State v. Calhoun

Smith, Presiding Judge.

Jacquie Somer Calhoun was arrested and charged by accusation with DUI, OCGA § 40-6-391 (a) (1) and (k) (1); underage possession of alcohol, OCGA § 3-3-23 (a) (2); and improper turn, OCGA § 40-6-120 (a) (2). The State appeals from an order granting Calhoun’s “Motion to Dismiss and/or in the Alternative to Suppress Evidence of Defendant’s Purported Implied Consent Refusal.” We agree with the State that the trial court erred in finding a “problem” with the stop of Calhoun’s vehicle sufficient to grant her motions.

The evidence presented at the hearing on Calhoun’s motion…