The Brown & Williams Cases Change Roadblock Law in Georgia

The Brown & Williams Cases Change Roadblock Law in Georgia

On October 21, 2013, the Georgia Supreme Court issued opinions in Brown v. State (S12G1287) and Williams v. State (S13G1078). Both were unanimous decisions and both changed Georgia law to the benefit of Georgia drivers and their rights.

Brown v. State is my case.  It involves a Cobb County Police Department roadblock conducted in Marietta in 2010. We won the motion to suppress in Superior Court.  The District Attorney appealed and the Court of Appeals reversed.  I appealed to the Georgia Supreme Court, we had oral arguments in April, and the high court reversed the Court of Appeals and reinstated the original ruling from Superior Court.

Williams v. State is a Bibb County (Macon) case.  In that case, Mr. Williams lost in Superior Court, appealed, lost again in the Court of Appeals, appealed, and finally prevailed in the Georgia Supreme Court.

In both cases, the Court reviews, clarifies, and enhances Georgia law to the benefit of future drivers everywhere.  These two specific drivers will avoid convictions that would have haunted them for life.

Other drivers who were charged out of the same roadblocks could have also avoided convictions had they been willing to put in the effort, time and resources that Brown and Williams were willing to devote to their cases.  This doesn't mean that everyone who fights back will win, but it shows that you can't win if you don't fight.  

If you are facing charges arising out of a roadblock ("safety checkpoint") in Georgia, don't just "roll over and play dead."   Fight for your rights, your freedom, and your good name.  Like Mr. Brown and Mr. Williams, never give up.

UPDATE: 

www.pacga.org/site/protected_docs/fyi_10_21_13_Roadblocks.pdf

www.poag.org/wp-content/.../Oct-2013-Bibb-County-Roadblock.pdf

 

 

 

 

 

 

 



 

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