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Adcock v. State

The record belied the defendant's contention that the officer, who testified at the hearing, was not the same officer, who first detained him.

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Following a bench trial, the State Court of Cobb County found James Adcock guilty beyond a reasonable doubt of driving under the influence of alcohol while having an alcohol concentration of 0.08 grams or more, in violation of OCGA § 40-6-391 a 5. Adcock appeals, contending that the trial court erred in denying his motion to suppress evidence seized as a result of a traffic stop. Finding no error, we affirm. “When the evidence is uncontroverted and no question of witness credibility is presented, the trial court’s application of the law to undisputed facts in ruling on a motion to suppress or a motion in limine is subject to de novo appellate review.” Citation and punctuation omitted. State v. Tousley , 271 Ga. App. 874 611 SE2d 139 2005.

The record shows the following undisputed facts. Just before midnight on October 11, 2007, a concerned motorist called 911 and said that he had seen a black Toyota Tacoma that was heading north on Canton Road going “all over the road” and then hitting a curb in the drive-through lane of a McDonald’s restaurant. Based on this, the caller suspected that the driver might be impaired. The caller reported the Tacoma’s tag number and said that the Tacoma had pulled out of the McDonald’s, which was closed, and was headed toward a nearby Taco Bell restaurant. A dispatcher broadcast the information to officers who were on patrol, and several responded. The responding officers and the caller converged behind the Tacoma in the Taco Bell parking lot. The caller confirmed that the Tacoma was the same car he had seen weaving and striking the curb. The ensuing DUI investigation resulted in Adcock’s arrest.

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