Following a bench trial at which he stipulated to the evidence presented at the motion to suppress hearing, William David Jones was convicted of DUI-less safe, DUI-per se, and driving without a license on his person. The trial court denied his motion for new trial, and on appeal Jones contends that the trial court erred in denying his motion to suppress because the police lacked articulable suspicion or probable cause to stop his vehicle. Following our review, we affirm. Because the trial court sits as the trier of fact when ruling on a motion to suppress or a motion in limine, its findings based upon conflicting evidence are analogous to a jury verdict and should not be disturbed by a reviewing court if there is any evidence to support them. When we review a trial court’s decision on such motions to exclude evidence, we construe the evidence most favorably to uphold the findings and judgment, and we adopt the trial court’s findings on disputed facts and credibility unless they are clearly erroneous. When the evidence is uncontroverted and no question of witness credibility is presented, the trial court’s application of the law to undisputed facts is subject to de novo appellate review. With mixed questions of fact and law, the appellate court accepts the trial court’s findings on disputed facts and witness credibility unless clearly erroneous, but independently applies the legal principles to the facts. Citations and punctuation omitted. State v. Tousley , 271 Ga. App. 874 611 SE2d 139 2005. Viewed in this light, the evidence at the motion to suppress hearing reflects that at approximately 12:22 a. m., Dawson County sheriff’s deputies were dispatched to a residence after receiving a 911 call about a domestic disturbance. The caller gave his name and address, and reported that the fight was from the residence “to the right of” 131 Concord Drive. While the deputies were en route to the scene, the dispatcher informed them that the neighbor had called back and reported that shots had been fired. When the first deputies arrived at approximately 12:29 a.m., one of them observed a truck pulling out of a driveway, and radioed that the “vehicle is pulling out of the driveway.”
Another responding deputy who was in the neighborhood observed a truck from about 500 to 600 feet away pulling out of a driveway. The deputy testified that, although he did not verify that the truck was leaving the driveway of the address at issue, there were no other vehicles pulling out of driveways in the vicinity.
