Practice Area:DUI & DWI
Description:Defendant was charged with DUI while being a habitual violator. He lived in Stone Mountain. He was stopped at a roadblock. I went to the scene to investigate where the stop took place. It was clear that the police were stopping all people living inside a neighborhood cul-de sac. We filed a motion to suppress. At the motion hearing, the State was unable to provide proof that the purpose of the roadblock was lawful. It is the State's burden to prove the lawfulness of the stop. The judge heard the evidence and determined that the roadblock was not lawful. All evidence that stemmed from the trafic stop was suppressed and Defendant was free to leave.