Fisher v. State

ELDRIDGE, Judge.

Following a bench trial upon facts adduced at its motion to suppress hearing stipulated by the parties, the State Court of Cobb County convicted Steven Edward Fisher of a single count of having a blood alcohol level of 0.08 or greater within three hours of driving (OCGA § 40-6-391 (a) (5)). He was sentenced to twelve months confinement to serve one day, the remainder probated, and a $500 fine. Fisher appeals, contending that the state court erred in denying his motion to suppress, the police having stopped his vehicle upon information which, as false, was insufficient to show…