STATE v. DAMATO

No. A10A0274.

690 S.E.2d 478 (2010)

The STATE v. DAMATO.

Court of Appeals of Georgia.

January 29, 2010.


Attorney(s) appearing for the Case

Rosanna M. Szabo, Solicitor-General, Jeffrey P. Kwiatkowski, Nicholas J. Carse, Asst. Solicitors-General, for appellant.

Mark Cody Burton, for appellee.


JOHNSON, Presiding Judge.

In this case, the state appeals the trial court's order finding the officer did not have probable cause to arrest Maria Damato and granting Damato's motion to suppress the result of a state-administered breath test. Because we find no error, we affirm the trial court's order.

When reviewing a trial court's order on a motion to suppress, we must construe the evidence most favorably to uphold the findings and judgment of the trial court...

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