State v. Flores-Gallegos

Boggs, Judge.

The State of Georgia appeals from the trial court’s order suppressing Mario Flores-Gallegos’ Intoxilyzer test results. The court concluded that Flores-Gallegos “did not give actual, knowing and voluntary consent to the administration of the State’s breath test.” For the following reasons, we remand this case for the trial court to consider the motion to suppress under the proper standard.

When reviewing the trial court’s ruling on a motion to suppress, this court applies the following principles:

First, when a motion to suppress is heard by the trial judge, that judge sits as the…