Cunningham v. State

Pope, Presiding Judge.

Defendant David Cunningham was convicted following a bench trial of driving under the influence of alcohol in violation of OCGA § 40-6-391 (a) (1), and appeals.

1. In his first enumeration defendant argues that there was no probable cause to warrant his arrest for driving under the influence, and therefore, that the trial court erred in denying defendant’s motion to dismiss. We find this argument to be meritless. The record in this case shows that on July 17, 1993, Officer Gay of the Millen Police Department was dispatched to The Country Store in response to two calls the…