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Mayberry v. State

Undisputed evidence that the defendant veered toward the opposing lane of traffic and failed to maintain her lane, combined with other undisputed evidence that she consumed alcohol, established probable cause for her arrest.

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Terry Elizabeth Mayberry filed a motion in limine and motion to suppress in which she alleged that the police lacked probable cause to arrest her for driving under the influence of alcohol. She sought the exclusion of any testimony or other evidence regarding the State-administered breath test administered after her arrest. Following an evidentiary hearing, the trial court denied the motions, and Mayberry thereafter was convicted of driving with an alcohol concentration of .08 grams or more within three hours of driving. On appeal, she contends that the trial court should have granted her motion in limine and motion to suppress. We disagree and affirm. “Where, as here, the salient facts relating to the traffic stop are undisputed and no question regarding the credibility of witnesses is presented, the trial court’s application of the law to the undisputed facts is subject to de novo appellate review.” Frederick v. State , 270 Ga. App. 397, 397-398 606 SE2d 615 2004.

The undisputed facts are as follows. On October 3, 2009, at approximately 11:00 p.m., a police sergeant was driving eastbound in his patrol car on Atlanta Highway in Oconee County. As the sergeant negotiated a curved section of the highway, a vehicle driving westbound approached the curve and veered towards his lane of travel. The driver and sole occupant of the vehicle was Mayberry. After the sergeant passed Mayberry’s vehicle, he looked in his rearview mirror and observed the left-side tires of the vehicle cross over the double yellow lines in the center of the highway by at least one foot. The sergeant then turned his patrol car around and initiated a traffic stop of Mayberry’s vehicle.

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