State v. Leviner

Birdsong, Presiding Judge.

The State appeals from the order of the trial court sustaining appellee/defendant Michael R. Leviner’s motion in limine and motion to exclude in this DUI case. Held:

1. A motion in limine is closely related to a motion to suppress. Ga. Crim. Trial Prac. (1993 ed.), § 14-52. The same appellate rules as to factfinding and witness credibility determination apply in both types of hearings. “ ‘ “ ‘Factual and credibility determinations made by a trial judge after a suppression hearing [or a motion in limine hearing to exclude evidence] are accepted by appellate courts…