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.

Confirmed Cases: 15229

Reported Deaths: 723
CountyConfirmedDeaths
Hinds99925
Lauderdale73561
Madison72023
Scott65012
Neshoba63038
Jones59825
Forrest55338
DeSoto5337
Rankin4217
Leake42112
Holmes39728
Copiah3104
Jackson30513
Attala29216
Yazoo2734
Newton2714
Leflore25831
Harrison2577
Lincoln25628
Monroe25525
Lamar2355
Oktibbeha23512
Lowndes2119
Pearl River20931
Pike20211
Adams19615
Noxubee1856
Wayne1771
Warren1719
Washington1687
Covington1652
Bolivar16011
Jasper1574
Smith15011
Lee1496
Kemper14411
Clarke14318
Chickasaw13312
Lafayette1314
Coahoma1214
Carroll11711
Marion1159
Clay1124
Winston1121
Claiborne1112
Lawrence1021
Simpson1010
Yalobusha905
Hancock9011
Tate891
Grenada893
Wilkinson889
Itawamba877
Union835
Marshall833
Montgomery831
Sunflower813
Jefferson Davis772
Tippah7311
Panola703
Webster691
Calhoun644
Humphreys607
Amite601
Walthall550
Tunica543
Prentiss523
Perry503
Choctaw432
Jefferson421
Tishomingo320
Pontotoc323
Stone300
Franklin282
Tallahatchie271
Quitman260
George251
Alcorn171
Benton150
Greene121
Sharkey70
Unassigned00

Alabama Coronavirus Cases

Confirmed Cases: 17359

Reported Deaths: 618
CountyConfirmedDeaths
Mobile2191115
Jefferson1780102
Montgomery163238
Tuscaloosa73814
Marshall6879
Franklin5457
Lee54033
Shelby50319
Tallapoosa42364
Butler40217
Chambers35325
Walker3442
Elmore3398
Madison3274
Baldwin2839
Dallas2603
Morgan2511
Etowah24811
DeKalb2433
Lowndes23812
Coffee2291
Sumter2206
Autauga2164
Houston2094
Bullock2034
Pike1980
Colbert1782
Russell1670
Marengo1636
Lauderdale1612
Hale1598
Calhoun1543
Choctaw1518
Barbour1501
Wilcox1447
Clarke1422
Cullman1260
Randolph1257
Marion12111
St. Clair1181
Pickens1114
Dale1100
Talladega1093
Chilton1001
Limestone940
Greene944
Winston880
Covington771
Jackson772
Crenshaw763
Macon754
Henry742
Bibb721
Washington686
Blount611
Escambia573
Lawrence480
Geneva400
Conecuh391
Coosa381
Monroe372
Perry370
Cherokee373
Clay272
Lamar230
Fayette150
Cleburne141
Unassigned00
Tupelo
Clear
79° wxIcon
Hi: 83° Lo: 59°
Feels Like: 80°
Columbus
Clear
81° wxIcon
Hi: 85° Lo: 59°
Feels Like: 82°
Oxford
Clear
77° wxIcon
Hi: 82° Lo: 57°
Feels Like: 78°
Starkville
Clear
77° wxIcon
Hi: 83° Lo: 55°
Feels Like: 79°
WTVA Radar
WTVA Temperatures
WTVA Severe Weather