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Nelson v. State

The arresting officer's concern that a fight was about to break out in defendant's moving vehicle provided probable cause for a traffic stop.

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David L. Nelson appeals from the trial court’s denial of his motion to suppress and in limine and motion for new trial after entry of judgment of conviction following the jury’s verdict of guilty of driving with an unlawful level of alcohol OCGA § 40-6-391 a 5 and violation of possession of marijuana OCGA § 16-13-2 b.1

Nelson contends that the trial court erred in denying his motion to suppress and in limine regarding the results of his Intoximeter tests and the marijuana found on him after his arrest, arguing that the stop was not authorized under Terry v. Ohio, 392 U. S. 1 88 SC 1868, 20 LE2d 889 1968.

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