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Richards v. State

Defendant's violation of O.C.G.A. § 40-6-240, by backing up 50 feet, justified the traffic stop which led to his DUI arrest.

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Charles H. Richards, Jr. appeals from the DUI conviction entered in the City Court of Atlanta on August 30, 2001. Richards contends the trial court erred in denying his motion to suppress. 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 with regard to the interpretation of the trial court’s judgment of the facts. 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 it. 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.

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