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Charales v. State

The State failed to prove that the Atlanta Police Department's checkpoint program as a whole had an appropriate primary purpose and the trial court therefore erred in denying the defendant's motion to suppress.

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Following a bench trial, Robert Charales a/k/a Robert Chakales was found guilty of driving under the influence to the extent it was less safe to drive “DUI less safe”1 and driving under the influence with an unlawful alcohol concentration “DUI per se”.2 Charales appeals the denial of his subsequent motion for new trial, arguing that the trial court erred by denying his pretrial motion to suppress because 1 the checkpoint at which he was stopped was unlawful, and 2 police failed to timely read him the implied consent notice. Because the State failed to demonstrate that the law enforcement agency’s checkpoint program had an appropriate primary purpose, we reverse.

When reviewing a trial court’s ruling on a motion to suppress, the appellate court follows three fundamental principles.

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