Jennifer Butler was charged by accusation with driving under the influence of alcohol to the extent she was a less safe driver DUI, in violation of OCGA § 40-6-391 a 1. Butler filed a motion to suppress/motion in limine, challenging the lawfulness of the stop. After the trial court denied her motion, Butler agreed to a bench trial, at which the officer’s testimony at the motion to suppress hearing was admitted by stipulation. Butler offered no additional evidence during the bench trial. She was convicted of DUI and sentenced to 12 months, the first 48 hours to be served in confinement and the remainder on probation, a $500 fine, 40 hours of community service, and completion of a risk reduction course and clinical evaluation. On appeal, Butler challenges the denial of her motion to suppress/motion in limine. That motion was premised on Butler’s contention that the officer did not have a reasonable, articulable suspicion justifying a Terry 1 stop of Butler’s vehicle. The trial court, after hearing the officer’s testimony, found that no Terry stop had occurred and the contact between officer and citizen was a “first-tier stop,” which did not require articulable suspicion. We agree and affirm Butler’s conviction. In reviewing a trial court’s ruling denying a motion to suppress or in limine, the following three principles apply: First, when a motion to suppress is heard by the trial judge, that judge sits as the trier of facts. The trial judge hears the evidence, and his findings based upon conflicting evidence are analogous to the verdict of a jury and should not be disturbed by a reviewing court if there is any evidence to support them. Second, the trial court’s decision with regard to questions of fact and credibility must be accepted unless clearly erroneous. Third, the reviewing court must construe the evidence most favorably to the upholding of the trial court’s findings and judgment.2 Because there was testimonial evidence in this case, we do not apply a de novo standard of review.3
At the motion hearing, Staff Sergeant Thomas Harper of the Columbia County Sheriff’s Office testified that on October 13, 2008, he was dispatched in response to a 911 call concerning a domestic dispute at 921 Napiers Post Drive. As Harper approached, he saw a gray car pull out of the driveway at that address and come up the road. Harper rolled down his window, stuck his arm out, and waved at the car. The car stopped, and Harper asked the driver, Butler, if she had just pulled out of the driveway of 921 Napiers Post. She replied that she had. Harper testified that at this point, I was trying to investigate a domestic dispute. I didn’t know if Butler was a suspect that was involved in the domestic dispute or if she happened to be just company that was there and happened to leave and didn’t know anything about it so I asked her point blank. I said are you we got a call for a domestic dispute were you involved and she said, yeah. I said do you mind turning around, let’s go back and get to the bottom of it. She said, no, I don’t mind at all. So she turned around and went back to the house. Harper testified that at this point, Butler was not in custody.
