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Cullingham v. State

Officer's testimony that he read defendant the 1997 implied consent law for suspects over age 21 twice was sufficient to show that he in fact informed defendant of his implied consent rights.

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Following a bench trial, Sidney Cullingham was found guilty of driving with an unlawful blood alcohol level Count 2 and driving under the influence of alcohol to the extent that it was less safe for him to drive Count 1. The court merged Count 1 with Count 2 for sentencing. On appeal, Cullingham challenges the denial of his motion to suppress, the sufficiency of the evidence that he was a less safe driver, and the finding that he was properly advised of his implied consent rights. We discern no error and affirm the conviction.

1. Cullingham argues that the alco-sensor and blood test should have been suppressed. We will not disturb a trial court’s findings on a motion to suppress if there is any evidence to support them.1

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