In Re: Rader Bonding Company, Inc.

Syllabus

We granted this appeal to determine whether a surety remains obligated under a bond agreement entered on the defendant's arrest for driving under the influence second offense when a subsequent indictment charged the defendant with driving under the influence fourth offense. We conclude that sureties remain obligated pursuant to Tennessee Code Annotated sections 40-11-130(a)(1), -138(b) and this Court's holding in Young v. State, 121 S.W.2d 533 (Tenn. 1938). We hold, therefore, that the trial court did not abuse its discretion when it entered the final judgment of forfeiture against Rader Bonding Company, Inc. (\Rader\) for the total amount of the bond and declined to grant Rader's motion to alter or amend. Accordingly, we reverse that portion of the Court of Criminal Appeals' decision holding that Rader should have been relieved from forfeiture on the $7,500 bond in connection with the defendant's DUI charge and affirm its conclusion that Rader remains obligated on the $2,500 bond in connection with the defendant's driving on a revoked license charge.