State v. Sanders

In State v. Sanders, 274 Ga. App. 393 (617 SE2d 633) (2005), the evidence showed that the officer improperly administered a field sobriety test; "that it had 'been awhile' since he had administered the test; and that Sanders was cooperative, did not have trouble exiting his vehicle, and did not have slurred speech." Sanders, supra, 274 Ga. App. at 397. The trial court then concluded that there was "no affirmative testimony or evidence that Sanders was . . . impaired." Id. at 394. The Court in Sanders stated that "in granting Sanders's motion to suppress, the trial court obviously rejected any inference that Sanders was a less-safe driver, thus raising a credibility issue," and that therefore the de novo standard of review is inapplicable. Id. at 394 n.5.