State v. Burke

SMITH, Presiding Judge.

The State appeals from the grant of Michael M. Burke’s motion to suppress evidence gathered following the stop of his vehicle and subsequent arrest for DUI — less safe (OCGA § 40-6-391 (a) (1)). The trial court ruled that there was insufficient evidence of impairment and no testimony to suggest that Burke was a less safe driver. For the following reasons, we reverse.

“Where, as here, the salient facts relating to the traffic stop are undisputed and no question regarding the credibility of witnesses is presented, the trial court’s application of the law to the undisputed…