Friday, 16 October 2015 11:46

Man Convicted Second Time on Same DUI

MEMPHIS – Oct. 16, 2015 - A Nashville man on trial for a second time in the same DUI case has been convicted again by a Criminal Court jury, Shelby County Dist. Atty. Gen. Amy Weirich said Friday.
The jury deliberated just 36 minutes before finding defendant Marcus Puckett, 32, guilty. He will be sentenced Dec. 4 by Judge John Campbell.
Puckett was arrested shortly after 3 a.m. on Nov. 28, 2010, after driving erratically on Houston Levee at Macon Road. His blood-alcohol reading was .205. The limit in Tennessee is .08.
He was convicted of DUI in 2013, but the Tennessee Court of Criminal Appeals awarded him a new trial after finding that the arresting officer did not properly observe the defendant for the required 20 minutes before administering a BAC test.
The appellate court ruled that Puckett’s .205 BAC could not be used as evidence against him in the retrial this week.
Prosecutor Michael McCusker relied on testimony of the arresting officers and of the defendant’s girlfriend, who was in the car crying the night Puckett was arrested.
McCusker is with the DA’s DUI Task Force which works with local law enforcement to reduce the number of DUI-related fatalities and injuries in Memphis and Shelby County.
Assistant District Attorneys assigned to DUI Prosecution Unit conduct training sessions several times a year for the Memphis Police Department and the Shelby County Sheriff’s Department.
The training is designed to keep law enforcement officers updated on new laws and changes to existing laws.