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Johnson v. State

The evidence supported the defendant's conviction for driving under the influence of alcohol, since the roadblock at which officers stopped him was proper, a search warrant affidavit established probable cause and the seizure of the defendant's blood pursuant to the warrant was lawful.

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Joseph Johnson was charged with driving under the influence of alcohol. He filed a motion to suppress evidence, which the trial court denied. Johnson then opted for a stipulated bench trial at which the trial court found him guilty of the charged offense and, because it was Johnson’s second DUI offense, imposed a 12-month sentence that included service of 10 days in jail. Johnson appeals from the judgment of conviction, challenging the denial of his motion to suppress. But contrary to Johnson’s claims, the record shows that the decision to implement the roadblock at which he was stopped had been properly made by a supervisor, a search warrant affidavit did establish probable cause and the seizure of his blood pursuant to the warrant was lawful. Accordingly, we affirm.

“In reviewing a trial court’s decision on a motion to suppress, we construe the evidence most favorably to uphold the findings and judgment, and the trial court’s findings on disputed facts and credibility of the witnesses are adopted unless they are clearly erroneous. Further, because the trial court is the trier of fact, its findings are analogous to a jury verdict and will not be disturbed if any evidence supports them.” Citation omitted. Lewis v. State, 317 Ga. App. 391 730 SE2d 757 2012.

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