A jury found Joseph Mitwalli Ahmad guilty of trafficking in methamphetamine; trafficking in 3, 4 methylenedioxymethamphetamine also known as ecstasy; possession of ecstasy; possession of methamphetamine; violation of the Georgia Controlled Substances Act for possessing trifluoromethylphenyl, piperazine, and benzylypiperazine; driving with a suspended license; and driving with no insurance. On appeal, Ahmad contends the trial court erred by denying his motion to suppress, failing to give his requested charge on the defense of mistake of fact, and sentencing him separately for trafficking in methamphetamine and trafficking in ecstasy. Finding no error, we affirm. 1. Ahmad contends the trial court erred by denying his motion to suppress because it was not reasonably necessary to impound his vehicle and the resulting inventory search was unlawful. We disagree. While the trial court’s findings as to disputed facts in a ruling on a motion to suppress will be reviewed to determine whether the ruling was clearly erroneous, where the evidence is uncontroverted and no question regarding the credibility of witnesses is presented, the trial court’s application of the law to undisputed facts is subject to de novo appellate review.1 Ahmad and the state agree that the evidence is uncontroverted and no question regarding the credibility of witnesses is presented; as such, this court will review the trial court’s application of the law to the undisputed facts de novo.
The evidence shows that as the arresting officer was talking to the driver Ahmad’s wife of a car stopped for a tag violation, Ahmad parked his car in a nearby parking lot and approached the officer on foot. The officer who, prior to the stop, had telephoned the dispatcher and confirmed Ahmad’s license was suspended advised Ahmad that his license was suspended, and asked him why he was driving with a suspended license. Ahmad was unable to produce a driver’s license and was placed under arrest. Having obtained information from the Georgia Crime Information Center that neither vehicle had insurance coverage, the officer requested officer assistance to conduct inventory searches of the vehicles for impound. Before searching Ahmad’s vehicle, however, the officer asked Ahmad whether he had a preference regarding a wrecker service; Ahmad replied that it did not matter. A search of Ahmad’s vehicle revealed a bag of pills, a bottle of pills, and $427 in cash.
