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SMITH v. STATE

No. A05A1788.

625 S.E.2d 497 (2005)

277 Ga. App. 81

SMITH v. The STATE.

Court of Appeals of Georgia.

December 19, 2005.

Attorney(s) appearing for the Case

Gregory W. Holt, Warner Robins, for appellant.

Denise D. Fachini, District Attorney, Jana M. Bruner, Assistant District Attorney, for appellee.

PHIPPS, Judge.

Following a bench trial in which he was found guilty of driving under the influence, speeding, and possessing an open container of alcohol, Danny Smith, Sr. appeals the trial court's denial of his motion to suppress the results of a breath test. For the reasons outlined below, we affirm.

We must abide by the following three principles when reviewing a trial court's order concerning a motion to suppress evidence:

First, the judge sits...

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