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Childress v. State

The officer's observations of defendant, combined with defendant's admissions that he was driving a car which appeared to have run off the road and that he had consumed several beers, provided probable cause for defendant's arrest.

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Jason Michael Childress was charged with the offenses of driving under the influence of alcohol to the extent he was a less safe driver OCGA § 40-6-391 a 1, driving with more than 0.10 per cent blood alcohol content OCGA § 40-6-391 a 5, reckless driving OCGA § 40-6-390, and failure to maintain lane OCGA § 40-6-48. Childress moved to suppress all evidence obtained during his arrest, arguing that the arresting officer didn’t have probable cause to stop and arrest him and that he was not read his implied consent warnings. After a hearing, the trial court denied Childress’s motion to suppress. Following a bench trial, the trial court found Childress guilty of DUI-less safe driver and failure to maintain lane. It is from this conviction that Childress appeals. Finding no error, we affirm.

1. Childress enumerates as error the denial of his motion to suppress. On appeal Childress’s sole argument is that his arrest was without probable cause.

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