Defense asks Tennessee appellate court to remand vehicular-assault conviction over delayed blood test and contested restitution

The Tennessee appellate court heard argument in the appeal of State of Tennessee v. Aaron Joseph Ben Arstell on questions about suppression, causation for vehicular assault and the size and basis of a $119,100 restitution award.

Defense lawyer Chuck Blackard, appearing for Aaron Ben Arstell, told the court that the record lacks a transcript of the suppression hearing and that the delay between the crash and the blood draw left the evidence "very hard" to interpret. "What caused the accident? No one knows," Blackard said, arguing that missing testimony and uncertainties about timing make it inappropriate to rely on the later blood-alcohol reading to prove causation.

Blackard described the case facts as presented at trial: shortly before midnight the defendant rode a motorcycle about 4.9 miles after leaving a bar; he handed his helmet to the passenger, who later sustained severe injuries and was transported by…