A Peachtree

City woman is appealing her DUI conviction from municipal court, claiming

the arrest was illegal because the officer didn't have probable cause

to conduct a traffic stop.

Marjorie Swart,

40, said in court documents that she was not in violation of regulations

requiring vehicles to stay in the traffic lane. Based on that viewpoint,

Swart alleged that the arrest was illegal.

In ruling Swart

guilty after her Sept. 5 trial, Judge Mitchell Powell said Swart's vehicle

touched the white line at the border of the road at least twice, according

to a video of the incident and the officer's testimony. Because of that,

the officer had probable cause to stop Swart, Powell wrote in an order

handing down his verdict.

According to

the citation, Swart registered a .121 blood alcohol concentration on a

breathalyzer machine at the police department after she was arrested in

late March. Powell also noted in his written decision that Swart told

the arresting officer that she had three alcoholic beverages before driving.

Swart was sentenced

to 24 hours in jail and a $1,172 fine for the DUI charge. She only received

40 hours community service for the failure to maintain lane charge, however.

Swart claims

that the officer misinformed her when she asked about the penalty for

declining to take an alcohol test when requested by a police officer.

She also claimed that a videotape of her in the booking room of the department

was destroyed, but City Attorney Rick Lindsey informed the court that

the department typically recycles those tapes according to its standard

operations, instead of preserving them.

Swart represented

herself during the initial trial, but for her appeal she is represented

Fayette County Superior Court.

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