A Henry County jury found Bobbie Jean Maddox guilty of DUI less safe driver and DUI excessive BAC.1 She appeals, claiming error in the trial court’s denial of her motion to suppress; in addition, she claims the trial court entered into the prosecution of the instant case by ordering that a new accusation be filed and a new prosecution be undertaken. Upon review, we find these contentions meritless and affirm. 1. Maddox claims that suppression of evidence was warranted because a the stop of her vehicle was improper, and b she was denied her right to an independent chemical test pursuant to implied consent laws. We find no merit in either of these contentions. In reviewing the denial of a motion to suppress, we construe the record to uphold the trial court’s findings and judgment. The trial court’s findings on issues of credibility and conflicting evidence are to be upheld unless they are clearly erroneous. Further, because the trial court is the trier of fact, its findings are analogous to a jury verdict and will not be disturbed if any evidence supports them.2 a In this case, Georgia State Patrol Trooper J. Wynn was aiding with traffic control at the conclusion of a race at the Atlanta Motor Speedway. As Maddox was exiting the Speedway grounds, her vehicle was in the traffic lane that was being waved through by Wynn. The trial court found as a matter of fact that when Maddox’s car came by Trooper Wynn, “the driver’s side of the car then hit the officer’s right arm and hand and knocked loose the flashlight that he had been holding. When Maddox failed to stop the car, Trooper Wynn pursued her on foot.” When Wynn made contact with Maddox, he smelled a strong odor of alcoholic beverage. Subsequent investigation led to Maddox’s arrest for DUI.
Maddox’s striking of Trooper Wynn with her vehicle was a battery, and an officer may stop a vehicle on the good faith belief that a crime has been committed in his presence. “So long as the stop was based upon conduct the officer observed, not on a mere ‘hunch,’ and it was not pretextual, arbitrary, or harassing, an officer may act on a legitimate concern for public safety in stopping a driver.”3 Whether the battery was accidental, indicative of impairment, or for some other reason unknown at the time, Wynn had the duty to investigate why Maddox struck him with her vehicle. “An investigative stop can be utilized to determine if a law is being broken.”4 While Maddox directs this Court’s attention to defense evidence showing that, in fact, Trooper Wynn struck Maddox with his flashlight as he was directing traffic, this evidence goes to the credibility of witnesses which is within the province of the trier of fact. The trial court determined that Trooper Wynn had a reasonable, good faith belief that Maddox hit him with her car. Since the Trooper’s testimony supports that finding, we will not disturb it, and the stop of Maddox’s vehicle was proper.
