A judge has dismissed a drunken driving charge against a Mississippi city attorney, ruling the man was unconstitutionally stopped by highway patrol.

The Northeast Mississippi Daily Journal reports the DUI refusal charge was dropped Thursday against Tupelo City Attorney Ben Logan.

Logan’s defense attorneys argued that a December state highway patrol checkpoint wasn’t properly authorized by supervisory personnel. They said Logan’s detention was unlawful and all evidence seized should then be thrown out.

Though Logan was charged with refusing a DUI breathalyzer test, recent court filings say there is dispute about whether he was ever offered a breath test.

The Highway Patrol declined to comment Thursday but said its legal team would review the ruling.