Pilkenton v. State

Ellington, Judge.

Cynthia Pilkenton appeals from her conviction in the State Court of Spalding County of driving under the influence of alcohol while having a blood alcohol concentration of 0.10 grams 1 or more, OCGA § 40-6-391 (a) (5). Because the trial court erred in denying Pilkenton’s motion to suppress, we reverse.

In reviewing a motion to suppress, we construe the evidence most favorably to uphold the findings and judgment of the trial court, and the court’s findings on disputed facts and witness credibility will be adopted unless they are clearly erroneous. Redd v. State, 229 Ga. App.…