Murray v. State

Ruffin, Chief Judge.

Following a bench trial, the trial court found Richard Bryan Murray guilty of driving under the influence. In his sole enumeration of error on appeal, Murray challenges the trial court’s denial of his motion to suppress. As we find the trial court erred in denying the motion, we reverse.

On appeal from a motion to suppress, we will uphold the trial court’s factual findings unless clearly erroneous. Where, however, the evidence is not disputed, we review the trial court’s application of the law to the facts de novo. Viewed in this manner, the evidence shows that on October…