Przyjemski v. State

Krystian Przyjemski was convicted in a bench trial of driving under the influence of alcohol and improper passing. He asserts as his sole argument on appeal that the trial court erred in denying his motion to suppress evidence because the officer lacked reasonable, articulable suspicion to initiate a traffic stop of his vehicle. “In reviewing the trial court’s order on a motion to suppress, we construe the evidence most favorably to the upholding of the trial court’s findings and judgment. We review the trial court’s factual findings for clear error, but we review de novo the application of the law to those facts.” Footnotes omitted. State v. Cooper , 260 Ga. App. 333 579 SE2d 754 2003.

Shortly after midnight on August 12, 2005, Officer Johnny R. Lynn, Jr. of the Carrollton Police Department was driving his patrol car when he saw Przyjemski’s car pass a van on a solid yellow line. In order to pass, Przyjemski crossed the yellow line into a turning lane and went around the van. Przyjemski was not speeding at the time. Lynn initiated a traffic stop and after conducting field sobriety tests, placed Przyjemski under arrest for DUI. At the suppression hearing, Przyjemski said that he decided to pass the van because it was going 10 m.p.h. or less in a 35 m.p.h. zone. He admitted, however, that he knew there was a solid yellow line, which meant “do not pass.”