State v. Ellison

MlKELL, Judge.

After being charged with driving under the influence of alcohol in violation of OCGA§ 40-6-391 (a) (1) (less safe) and OCGA§ 40-6-391 (a) (5) (per se), James Ellison moved to suppress the results of a breath test because the officer lacked probable cause to arrest him and request such a test. After holding an evidentiary hearing in which only the arresting officer testified, the trial court granted Ellison’s motion to suppress. The state appeals. We affirm for the reasons set forth below.

1. We must abide by the following three principles when reviewing a trial court’s order…