Polizzotto v. State

MlKELL, Judge.

Jeffrey Polizzotto was charged with driving under the influence of alcohol (“DUI”) to the extent that he was a less safe driver, OCGA § 40-6-391 (a) (1), and “laying drags” in violation of OCGA § 40-6-251. Prior to trial, Polizzotto filed a motion to suppress evidence of his field sobriety evaluations based on alleged Miranda violations. The trial court denied the motion to suppress. At the conclusion of a jury trial, Polizzotto was convicted of both offenses. He appeals, arguing that the trial court erred by denying the motion to suppress, by instructing the jury during the…