State v. Brookbank

Bernes, Judge.

In this DUI case, the State of Georgia appeals the trial court’s order suppressing evidence of Walter Davie Brookbank’s refusal to submit to a state-administered chemical test of his breath. We agree that the evidence should have been admitted and therefore reverse the trial court.

The parties stipulated to certain facts for the purposes of this appeal and also submitted the videotaped recording of the traffic stop which was entered into evidence at the motion hearing. We conduct a de novo review of the trial court’s application of the law to the facts contained in the parties’…