GA 40-6-16 - GA 40-6-16

JUDICIAL DECISIONS Violation of statute warranted investigative stop. - Because the defendant's apparent violation of O.C.G.A. § 40-6-16(a) (now subsection (b)) gave the investigating officer a reasonable and articulable suspicion to stop the defendant and inquire further, the trial court erred in granting the defendant's motion to suppress a refusal to take a breath test in connection with DUI charges; moreover, the trial court erroneously concluded that the defendant could have had an innocent explanation for a last-minute swerve to avoid hitting the officer's patrol car as the issue went to the question of guilt or innocence and was not the dispositive question on a motion to suppress. State v. Rheinlander, 286 Ga. App. 625 , 649 S.E.2d 828 (2007). Evidence sufficient for conviction. - ...