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Baynes v. State

The officer had probable cause to arrest the defendant on suspicion of DUI.

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Following a bench trial, the State Court of DeKalb County found Todd Baynes guilty of driving under the influence of alcohol to the extent it was less safe to drive, OCGA § 40-6-391 a 1; and failure to stop at a stop sign, OCGA § 40-6-72 b. Baynes appeals, contending that “the trial court erred in finding that the arresting officer had probable cause to make an arrest of him for driving under the influence of alcohol.” Because the officer lacked probable cause to place him under arrest, Baynes contends, the trial court erred in denying his motion to exclude all evidence of the DUI arrest. 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.

In this case, it is undisputed that the officer stopped Baynes after seeing him commit a traffic offense, specifically, failing to stop at a stop sign. Because of this, the initial traffic stop was legally justified. See Steinberg v. State , 286 Ga. App. 417, 418 1 650 SE2d 268 2007 the stop of a vehicle is authorized after an officer observes a traffic offense. Then, Baynes’ flushed face, the smell of an alcoholic beverage on his breath, and his statement that he recently drank two beers justified a brief investigative inquiry to determine whether he had been driving under the influence of alcohol. Buchnowski v. the State , 233 Ga. App. 766, 767 1 505 SE2d 263 1998 smell of alcoholic beverage on a driver’s breath and the driver’s admission of drinking provide reasonable grounds to conduct a limited DUI investigation.

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