Whitmore v. State

Blackburn, Presiding Judge.

Following a stipulated bench trial, Alexia Whitmore appeals her conviction for DUI (less safe),* 1 impeding traffic, 2 and possessing an open container in a vehicle. 3 Her sole enumeration of error is that the trial court erred in denying her motion to suppress evidence discovered during an encounter with police. We hold that the evidence supported a finding that this was only a first-tier encounter that required no reasonable suspicion of criminal activity, and that even if this were a second-tier encounter, Whitmore’s act of impeding traffic provided the officer…