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Childress v. State10/11/2001
Jason Michael Childress was charged with the offenses of driving under the influence of alcohol to the extent he was a less safe driver (OCGA § 40-6-391 (a) (1)), driving with more than 0.10 per cent blood alcohol content (OCGA § 40-6-391 (a) (5)), reckless driving (OCGA § 40- 6-390), and failure to maintain lane (OCGA § 40-6-48). Childress moved to suppress all evidence obtained during his arrest, arguing that the arresting officer didn't have probable cause to stop and arrest him and that he was not read his implied consent warnings. After a hearing, the trial court denied Childress's motion to suppress. Following a bench trial, the trial court found Childress guilty of DUI - less safe driver and failure to maintain lane. It is from this conviction that Childress appeals. Finding no error, we affirm.
1. Childress enumerates as error the denial of his motion to suppress. On appeal Childress's sole argument is that his arrest was without probable cause.
The appeal of a trial court's ruling on a motion to suppress is governed by three principles:
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 those findings. Second, the trial court's decision with regard to the 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. (Citation and punctuation omitted.) Perez v. State, 249 Ga. App. 399, 399-400 (547 SE2d 699) (2001).
Viewed in this light, the evidence shows that on October 22, 1999, Officer Teddy Ray Gribbins of the Henry County Police Department was patrolling the area of State Highway 155 and Kellytown Road. It was around midnight when Officer Gribbins initially traveled down Highway 155. At this time he did not notice any cars on the side of the highway. At approximately 2:48 a.m., Officer Gribbins was again traveling south down Highway 155. At this time, he noticed a red Nissan Sentra automobile which appeared to have run off the road. The vehicle had flat tires , "some damage to the front and sides and the passenger side window was busted out[.]" Officer Gribbins did not see any debris in the roadway near the scene, nor did he see anyone nearby. Officer Gribbins checked the tag to make sure the car was not stolen and, because he had not seen anyone walking before he came upon the vehicle, he decided to continue south on Highway 155 to see if the driver needed assistance.
About two miles south, Officer Gribbins noticed Childress sitting by the pay phone at a Chevron gas station. Officer Gribbins approached Childress without engaging his siren and emergency equipment. As Childress stood up, Officer Gribbins noticed that he was unsteady on his feet. Officer Gribbins testified that Childress's voice was slurred, his eyes were red and glassy, and he smelled strongly of alcoholic beverage. Childress admitted that he had been driving the red Nissan Sentra and stated that he had run off the road when the tires on his vehicle had blown after hitting some debris. Childress further admitted to Officer Gribbins that he drank a couple of beers earlier.
When Officer Gribbins asked Childress to perform field sobriety tests, Childress refused and became argumentative. Officer Gribbins testified that Childress was "getting very loud and he kept walking toward me. We ended up back beside my car." At this point, because Childress was yelling and lean
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