STREAMING NOW: Watch Now

Judge dismisses DUI refusal case against Tupelo city attorney

A judge has dismissed a DUI refusal case against Tupelo city attorney Ben Logan because of an “unconstitutional” roadblock.

Posted: Jul 11, 2019 2:09 PM
Updated: Jul 23, 2019 10:46 AM

TUPELO, Miss. (WTVA) - A judge has dismissed a DUI refusal case against Tupelo city attorney Ben Logan because of an “unconstitutional” roadblock.

Logan’s DUI refusal case was presented in Lee County Justice Court on Wednesday after the case was postponed in early May.

Judge Chuck Hopkins issued a written statement to WTVA during the court hearing.

“As to the case at hand today, the State of Mississippi versus Benjamin Logan on the DUI Refusal charge, I’d first like to say that as a judge, I took an oath of office to be fair and without bias. I also took an oath to hear the evidence fairly that has been presented to the Court by both the prosecution and the defense, and I have done so in this case. After considering the defendant’s motion before me as well as the response to the defense’s motion provided to me by the Lee County Prosecutor and based on Supreme Court case law, I do hereby find and rule that the roadblock where Mr. Logan was stopped on the night in question was in fact unconstitutional and for that reason I am going to grant the defense’s motion and dismiss the state’s case against Mr. Logan.”

State troopers stopped Logan the night of Dec. 7, 2018, and charged him with DUI refusal. He was taken to the Lee County jail but was released without being booked into the jail. He was given a traffic citation. 

According to a city statement, Logan was not in a city-issued vehicle at the time of the stop.

In a motion filed by Logan’s defense attorney, he claims the roadblock did not give warning signs leading up to the checkpoint. They also challenged who set up the roadblock and where it was placed.

The roadblock was stationed on Hilda Avenue, which is off Highway 45 and is near Front Street.

They also said it was not publicized.

The purpose of the roadblock was to check for licenses and insurance, but not for sobriety or any other reason, making the checkpoint unconstitutional.

However, the prosecution argued Logan’s Fourth Amendment right of unreasonable search and seizure was not violated.

When asked if the ruling would void other tickets issued at the same checkpoint, the judge said each person would have to come to court individually and prove their charges should be dismissed.

Mississippi Coronavirus Cases

Data is updated nightly.

Cases: 314509

Reported Deaths: 7247
CountyCasesDeaths
DeSoto21626259
Hinds20359415
Harrison17934309
Rankin13634278
Jackson13447246
Madison10099217
Lee9980174
Jones8381163
Forrest7683152
Lauderdale7191241
Lowndes6401147
Lamar623086
Lafayette6200118
Washington5339134
Bolivar4802132
Oktibbeha462798
Panola4588107
Pearl River4512146
Marshall4443103
Warren4393121
Pontotoc420772
Monroe4113133
Union411076
Neshoba4031176
Lincoln3968110
Hancock379386
Leflore3497125
Sunflower336090
Tate334084
Pike3325105
Scott315973
Alcorn313368
Yazoo311669
Itawamba300477
Copiah297065
Coahoma295479
Simpson295288
Tippah288768
Adams286882
Prentiss279760
Marion269280
Leake268373
Wayne262641
Grenada261487
Covington259681
George248048
Newton246861
Winston227281
Tishomingo226967
Jasper221148
Attala214473
Chickasaw207857
Holmes189173
Clay185454
Stone182833
Tallahatchie178841
Clarke178080
Calhoun170832
Yalobusha164338
Smith162434
Walthall133945
Greene130633
Lawrence128624
Montgomery126942
Noxubee126734
Perry126338
Amite123142
Carroll121829
Webster114532
Jefferson Davis107133
Tunica105726
Claiborne102430
Benton99525
Humphreys96733
Kemper95828
Franklin83823
Quitman80916
Choctaw76418
Wilkinson67331
Jefferson65728
Sharkey50217
Issaquena1686
Unassigned00

Alabama Coronavirus Cases

Cases: 532895

Reported Deaths: 11001
CountyCasesDeaths
Jefferson771431528
Mobile41089808
Madison34837505
Tuscaloosa25810454
Montgomery24355588
Shelby23730249
Baldwin21191309
Lee15892171
Calhoun14522316
Morgan14324279
Etowah13861353
Marshall12250223
Houston10581281
Elmore10060205
Limestone9986151
Cullman9705194
St. Clair9702243
Lauderdale9441242
DeKalb8846187
Talladega8255176
Walker7246277
Autauga6938108
Jackson6815112
Blount6694137
Colbert6310134
Coffee5524119
Dale4850111
Russell443238
Chilton4308112
Franklin426282
Covington4136118
Tallapoosa4039152
Escambia393977
Chambers3578123
Dallas3557152
Clarke351161
Marion3130101
Pike311377
Lawrence300798
Winston275673
Bibb261564
Geneva251477
Marengo249664
Pickens234761
Barbour231756
Hale223277
Butler216469
Fayette212562
Henry189044
Cherokee184745
Randolph181742
Monroe178040
Washington167639
Macon159950
Clay156857
Crenshaw152757
Cleburne149141
Lamar142935
Lowndes139053
Wilcox127130
Bullock122841
Conecuh110629
Coosa107928
Perry107826
Sumter104832
Greene92534
Choctaw61124
Out of AL00
Unassigned00
Tupelo
Clear
49° wxIcon
Hi: 76° Lo: 48°
Feels Like: 47°
Columbus
Clear
49° wxIcon
Hi: 76° Lo: 51°
Feels Like: 47°
Oxford
Clear
45° wxIcon
Hi: 74° Lo: 46°
Feels Like: 45°
Starkville
Clear
46° wxIcon
Hi: 74° Lo: 48°
Feels Like: 46°
Skies remain clear as we wrap up the work week, which will lead us into an excellent weekend in terms of weather. Low humidity will keep temperatures cool or chilly in the mornings and much warmer each afternoon. Humidity gradually returns later in the weekend and early next week.
WTVA Radar
WTVA Temperatures
WTVA Severe Weather