State v. Adams

Beasley, Judge.

The State appeals pursuant to OCGA § 5-7-1 (4) from the grant of defendant’s motion to suppress the results of an intoximeter test and testimony about it. The case charges defendant with driving under the influence of an intoxicant. OCGA § 40-6-391 (1). The core ground for the motion was that the officer stopped defendant without a “founded suspicion” or an “articulable reason.” Probable cause to arrest without a warrant is thus not at issue, except insofar as it must be based on a valid stop in the first place.

Only the arresting officer and defendant testified at the motion…