Davis v. State

Ellington, Judge.

Following a bench trial on stipulated facts, a judge of the State Court of Gwinnett County found Michelle M. Davis guilty of driving under the influence of alcohol, OCGA § 40-6-391 (k) (driver under 21 years of age, alcohol concentration of 0.02 grams or more); and of failing to maintain her lane, OCGA § 40-6-48. Davis appeals from the judgment of conviction, contending the trial court erred in refusing to suppress the results of her Intoxilyzer 5000 alcohol breath test. For the following reasons, we affirm.

“We will not disturb the trial court’s order on a motion to suppress…