 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Veal v. State4/19/2005
Minnon W. Veal was charged by accusation with two counts of driving under the influence of alcohol (DUI). After the trial court denied his motion to suppress/motion in limine, Veal agreed to a bench trial while reserving his right to appeal the denial of his motion. The trial court found him guilty of both DUI counts, but merged them for sentencing purposes. Veal appeals from the order denying his motion for new trial, arguing that the trial court erred in admitting the results of field sobriety tests and the state-administered breath test because the arresting officer did not possess a reasonable articulable suspicion for the stop of his vehicle. We disagree and 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.
So viewed, the evidence adduced at the hearing on the motion to suppress/motion in limine shows that at 7:30 p.m. on December 11, 2002, Crisp County sheriff's deputy Robert Michael Sangster, Jr., was traveling east on Highway 280 when he noticed a vehicle driving very slowly. Sangster activated his radar unit and recorded the vehicle's speed at 25 mph. He testified that the posted speed limit on the highway is 55 mph. After Sangster passed the vehicle, he turned around and followed it. The driver turned onto Williford Crossing.
According to Sangster, the vehicle was weaving within its lane on Williford Crossing, so the deputy initiated a traffic stop. As he walked up to the driver's door, Sangster detected an odor of alcohol. When Veal exited the vehicle, Sangster noted that his speech was slurred, his eyes were glassy, and he was unsteady on his feet. Sangster asked Veal whether he had been drinking, and Veal replied that he had drunk two or three beers. Sangster then administered field sobriety tests. Veal failed the HGN, and he swayed and lost his balance while trying to perform the heel-to-toe test and the one-leg stand. Also, Veal could not recite the alphabet properly. Finally, Veal refused to take the Alcosensor test. Sangster testified that the manifestations he observed that evening were consistent with someone who was under the influence of alcohol. Further, based on his knowledge, training, and experience, Sangster determined that Veal was under the influence of alcohol to the extent that he was a less safe driver.
Sangster then placed Veal under arrest, read him the implied consent warnings, and transported him to the sheriff's office, where Veal underwent a breath test. Corporal Al Smith performed the test on the Intoxilyzer 5000. He obtained two breath samples from Veal; the results were .157 and .146.
A videotape of the stop was introduced into evidence. Sangster testified that he activated the video camera prior to turning on his blue lights in order to record Veal's vehicle weaving. On cross- examination, Sangster testified that parts of the road on which the weaving occurred did not have any white lines, and that the videotape depicted Veal's vehicle "hitting where the white line wo
Page 1 2 3 Georgia DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|