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Taylor v. State5/29/2001
Stephen M. Taylor appeals his conviction following a bench trial for two counts of driving under the influence of alcohol. In his sole enumeration of error, Taylor contends that the trial court erred in denying his motion to suppress. We affirm.
When an appellate court reviews a trial court's order concerning a motion to suppress evidence, the appellate court should be guided by three principles with regard to the interpretation of the trial court's judgment of the facts. First, when a motion to suppress is heard by the trial judge, that judge sits as the trier of facts. The trial judge hears the evidence, and his findings based upon conflicting evidence are analogous to the verdict of a jury and should not be disturbed by a reviewing court if there is any evidence to support it. Second, the trial court's decision with regard to questions of fact and credibility must be accepted unless clearly erroneous. Third, the reviewing court must construe the evidence most favorably to the upholding of the trial court's findings and judgment.
The uncontroverted evidence presented at the motion hearing shows that on March 27, 1998, Officer Ray Gunter, who was regularly assigned to the DUI Task Force, was conducting a driver's license checkpoint on Highway 78 near its intersection with Cambridge Street. At approximately 2:15 a.m., he saw a Jeep Cherokee slow down about an eighth of a mile before the checkpoint as if it were preparing to stop. All of a sudden, the jeep turned right onto Cambridge Street. Gunter then got into his car and drove toward Cambridge Street. While driving, Gunter saw the jeep turn left and drive over a curb into the parking lot of a closed business. He also saw the jeep's headlights bounce "like he [the driver] hit a curb real hard or hit the railroad ties real hard." The driveway entrance to the parking lot was not on Cambridge Street.
The jeep had already come to a stop when Gunter activated his blue lights and pulled into the parking lot behind the jeep. Gunter noticed that a couple of the railroad ties on the property were moved. Gunter testified that once he pulled behind Taylor with his blue lights activated, Taylor was not free to go. Gunter approached the vehicle and asked Taylor for his license and insurance information and whether the address on his license was current. Taylor replied yes and volunteered that he was on his way home.
While talking to Taylor, Gunter noticed a strong odor of alcohol coming from the vehicle and that Taylor moved slowly and appeared to be intoxicated. Taylor admitted that he had been drinking after Gunter asked him to exit his vehicle to perform a field sobriety evaluation. Gunter noticed that Taylor's face was flushed and he looked sleepy, his eyes were bloodshot red, his speech was slurred, his gait was unsteady, and a strong alcoholic odor emanated from his breath.
Taylor's performance on the field sobriety tests, along with the positive results of the alco-sensor test, formed the basis for Gunter's opinion that Taylor was a less-safe driver while under the influence of alcohol. Consequently, Gunter placed Taylor under arrest for DUI. Taylor took the Intoxilyzer 5000 breath test at the Gwinnett County jail, which showed blood alcohol concentration levels of 0.113 and 0.111.
Taylor moved to suppress all evidence obtained as a result of the stop, which he argues resulted in an illegal search and seizure. The trial court denied Taylor's motion to suppress and Taylor appeals therefrom.
At least three [tiers] of police-citizen encounters exist: (1) verbal communications involving no coercion or detention; (2) brief "stops" or "seizures" that require reasonable suspicion; an
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