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Haynes-Turner v. State

The states accusations for improper passing were not fatally defective.

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Charles Haynes-Turner, Vincent Germaine, and Gary Williams appeal their misdemeanor convictions for improper passing, arguing that the state’s accusations were fatally defective. We find no merit in appellants’ argument and affirm. On June 4, 2006, a trooper with the Georgia State Patrol observed Haynes-Turner, Germaine, Williams and four other individuals driving motorcycles on the interstate “at an extremely high rate of speed.” As the trooper activated his blue lights and siren and began pursuing the motorcycles, three of the drivers slowed down and heeded the trooper, but the appellants and a fourth individual accelerated and attempted to elude him. The trooper chose to continue after the four fleeing motorcycles and, in so doing, reached speeds in excess of 115 miles per hour.

At some point, the motorcycles exited the interstate and the fourth driver fled in a direction different from the appellants. The trooper continued to pursue the appellants, whose speed got as high as 120 miles per hour, despite the 45 and 55 mile per hour posted speed limits. Twice during the chase, the appellants crossed over double yellow barrier lines in no passing zones in order to pass other vehicles. When it began to rain, the appellants slowed to speeds of 85 to 90 miles per hour. The pursuit eventually ended when the trooper and additional law enforcement officers successfully blocked the road. The entire chase was captured on the trooper’s vehicle-mounted video camera and was watched by the jury.

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