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WELLS v. STATE4/3/1997
A jury convicted defendant Charles Millard Wells of driving under the influence of alcohol to the extent that it was less safe for him to drive. OCGA § 40-6-391 (a) (1). On appeal, defendant contends the trial court committed reversible error in failing to grant defendant's pretrial motion to suppress and his separate pretrial motion in limine. Finding no error, we affirm.
In cases involving the review of the grant or denial of motions to suppress or motions in limine, we must construe the evidence most favorably to uphold the findings and judgment of the trial court, and that court's findings as to disputed facts and credibility must be adopted unless clearly erroneous. Dooley v. State, 221 Ga. App. 245 (1) (470 S.E.2d 803) (1996); State v. Brodie, 216 Ga. App. 198, 199 (1) (c) (453 S.E.2d 786) (1995). So construed, the evidence in this case, as demonstrated by the testimony found in both the trial transcript and the transcript of the hearing on defendant's motion to suppress and motion in limine, see White v. State, 263 Ga. 94, 98 (5) (428 S.E.2d 789) (1993), shows that on May 2, 1995, at approximately 11:00 p.m., Officer Smith observed an unoccupied truck with an open door parked on Grant Street. Grant Street is a one-way street running adjacent to a night club. While attempting to locate the truck's owner at the night club, Smith saw defendant leaving the club alone. As
defendant exited, Smith noticed defendant stumble and smelled the odor of alcoholic beverage on defendant. Continuing to watch defendant, Smith noticed that defendant was unsteady on his feet. Based on his observations and experience, Smith concluded defendant was intoxicated to the extent he would be a less safe driver. Consequently, Smith advised Officer Trawick, who had arrived on the scene as back-up, about defendant's condition and told Trawick not to let defendant drive.
Trawick intercepted defendant after he sat down in the driver's seat of the only black Infiniti seen in the immediate area, which also was parked on Grant Street. As Smith approached the Infiniti, Trawick finished telling defendant that he should not drive, but instead should call a cab. After agreeing with Trawick, defendant exited the Infiniti and walked back toward the night club. Shortly thereafter, Smith observed someone peeping from around the corner of another vehicle and looking at the officers. Suspicious that this person might be defendant, and that he would drive off in the Infiniti as soon as the officers left the area, thereby posing a potential risk to himself and others, Smith directed Trawick to follow him to Grant Street's nearby intersection with Gloucester Street.
Within two to three minutes of reaching the intersection, Smith and Trawick observed a black Infiniti just like defendant's moving down Grant Street toward the intersection. Although no traffic violations were observed, Smith cut on his blue lights and stopped the Infiniti when it reached the stop sign located at the intersection. At that time, but not before, defendant was visible as the Infiniti's driver. Subsequently, based on his previous observations of defendant, Smith placed defendant under arrest and immediately read him his implied consent rights. After testing positive for alcohol on the Alco-Sensor test, defendant asked to be administered a blood test. Smith told defendant that he must first take the state administered breath test at the police station, and that thereafter Smith would drive defendant to a local hospital for a blood test. Defendant voiced no objection and agreed to take the state administered breath test. At the police station, however, although he was given several opportunities to do so, defendant refused to take the breat
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