Following a bench trial, the State Court of Cherokee County convicted Sherry Disharoon of driving under the influence of alcohol while having an alcohol concentration of 0.08 or more, OCGA § 40-6-391 a 5; DUI, less safe, OCGA § 40-6-391 a 1, which merged with the per se violation; and speeding, OCGA § § 40-6-181 b; 40-6-183. Disharoon appeals, challenging the trial court’s denial of her motion to suppress. Finding no error, we affirm. In reviewing the denial of a motion to suppress or in limine, we apply the following three principles. First, when a motion to suppress is heard by the trial judge, that 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 them. 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 favorably to the upholding of the trial court’s findings and judgment. Citations and punctuation omitted. Brittian v. State , 257 Ga. App. 729, 729-730 572 SE2d 76 2002. “The exclusion of evidence is an extreme sanction and one not favored in the law.” Citation omitted. Tew v. State , 246 Ga. App. 270, 272 1 539 SE2d 579 2000. Viewed in the light most favorable to the trial court’s ruling, the evidence showed that, just after midnight on October 5, 2002, a Cherokee County sheriff’s deputy stopped Disharoon for speeding after observing her driving approximately 65 miles per hour in a 45 m.p.h. zone. The officer discovered that Disharoon’s driver’s license had been suspended for insurance reasons. The officer determined that Disharoon’s only passenger was not licensed to drive and asked whether Disharoon could call someone to get her car. Disharoon expressed doubts about this and said, “I can walk home, if you don’t mind, please, sir.” The officer and Disharoon then had further conversation about her suspended license.
After writing up the speeding ticket, the officer asked Disharoon and her passenger to step out of the car. The officer patted Disharoon’s passenger for weapons and told him to let himself into the unlocked patrol car. The officer told Disharoon that he had called a wrecker for her car and said, “I am going to give you guys a ride home, okay” The officer then walked beside Disharoon to the rear of the patrol car. Disharoon made no further comment about walking home or calling for a friend.
