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Chamberlain v. State

A non-functioning tag light on the defendant's vehicle provided the arresting officers with probable cause for a traffic stop.

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Appellant Charles Chamberlain was convicted for driving while under the influence of alcohol. On appeal, he contends that the trial court erred in denying his motion to suppress evidence seized as a result of an unlawful traffic stop. We disagree and affirm. The pertinent facts of this case are undisputed. Accordingly, on appeal we conduct a de novo review of the trial court’ application of the law to the facts presented. Adcock v. State , __Ga. App.__, 1 Case No. A09A1519, decided July 10, 2009.

The record shows that at approximately 3:00 a.m. on May 5, 2006, two officers driving in a marked police vehicle passed Chamberlain’s vehicle as he drove in the opposite direction. Chamberlain caught the officers’ attention because he was “braking erratically” as he drove. The officers turned to follow Chamberlain and immediately noticed that his vehicle did not have an operational tag light. Based upon the tag light violation, the officers initiated a traffic stop.

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