Allen v. State

Eldridge, Judge.

On February 25, 1996, at approximately 2:00 a.m. Officer Shawn R. Witmer, Clayton County Police Department, stopped Garth Desmond Allen, defendant-appellant, on Old National Highway for driving a 1995 Peterbilt tractor trailer at 77 mph in a 55 mph zone, as shown on the officer’s high Doppler radar unit. While conducting the investigation for speeding, Officer Witmer noted that the defendant’s eyes were glassy, red, and bloodshot and that he had a strong odor of alcohol on his breath and person. The defendant voluntarily submitted to a field sobriety test, which indicated…