X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

A Gwinnett County jury found Mychal H. Walker guilty of DUI —less safe driver. He appeals and contends solely that the trial court erred in denying his motion to suppress evidence of his “refusal” to submit to a breath test. His several claims are each premised on the fact that the air flow sensor on the Intoxilyzer 5000 EN machine is not calibrated to produce an accurate numeric air flow volume. Finding no error, we affirm. When an appellate court reviews a trial court’s order concerning a motion to suppress evidence, the appellate court should be guided by three principles. First, the trial judge sits as the trier of facts. The trial judge hears the evidence, and his findings based upon conflicting evidence are analogous to the verdict of a jury and should not be disturbed by a reviewing court if there is any evidence to support the findings. Second, the trial court’s decision with regard to questions of fact and credibility must be accepted unless clearly erroneous. Third, the reviewing court must construe the evidence most favorable to uphold the trial court’s findings and judgment.1 In reviewing a trial court’s decision on a motion to suppress, all relevant evidence of record, including trial testimony as well as the testimony offered at the suppression hearing, may be considered.2 With these principles in mind, the evidence shows that the DUI charge arose after Walker was stopped at 2:30 a.m. pursuant to a routine sobriety-check roadblock erected at the intersections of Peachtree Industrial and Holcomb Bridge Road. A strong odor of alcohol, slurred speech, and bloodshot eyes led to a request for voluntary performance of field sobriety exercises and Walker’s acquiescence in their performance; the results of the exercises led to Walker’s arrest for driving under the influence of alcohol.

The arresting officer in this case, S. Schunk, is a POST-certified veteran with the Gwinnett County Police Department’s DUI force who has investigated “thousands” of potential DUI suspects. Schunk testified that, following Walker’s arrest and the reading of implied consent, Walker

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
July 11, 2024
New York, NY

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


Learn More
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
August 12, 2024 - August 13, 2024
Sydney, New South Wales

General Counsel Summit is the premier event for in-house counsel, hosting esteemed legal minds from all sectors of the economy.


Learn More

COLE SCHOTZ P.C. TRUSTS & ESTATES ADMINISTRATIVE ASSISTANT: NEW JERSEY OR NEW YORK OFFICES: Prominent mid-Atlantic la...


Apply Now ›

Post & Schell's Casualty Litigation Department is currently seeking an attorney with 2- 4 years of litigation experience, preferably in ...


Apply Now ›

A client focused Atlanta Personal Injury Law Firm is seeking an experienced, highly motivated, and enthusiastic personal injury attorney who...


Apply Now ›
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›