Atkins v. State

Cooper, Judge.

Appellant pled guilty to driving under the influence in violation of OCGA § 40-6-391 (a) (4), reserving his right to appeal the trial court’s denial of his motion to suppress.

Evidence presented at the hearing on the motion to suppress shows that Officer James Walker, while eating breakfast at a restaurant, noticed appellant leave and walk approximately 100 to 150 feet to his vehicle in the parking lot. Walker noticed that appellant was very unsteady and swaying, although he was not staggering to the point of falling down. Walker had been an officer for 18 years, had arrested 500…