State v. Mosley

Dillard, Judge.

The State of Georgia appeals from the trial court’s order granting Sean L. Mosley’s motion to suppress evidence obtained on the night of his arrest for driving under the influence of alcohol in violation of OCGA § 40-6-391 (a) (1). Because we conclude that the trial court erred in suppressing the evidence, we reverse.

We begin by noting that, on appeal from a ruling on a motion to suppress, we defer to the trial court’s factual findings and credibility determinations, but review de novo the court’s application of the law to the undisputed facts.1 And significantly, to the extent…