State v. Williams

KONDUROS, J.:

The State appeals the circuit court’s order affirming the magistrate’s dismissal of the driving under the influence (DUI) charge against Scott E. Williams. The State contends because Williams was stopped without going through the driver’s license checkpoint, the magistrate and circuit court erred in requiring the State to provide evidence to support the constitutionality of the checkpoint. The State also maintains the magistrate exceeded its authority in considering Williams’s motion to dismiss, holding a pretrial preliminary hearing, and dismissing the case. We reverse and…