Judge Don Ash, a former Rutherford County Circuit Court judge, will preside over Wilson County Circuit Clerk Debbie Moss’ court appearance Friday in General Sessions Court at the Wilson County Criminal Justice Center.
The hearing is to determine a disposition of the case.
Moss’ attorney, Frank Lannom, filed motions to dismiss the three charges against Moss stemming from an incident in September where she was charged with DUI, implied consent and leaving the scene of an accident with property damage.
Lannom filed motions to dismiss the charges against Moss due to insufficient probable cause, focusing on the time it took officers to give Moss a field sobriety test at her home following a fundraiser event.
Wilson County General Sessions personnel said a ruling on the motions to dismiss had not been submitted as of Monday afternoon, but said Ash could make a ruling prior to Friday’s court date. Lannom said there will be no ruling about the case before Friday.
Lebanon Police officer Jeremy Richardson responded to Lebanon Road after the department received calls about a hit and run incident at a fundraiser. The fundraiser, Leadership Wilson’s Dare to Dine event, utilized valet parking for the event.
Richardson said three valet drivers testified they saw Moss get into her vehicle — a four-door Kia — and appeared to be impaired or under the influence. They said she drove to the end of a driveway where a gate is located, stopped and sped in reverse and struck a 2009 Chrysler Sebring, belonging to Dennis and Donna Vick.
The valet drives said they ran to check on Moss, who had exited the vehicle.
Lannom, according to the motions, said Moss’ level of sobriety was uncertain based on the brief interaction between Moss and the valets, and there was no other evidence Moss was driving impaired due to her having no incidents on her way home.
Richardson said he and other officers, including some Mt. Juliet Police officers, then went to Moss’ residence and noticed “an obvious odor of an intoxicant normally associated with alcoholic beverages on and about her person.”
"Should the state allow such an unlawful intrusion upon a private person at their own home, no citizen of Wilson County will be protected from being roused by officers in the middle of the night, pulled from their own home and forced to prove their own innocence on their own property in a state of dishevelment and confusion,” Lannom argued in the motion.
Lannom also argued the leaving the scene of an accident charge should be dismissed because it does not apply to private residences not frequented by the public.