STATE v. BURKE

No. A09A0375.

680 S.E.2d 658 (2009)

The STATE v. BURKE.

Court of Appeals of Georgia.

June 30, 2009.


Attorney(s) appearing for the Case

Lee Darragh, Dist. Atty., John G. Wilbanks, Jr., Asst. Dist. Atty., for appellant.

Jeffrey L. Wolff, Dahlonega, for appellee.


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...

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