Bostic v. the State
332 Ga. App. 604
Ga. Ct. App.2015Background
- Talbott observed Bostic's license plate obscured by a frame and stopped the vehicle.
- Bostic admitted drinking a beer about an hour earlier and that his license was suspended from a prior DUI.
- Bostic exited the car, walked to the patrol car, and an alco-sensor test indicated the presence of alcohol.
- Talbott arrested Bostic for DUI less safe and read the implied-consent notice before Bostic submitted to a breath test showing a BAC over the legal limit.
- Bostic challenged the suppression of the breath-test results, arguing no probable cause to arrest for DUI; the trial court denied the motion.
- The appellate court reviews de novo the legal sufficiency of the facts for probable cause since there are no material disputes.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there probable cause to arrest for DUI less safe? | Bostic asserts lack of probable cause for DUI arrest. | Talbott relied on beer admission, eyes, and alco-sensor result to support probable cause. | Probable cause lacking; reversed. |
Key Cases Cited
- Handley v. State, 294 Ga. App. 236 (2008) (presence of alcohol alone not enough for probable cause)
- State v. Ellison, 271 Ga. App. 898 (2005) (alcohol presence does not prove impairment for DUI arrest)
- Damato, 302 Ga. App. 181 (2010) (smell of alcohol and alcohol on breath insufficient for probable cause)
- Ojemuyiwa v. State, 285 Ga. App. 617 (2007) (no driving evidence to support DUI arrest despite alcohol findings)
- Armour v. State, 315 Ga. App. 745 (2012) (probable cause where multiple indicators of impairment observed)
- Williams v. State, 318 Ga. App. 715 (2012) (de novo review of probable-cause determinations)