What is An Illegal Stop (or Bad Arrest) by An Officer?
In DUI cases, probable cause means there is some evidence of (a) driving and (b) impairment due to alcohol or drugs. Probable cause is not satisfied by a mere traffic accident plus the odor of alcohol. Neither is probable cause satisfied where there is a mere admission of drinking (there must be some evidence of excessive drinking). And finally, in DUI cases, there must be some evidence of real driving impairment by alcohol or drugs. See, Goode 298 Ga. App. 749 (2010); Burke 298 Ga. App. 621 (2010); Damoto 302 Ga. App. 181 (2010); Encinas 302 Ga. App. 334 (2010).
In DUI cases, any evidence seized during illegal detention (stop) and/or any statement made by the driver during illegal detention must be suppressed (excluded) from any hearing or trial of the DUI.