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State v. Dymond

By filing a motion to suppress DUI evidence obtained at a roadblock, defendant consented to the delay of her trial, pending final resolution of the admissibility issue.

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The trial court granted Julie Anne Dymond’s motion to suppress and, subsequently, under OCGA § 17-7-170 b, it also granted Dymond’s motion for discharge and acquittal of her pending DUI charge. In so doing, the trial court found that the State failed to timely try the case in compliance with Dymond’s demand for a speedy trial. In this appeal, the State contests the rulings on both motions. Because the trial court misconstrued and overlooked the applicable law, we reverse.

The underlying case arose from a single misdemeanor DUI charge against Dymond. The evidence shows that at 1:30 a.m. on July 8, 1999, DeKalb County law enforcement officers stopped Dymond at a traffic checkpoint and, ultimately, cited her for DUI. The State filed a single count accusation on September 22, 1999, charging Dymond under OCGA § 40-6-391 a 1 with driving under the influence of alcohol to the extent it was less safe for her to drive. On October 5, 1999, Dymond filed a motion to suppress, contending that the roadblock was unlawful and that all evidence obtained therefrom should be suppressed. Dymond argued that the traffic stop was pre-textual, arbitrary, unreasonable, and violative of her federal and state constitutional rights to due process and equal protection. Asserting that an illegal search and seizure had occurred, Dymond sought the exclusion of all evidence. See OCGA § 17-5-30. Two months later, on December 7, 1999, Dymond filed a speedy trial demand.

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