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State v. Young

The totality of the circumstances would have given a reasonable officer probable cause to arrest the defendant for DUI less-safe and the trial court therefore erred in dismissing the DUI and serious injury by vehicle charges against him after he drove a large SUV into a crowded pedestrian crosswalk just outside the Georgia Dome, hitting and injuring a boy.

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On the evening of New Year’s Day, 2012, William Young drove a large sport utility vehicle into a crowded pedestrian crosswalk just outside the Georgia Dome, hitting and injuring a boy. Young was arrested and charged with crimes including less-safe driving under the influence DUI and serious injury by vehicle. After Young moved to suppress any statements made by him, the trial court dismissed the DUI and serious injury charges on the ground that police did not have probable cause to arrest him. On appeal from this ruling, the State argues that such probable cause did exist. We agree and reverse.

When the facts material to a motion to suppress are disputed, it generally is for the trial judge to resolve those disputes and determine the material facts. Hughes v. State, 296 Ga. 744, 746 1 770 SE2d 636 2015, citing Tate v. State, 264 Ga. 53, 54 1 440 SE2d 646 1994. Our Supreme Court has identified three corollaries of this principle of deference, which limit the scope of review in appeals from the grant or denial of a motion to suppress in which the trial court has made express findings of disputed facts:

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