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State v. Jennings

The evidence authorized the trial court to find that the State had shown the presence of alcohol in the defendant's body, but had failed to show that the defendant was under the influence of alcohol to a degree which rendered him incapable of driving safely.

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The state appeals from the trial court’s order granting a motion to suppress evidence seized after an unlawful arrest. Because the evidence presented at the suppression hearing supports that trial court’s finding that the arresting officer did not have probable cause to suspect the defendant of driving under the influence of alcohol to the extent that he was a less safe driver, trial court’s decision is not clearly erroneous and we affirm.

When reviewing a trial court’s order on a motion to suppress, we must construe the evidence most favorably to uphold the findings and judgment of the trial court, and we review de novo the trial court’s application of the law to undisputed facts. Handley v. State, 294 Ga. App. 236 668 SE2d 855 2008. Moreover, the trial court’s decisions with regard to questions of fact and credibility must be accepted unless they are clearly erroneous, and we will not disturb these decisions if there is any evidence to support them. State v. Ellison, 271 Ga. App. 898 1 611 SE2d 129 2005.

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