Sapp v. State

Sognier, Judge.

In Sapp v. State, 184 Ga. App. 527 (362 SE2d 406) (1987), we affirmed the judgment convicting Jake Sapp of violation of OCGA § 40-6-391 (a) (4) (the per se offense of operating a moving vehicle while having 0.12 percent or more by weight of alcohol in the blood), but remanded the case with direction that the trial court conduct a hearing on Sapp’s pre-trial motion to suppress in which Sapp asserted no probable cause existed for his arrest. Id. at 531. The trial court ruled adversely to Sapp’s motion and Sapp appeals pursuant to this court’s express grant. Id.

Wayne Howell, a…