State v. Smith

Carley, Chief Judge.

Appellee was arrested and charged with driving under the influence in violation of OCGA § 40-6-391 (a) (1). He filed a pre-trial motion to suppress. The trial court granted appellee’s motion and the State appeals.

The officers testified that they had originally stopped appellee’s motorcycle to investigate a possible license plate violation and the trial court correctly found that this stop was authorized. See generally Freeman v. State, 194 Ga. App. 303 (1) (390 SE2d 300) (1990). However, the trial court found that appellee’s subsequent arrest for driving under the…