Legal Opinion

Frederick v. State

Court of Appeals of Georgia

Decided November 9, 2004No. A04A1937PublishedCited by 20 opinions

1Opinion of the Court

Miller, Judge.

Following a bench trial, Nicky Joe Frederick was convicted of driving under the influence of alcohol. On appeal he contends that the police lacked probable cause to arrest him for DUI. We disagree and therefore affirm.

Where, as here, the salient facts relating to the traffic stop are undisputed and no question regarding the credibility of witnesses is presented, the trial court’s application of the law to the undisputed facts is subject to de novo appellate review. Vansant v. State, 264 Ga. 319, 320 (1) (443 SE2d 474) (1994). Moreover,

Decided November 9, 2004. Head, Thomas, Webb…

2Cases cited3 opinions

  1. Vansant v. StateSupreme Court of Georgia · 1994
  2. Cann-Hanson v. StateCourt of Appeals of Georgia · 1996
  3. State v. SledgeCourt of Appeals of Georgia · 2003

3Cited by20 opinions

  1. Parker v. StateCourt of Appeals of Georgia · 2010
  2. Steinberg v. StateCourt of Appeals of Georgia · 2007
  3. Durrance v. StateCourt of Appeals of Georgia · 2013
  4. Sultan v. StateCourt of Appeals of Georgia · 2008
  5. Hendrix v. StateCourt of Appeals of Georgia · 2005

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