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Pilkenton v. State

The arresting officer misled defendant with regard to her implied consent rights by telling her that she was required to submit to a blood test due to the severity of a 2-car accident since there was no evidence that either driver involved in the accident suffered a fractured bone or disfigurement.

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Cynthia Pilkenton appeals from her conviction in the State Court of Spalding County of driving under the influence of alcohol while having a blood alcohol concentration of 0.10 grams1 or more, OCGA § 40-6-391 a 5. Because the trial court erred in denying Pilkenton’s motion to suppress, we reverse.

In reviewing a motion to suppress, we construe the evidence most favorably to uphold the findings and judgment of the trial court, and the court’s findings on disputed facts and witness credibility will be adopted unless they are clearly erroneous. Redd v. State, 229 Ga. App. 364, 365 494 SE2d 31 1997. But “where the evidence is uncontroverted and no question regarding the credibility of witnesses is presented, the trial court’s application of the law to undisputed facts is subject to de novo appellate review.” Citations omitted. Vansant v. State, 264 Ga. 319, 320 1 443 SE2d 474 1994.

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