Allenbrand v. State
| Citation | 458 S.E.2d 382,217 Ga.App. 609 |
| Decision Date | 31 May 1995 |
| Docket Number | No. A95A0016,A95A0016 |
| Parties | ALLENBRAND v. The STATE. |
| Court | United States Court of Appeals (Georgia) |
James H. Carter, Jr., Atlanta, for appellant.
Benjamin F. Smith, Jr., Sol., Cindi Yeager, Asst. Sol., Barry E. Morgan, Asst. Sol., Marietta, for appellee.
Ray Allenbrand was charged by accusation with driving under the influence of alcohol, OCGA § 40-6-391, failure to maintain lane, OCGA § 40-6-48, and no proof of insurance, OCGA § 40-6-10. A jury convicted Allenbrand on the charge of driving under the influence. His motion for new trial was denied and he appeals.
1. Allenbrand first asserts the trial court erred in denying his motion to suppress, contending the stop of his vehicle was pretextual and made without probable cause or reasonable suspicion. "When we review a trial court's decision on a motion to suppress, the evidence is construed most favorably to uphold the findings and judgment of the trial court; the trial court's findings on disputed facts and credibility are adopted unless they are clearly erroneous and will not be disturbed if there is any evidence to support them." (Citations and punctuation omitted.) Barrett v. State, 212 Ga.App. 745, 746, 443 S.E.2d 285 (1994).
Construed in favor of the trial court's ruling, the evidence shows the arresting officer was on patrol in eastern Cobb County when he observed a vehicle in front of him The vehicle did this "on several occasions." When the vehicle's left tires actually crossed into the adjoining lane, the officer pulled the vehicle over.
(Citations and punctuation omitted.) Guerrero v. State, 198 Ga.App. 397(1), 401 S.E.2d 749 (1991).
Allenbrand insists his acquittal on the failure to maintain lane charge invalidates the stop. At trial, Allenbrand's counsel provided a copy of OCGA § 40-6-48 to the arresting officer, then elicited testimony from the officer that "according to what he just read," Allenbrand did not violate OCGA § 40-6-48, because he did not pose a danger to other traffic at the time his left tires crossed into the other lane. However, the officer's opinion at trial is irrelevant here. Whether a citation is issued is "of no consequence" in determining the officer's probable cause to stop the vehicle. Hines v. State, 214 Ga.App. 476, 477, 448 S.E.2d 226 (1994). Allenbrand's eventual acquittal on the charge of failure to maintain lane is equally irrelevant in considering whether the officer had probable cause to stop Allenbrand at the time he observed his vehicle weaving within his lane and eventually crossing the line. Allenbrand's explanation at trial that his vehicle was weaving because the tires and steering were defective is also of no consequence in determining probable cause. 1 The trial court did not err in denying Allenbrand's motion to suppress on this ground.
2. Allenbrand, relying on State v. Leviner, 213 Ga.App. 99, 443 S.E.2d 688 (1994), contends the trial court improperly admitted evidence of his refusal to submit to a State administered breath test. The trial court in a well-reasoned order correctly rejected this contention. Unlike Leviner, Allenbrand did not tell the officer he did not understand the implied consent warnings, and presented no evidence at trial that he did not understand them. 2 Instead, he immediately told the officer that "attorneys in the past had advised him never to take the breath test." As the trial court observed in its order, "[b]y following this advice of counsel in refusing to take the State's breath test ... [Allenbrand] knowingly, and understandingly, waived his rights under the Implied Consent laws, and admitting his refusal to take the State's test was proper." By his own statement, Allenbrand demonstrated he was not deprived of an opportunity to make an informed choice; he had already made his choice based on the advice of counsel.
3. Allenbrand's reliance on State v. Coleman, 216 Ga.App. 598, 455 S.E.2d 604 (1995), is similarly misplaced. While he contends the...
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Walker v. State
...to have a valid stop or search." McCollins v. State, 798 So.2d 624, 628 (Miss.Ct.App.2001). See also Allenbrand v. State, 217 Ga.App. 609, 610, 458 S.E.2d 382, 383-84 (1995) (citing Hines v. State, 214 Ga.App. 476, 477-78, 448 S.E.2d 226, 228 (1994)) ("Whether a citation is issued is `of no......
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Amica v. the State.
...only those grounds ruled upon by the trial court in deciding a motion to suppress”) (punctuation omitted); Allenbrand v. State, 217 Ga.App. 609, 611(4), 458 S.E.2d 382 (1995) ( “Defendant's attempt to raise on appeal arguments which were not raised during the motion to suppress or at trial ......
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Smith v. State, A98A2280.
...350, 352-353(2), 477 S.E.2d 635 (1996). The trial court did not err in denying Smith's motion to suppress. See Allenbrand v. State, 217 Ga.App. 609, 610(1), 458 S.E.2d 382 (1995). 2. Smith claims the trial court erred in denying his motion to suppress evidence obtained at the scene because ......