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VAN AUKEN v. STATE

No. A10A0462.

697 S.E.2d 895 (2010)

VAN AUKEN v. The STATE.

Court of Appeals of Georgia.

July 6, 2010.

Attorney(s) appearing for the Case

Banks & Stubbs, Rafe Banks III, Cumming, for appellant.

Leslie C. Abernathy, Solicitor-General, Lynne S. Amos, Asst. Solicitor-General, for appellee.

BERNES, Judge.

After he was arrested during a traffic stop, Jason Van Auken filed a motion to suppress, arguing that the arresting officer lacked articulable suspicion to stop his vehicle for violating Georgia's "move-over" statute, which imposes a duty upon drivers to slow down or change lanes when approaching a stationary emergency vehicle with its flashing lights activated. OCGA § 40-6-16(a). The trial court denied the motion, concluding that while Van Auken...

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