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State v. Holt

The approximately 50-minute delay between when the DUI defendant first appeared on the responding officer's patrol car-mounted video and when a second officer, who was later called to the scene, completed his investigation of her, was reasonable under the circumstances.

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The State of Georgia appeals the trial court’s order granting, in part, Jamie Sue Holt’s motion to suppress evidence derived following her detention in Cherokee County for suspicion of driving under the influence of alcohol. For the reasons set forth below, we conclude that the trial court erred in suppressing the evidence and reverse.

On appeal from a ruling on a motion to suppress, we defer to the trial court’s factual findings and credibility determinations, but review de novo the court’s application of the law to the undisputed facts. Footnote omitted. State v. Mosley, 321 Ga. App. 236 739 SE2d 106 2013. See also Hughes v. State, 296 Ga. 744, 746 1 770 SE2d 636 2015 When the facts material to a motion to suppress are disputed, it generally is for the trial judge to resolve those disputes and determine the material facts.. Although we defer to the trial court’s findings of fact and its determination of credibility, where controlling facts are not in dispute, such as those facts discernible from a videotape, our review is de novo. Citation, punctuation, and footnote omitted. Boyd v. State, 315 Ga. App. 256, 257 1 726 SE2d 746 2012.

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