State v. Zeth
320 Ga. App. 140
| Ga. Ct. App. | 2013Background
- Hazel Zeth was charged with DUI offenses including BAC > .08, unsafe driving, open container, and failure to maintain lane.
- Zeth moved to suppress evidence; trial court granted due to lack of reasonable suspicion for the stop.
- State appealed, arguing the stop was supported by reasonable suspicion and/or a traffic violation.
- Appellate standard requires affirming trial court findings if supported by evidence, with de novo review of law.
- On July 14, 2010, Zeth veered onto the left side of the road while negotiating a curve; Officer Owens observed this and stopped her.
- Driving on the wrong side of the road constitutes a traffic offense; officer’s stop was therefore authorized.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the traffic stop supported by reasonable suspicion? | State | Zeth | Yes; stop supported by reasonable suspicion |
| Does driving on the wrong side of the road justify a stop even without a clearly marked lane? | State | Zeth | Yes; officer could stop for a traffic offense |
Key Cases Cited
- Parker v. State, 317 Ga. App. 93 (Ga. App. 2012) (traffic-stop justification under totality of circumstances)
- Dunbar v. State, 283 Ga. App. 872 (Ga. App. 2007) (driving on wrong side as basis for reasonable suspicion)
- State v. Bute, 250 Ga. App. 479 (Ga. App. 2001) (officer authorized to stop for apparent traffic violation)
- State v. Calhoun, 255 Ga. App. 753 (Ga. App. 2002) (reasonable, articulable suspicion may arise even without per se violation)
- Armstrong, State v. Armstrong, 223 Ga. App. 350 (Ga. App. 1996) (officer may stop for an unlawful act believed to be committed)
- Davis v. State, 303 Ga. App. 785 (Ga. App. 2010) (standard of appellate review for suppression rulings)