Loden v. State

JOHNSON, Presiding Judge.

Following a bench trial, a judge found Michael Loden guilty of driving under the influence of alcohol to the extent that he was a less safe driver. Loden appeals, contending the trial court erroneously concluded that Miranda warnings were not required because he was not “in custody” at the time of the field sobriety tests. We find no error and affirm Loden’s conviction.

Viewed in a light most favorable to support the judgment, the evidence shows that a trooper with the Georgia State Patrol observed Loden traveling at a high rate of speed. The trooper confirmed that…