State v. Stewart

Miller, Judge.

Prior to his trial on a DUI charge, Matthew Alan Stewart moved to suppress evidence relating to the breathalyzer test administered to him, based upon his alleged failure to understand the implied consent warnings given by police. The trial court granted that motion, and the State filed this appeal pursuant to OCGA § 5-7-1 (a) (4). Finding that the trial court failed to apply the relevant law, we reverse.

In reviewing a trial court’s decision on a motion to suppress where, as here, “the evidence was uncontroverted and no question regarding the credibility of witnesses was…