Brown v. City of Marietta

Birdsong, Presiding Judge.

Frank L. Brown has filed a direct appeal under OCGA § 5-6-34 (a) of his conviction for driving under the influence of alcohol. He contends the trial court erred by denying his motion to suppress and motion in limine to suppress the results of a breath test, and the superior court erred by affirming the trial court. Brown alleges the arresting officer lacked probable cause for his arrest and the videotape of his arrest, made by the police car’s video camera, shows he was not under the influence at the time of his arrest. Held:

1. Brown filed a direct appeal in this…