Smith v. State

Phipps, Judge.

Following a bench trial in which he was found guilty of driving under the influence, speeding, and possessing an open container of alcohol, Danny Smith, Sr. appeals the trial court’s denial of his motion to suppress the results of a breath test. For the reasons outlined below, we affirm.

We must abide by the following three principles when reviewing a trial court’s order concerning a motion to suppress evidence:

First, the judge sits as the trier of facts. The trial judge hears the evidence, and his findings based upon conflicting evidence are analogous to the verdict of a jury…