CHATTANOOGA, Tenn. -- A federal judge Tuesday delayed state Sen. Jerry Cooper's fraud trial for two months, agreeing to give the Morrison Democrat until June 4 to recover from a wreck that got him charged with driving under the influence.

Video: Cooper Back In Hospital, Gets Fraud Trial Delay

Before the Feb. 7 single-vehicle accident, U.S. District Judge Curtis L. Collier had refused Cooper's request to delay the March 5 trial until after the legislative session ends in May. The judge had approved Cooper's request to delay the trial when it was set in November.

"Needless to say, this (wreck) was an unanticipated occurrence and could not have been foreseen by the parties or the court," Collier wrote in his order Tuesday.

Cooper was seriously injured when his sport utility vehicle overturned several times on Interstate 24 in Rutherford County after he attended three legislative receptions in Nashville. The DUI charge follows a blood-alcohol test by the Tennessee Bureau of Investigation lab.

Cooper is recovering at home and District Attorney William Whitesell has withheld results of the DUI test while allowing the senator to surrender on the charge when he feels well enough.

On Tuesday, Channel 4 reporter Chris Tatum spoke to several DUI lawyers to see if they think Cooper is receiving preferential treatment. Criminal Justice Professor Bill Shulman said the way the DA has handled the situation is standard procedure because no other person or car was injured or damaged in the wreck.

Tennessee law says as a general rule that DUI offenders should be taken into custody. But if the offender needs to be hospitalized for more than three hours, the officer should then write a ticket.

Deputies who serve these types of warrants told Channel 4 they see cases handled like this all the time.

"Sen. Cooper has retained a local lawyer, Jack Mitchell, who enjoys a good reputation with us. And once a lawyer tells us he's going to arrange for his client to come in and have a warrant served on him, we trust the lawyer to do that," said Dan Goodwin of the Rutherford County Sheriff's Dept.

Cooper Re-Admitted To Hospital

Cooper was re-admitted to a hospital this week because his lawyer said the senator is having problems with his arm. He is scheduled to have surgery on the arm later this week.

His lawyer said Cooper is expected to be hospitalized for the next few days, and he had no idea when he would turn himself over to police.

In the pending federal case, the senator has pleaded not guilty to charges of bank fraud, mail fraud and conspiracy to commit bank and mail fraud. Cooper is accused of using a fraudulent appraisal and political influence to help an Alabama businessman borrow $1.7 million for the 1999 purchase of Cooper's lumber mill in Warren County.

Collier's order does not mention the DUI charge or Cooper's pretrial release on bond. The judge denied a request by Cooper's attorney, Jerry Summers of Chattanooga, to also extend other pretrial filing deadlines.