Darwicki v. State

Ellington, Judge.

Following a bench trial, the State Court of Cobb County found Tina Darwicki guilty of driving under the influence of alcohol, OCGA § 40-6-391 (a), and improperly parking on the roadway, OCGA § 40-6-202.1 Darwicki appeals from the judgment of conviction, challenging the sufficiency of the evidence, and contending the court erred in denying her motion to suppress. For the following reasons, we affirm in part and reverse in part.

1. Where, as here, the evidence at a hearing on a motion to suppress is uncontroverted and no question of witness credibility is presented, we review…