a vehicle on Interstate 40 for speeding. The trooper claimed that the vehicle was traveling well above the posted speed limit of 55 mph. When he approached the vehicle, it was determined that Mosley was driving.

The officer claimed to have smelled marijuana emanating from the vehicle. He then performed field sobriety tests, which he claims Mosley failed. The UT football player was then placed under arrest for speeding and driving under the influence. Mosley cooperated with officials and submitted to a blood test. The player had told officials that he had been with friends who were smoking marijuana, but that he had not participated in that activity.

When a law enforcement officer stops an individual, that officer has to be able to substantiate the stop and any other actions that follow, such as the performance of field sobriety tests and an arrest. As was seen in this case, a lack of probable cause can mean the complete dismissal of any charges filed against a driver. This is just one reason that it is imperative to enlist the assistance of criminal defense counsel as soon after an arrest as possible.

Source: knoxnews.com, "DUI, speeding charges against Charles Mosley dismissed", Dustin Dopirak, April 28, 2016

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