Speech to Text for Judge dismisses DUI refusal case against Tupelo city attorney
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lee county justice court judge chuck jhopkins dismissed the case against attorney ben logan ruling the roadblock where the arrest was made was unconstitutional. logan was stopped at a checkpoint on december seventh. he had just left a party for tupelo city department heads downtown where alcohol had been served. the city confirmed he was driving a private vehicle and not a city issued car. he was arrested by the mississippi highway patrol for driving under the influence but refused to take a breathalyzer test. logan was taken to the lee county jail but released without being booked into the jail. he was given a traffic citation. in the motion filed by logan's defense attorney, he claims the road block did not give warning signs leading up to the check point. they also challenge who set up the roadblock and where it was placed. they also say it was not publicized. the purpose was to check for license and insurance but not for sobriety or any other reason making the checkpoint unconstitutional. however prosecutor argued logan's 4th amendment right of unreasonable search and seizure was not violated. after reviewing the case, judge hopkins ruled the check point was unconstitutiona l. i asked the judge if the ruling would void other tickets issued at the same checkpoint. he told me each person would have to come to court individually and prove their particular charges should be dismissed. live in tupelo, erin wilson....wtva nine