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Brown v. State

The arresting officer had probable cause to stop defendant based on his receipt of a radio dispatch that a suspected drunk driver was driving a vehicle that matched the description of defendant's truck.

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Kim Lynn Brown appeals his conviction for driving while under the influence of alcohol, OCGA § 40-6-391 a 5. Finding no error, we affirm.

1. Brown contends the trial court erred in denying his motion to suppress the results of his breath-alcohol tests, asserting that the officer who conducted the traffic stop lacked the requisite articulable suspicion to make the stop. On appeal, we view the trial court’s ruling on a motion to suppress in the light most favorably to uphold the trial court’s decision. Givens v. State, 218 Ga. App. 415, 417 1 461 SE2d 579 1995. When the facts are not in conflict, “this Court’s responsibility in reviewing the trial court’s decision on a motion to suppress is to ensure that there was a substantial basis for the decision.” Citations and punctuation omitted. State v. Wright, 221 Ga. App. 202, 204 1 470 SE2d 916 1996.

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