Venue may be tricky in Goodlettsville,TN. DUI cases. Goodlettsville is one of the few cities that I know of that is located in two counties. Goodlettsville Police Department has jurisdiction in both Sumner County and Davidson County. Venue is simply where the crime is committed. Proving venue is important. The Tennessee Constitution requires the case be tried in the county where the crime was committed.
Here is a case study of a case working its way through the court system. A police car was set up three hundred yards from the Davidson County line. Police allege speeding. Car stopped in Nashville. Police think there is a need to do a DUI investigation. A DUI officer is called to come to the traffic stop. A DUI investigation is done in Davidson County. A DUI arrest is made in Davidson County. The motorists were arrested for DUI and taken to Sumner county. A search warrant was taken out in Sumner County. The case is pending in Sumner County. Is Sumner County the proper jurisdiction?
I do not know the answer to that question just yet. A court will decide in the near future will make the call. It is my position that the courts in Sumner County lack jurisdiction to prosecute the case or issue the search warrant. We will soon see. either way, it is an interesting issue. Do the Goodlettsville Police make a conscious decision to take folks to Sumner County for a tactical advantage.
One reason I mentioned this case is to raise this defense if this happens to you. stay tuned for the outcome. We might know the answer in the coming months.
