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Bostic v. State

The officer did not have probable cause to arrest the defendant for DUI less safe and the trial court therefore erred in denying his motion to suppress the results of his alcohol breath test obtained as a result of that arrest.

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Perry Bostic appeals from an order of the Laurens County Superior Court denying Bostic’s motion to suppress the results of his alcohol breath test, which were obtained following Bostic’s arrest for DUI less safe.1 Specifically, Bostic contends that the trial court erred in finding that police had probable cause to arrest him for DUI. We agree and therefore reverse the order of the trial court.

The evidence in this case was uncontested and consisted of the testimony of the arresting officer and a videotape of the traffic stop of Bostic’s car and his subsequent arrest. Moreover, on appeal Bostic does not dispute any factual findings made by the trial court in its order denying his motion to suppress. Rather, he contends that the trial court erred as a matter of law in finding that these facts provided probable cause to arrest Bostic for DUI. Accordingly, because there are no disputed facts, we review de novo the trial court’s application of the law to those facts. Williams v. State, 318 Ga. App. 715 734 SE2d 535 2012. See also Silva v. State, 278 Ga. 506, 507 604 SE2d 171 2004.

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