Thomas v. State

Ellington, Judge.

Following a bench trial, the State Court of Henry County found Matthew Thomas guilty of driving while under the influence of alcohol to the extent it was less safe to drive, OCGA § 40-6-391 (a) (1); failure to maintain a lane, OCGA § 40-6-48; and improper passing on the right, OCGA § 40-6-43 (b). Thomas appeals, contending that the trial court erred in denying his motion to suppress. Finding no error, we affirm.

Because the trial court sits as the trier of fact when ruling on a motion to suppress or a motion in limine, its findings based upon conflicting evidence are analogous…