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Dunn v. State

Evidence that the defendant's truck was traveling at low rate of speed, approximately 25-30 m.p.h., on an interstate highway with a minimum posted speed limit of 40 m.p.h., supported defendant's conviction for impeding the flow of traffic.

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Julian Dunn appeals from his convictions for attempting to manufacture methamphetamine, conspiracy to manufacture methamphetamine, possession of methamphetamine, and impeding the flow of traffic. Dunn contends that insufficient evidence supports his conviction for impeding traffic flow and that the trial court erred by denying his motion to suppress and failing to give a specific venue charge to the jury. For the reasons set forth below, we affirm. 1. When “reviewing a trial court’s ruling on a motion to suppress, evidence is construed most favorably to uphold the findings and judgment. The court’s findings of fact will not be disturbed if there is any evidence to support them. We consider evidence from both the motion to suppress hearing and the trial.” Citations, punctuation and footnote omitted. Hicks v. State , 287 Ga. App. 105 650 SE2d 767 2007.

So viewed, the record shows that a Georgia State Trooper saw Dunn driving a truck in the far right lane of I-75 at approximately 25 to 30 m.p.h. When the trooper pulled his car beside Dunn’s truck to determine if there was “some type of problem,” Dunn pulled off the interstate and stopped in the outside emergency lane. The trooper stopped and parked his car in the median, because traffic was backed up too much for him to pull behind Dunn. The trooper did not activate his blue lights before Dunn pulled over and stopped.

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