Following a stipulated bench trial, Gary Hall Ivey appeals his conviction for driving with an unlawful alcohol concentration DUI per se.1 Specifically, he contends that the trial court erred in denying his motion to suppress evidence discovered during a traffic stop because the stop was not supported by reasonable suspicion of criminal activity. For the reasons set forth below, we affirm. The standard of review of a trial court’s ruling on a motion to suppress is well established. When ruling on a motion to suppress, the trial court sits as the trier of facts, and its findings regarding them are not disturbed on appeal if there is any evidence to support them; the trial court’s decisions with regard to questions of fact and credibility must be accepted unless clearly erroneous, and a reviewing court construes the evidence most favorably to the trial court’s findings. Punctuation omitted. Whitmore v. State .2
So construed, the evidence shows that on the night of September 16, 2008, a police officer on patrol observed a pickup truck driven by Ivey pull out of a shopping center parking lot onto the state highway just ahead of the officer. As the officer caught up to Ivey’s truck, Ivey abruptly applied his brakes, for no apparent reason, and turned back into the shopping center’s parking lot at the next entrance. Although he did not follow Ivey into the shopping center parking lot, the officer turned right at the next intersection in order to continue observing him. While doing so, the officer saw Ivey make a left turn out of a different entrance to the parking lot and then a right turn back onto the state highway. The officer then turned back onto the highway and began following Ivey. A few moments later, the officer noticed that Ivey, again, abruptly applied his brakes for no apparent reason and drifted from the left side of his lane to the right side to the extent that his right rear-view mirror and part of the body of his truck crossed into the fog line. Believing that Ivey’s erratic driving indicated that he was possibly under the influence of alcohol, the officer initiated a traffic stop of Ivey’s truck. Following that stop, the officer arrested Ivey for DUI and failure to operate his vehicle within a single lane.
