Appeals court vacates DUI conviction
Aug. 23, 2018
CHATTANOOGA, Tenn. (AP) — The Tennessee Court of Criminal Appeals has dismissed a drunken driving conviction, ruling that a roadblock that led to the man's arrest in Chattanooga was unconstitutional.
The Chattanooga Times Free Press reports 58-year-old Robert Franklin was convicted in 2016 of driving under the influence after he was stopped at a roadblock in 2012.
Franklin's attorneys argued that state highway patrol officers didn't follow guidelines that call for giving drivers notice of roadblocks and that police violated their client's Fourth Amendment protection against illegal searches and seizures.
Justice Camille McMullen wrote in Tuesday's opinion that police should have posted warning signs about the checkpoint.
Tennessee Attorney General's Office spokeswoman Samantha Fischer said Wednesday that state attorneys are studying the decision and haven't yet decided whether to appeal it.
Information from: Chattanooga Times Free Press, http://www.timesfreepress.com