The Georgia Court of Appeals recently ruled that a Johns Creek DUI conviction should be tossed because it violated the Fourth Amendment.
But that won’t help the case for those trying to halt the use of roadblocks in the state of Georgia.
July 4, 2011 – Renee Armentrout is stopped in Johns Creek at a roadblock set up by the Johns Creek Police Department. Officers say she smelled of alcohol and her “eyes were watery. Additionally, Armentrout spoke with a slight slur and admitted she had been drinking ‘a little bit.'” She apparently failed a breath test and was charged with DUI, arrested, and transported to jail.
The defendant’s motion to exclude all evidence related to her “impairment” was granted and the Court of Appeals agreed, stating the state did not meet the burden of proof.
Legal analysts, like Phil Holloway of 11Alive, say the ruling is too case specific.
“I think that this particular case is extremely limited to its own specific facts. I don’t think it’s going to have any broader ramifications on a statewide basis. It certainly not going to eliminate the police practice of DUI roadblocks,” said Holloway.