Jury Trials Lost

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Drug Charges Dismissed

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Citizens Getting Concerned

More each day!

State v. Benjamin Burgess

On December 24, 2021, Mr. Burgess was stopped on Mars Hill Road due to an issue with his license tag. After smelling the odor of marijuana, the car was searched. During the search, it was discovered that Mr. Burgess had illegal drugs in his vehicle.

Mr. Burgess was arrested for possession of methamphetamine, failure to register vehicle, and improper tag.

On March 6, 2023, the District Attorney’s Office dismissed the possession of methamphetamine and allowed the Defendant to to plead guilty to the two traffic charges for 24 months probation.

At the time the District Attorney’s Office dismissed this meth charge for Mr. Burgess, they were handling another case for him related to an incident on December 9, 2021. He was arrested at the McDonald’s on Epps Bridge Road for DUI and Open Container. The police report indicates Mr. Burgess was alseep in the parking lot while behind the wheel with his music blasting. The officer had to bang on the window to try to get the attention of Mr. Burgess.

After failing the field sobriety tests, Mr. Burgess was arrested for DUI. During a search of the vehicle, it was discovered that he had several open beer cans near his passenger area, plus a bottle of baileys. During the search, law enforcement also found two glass smoking pipes that had the odor of marijuana. While waiting for his blood to get tested, Mr. Burgess made numerous remarks to the officer indicating extreme levels of intoxication.

The GBI test results indicated he was under the influence of methamphetamine and other drugs.

The DUI case is still pending with a court date on July 11, 2023. Hopefully, the District Attorney’s Office will seek justice to protect the community from this dangerous person.

Dismissal of Possession of Methamphetamine (per office policy)

Pending DUI