IN THE MUNICIPAL COURT FOR THE CITY OF VALDOSTA

STATE OF GEORGIA

2012 OCT 26 Ph 12: 59

FiLEQ/CtfY OF VALDOSTA

dL

CITY OF VALDOSTA,
vs.

S lAtt- 'I' -j-iIO^cj.-.

DOCKET NO.: A281982

CHARGES: DUI, RECKLESS DRIVING AND DEFECTIVE EQUIPMENT

Defendant.

ORDER

Defendant HHHBMS having argued Motions in Limine and to Suppress evidence

resulting from a September 10, 2010 traffic stop, and a hearing having been held and all the

record having been considered, including a review ofthe video-tape (City's Exhibit #7^, it is hereby ORDERED that said motions are DENIED IN PART AND GRANTED IN PART
based on the below findings of fact and conclusions of law.
FINDINGS OF FACT
1.

On direct examination, Officer Travis Phinney ofthe Valdosta Police Department

testified as follows: 1) he is a post certified officer; 2) he isemployed with the Valdosta Police

Department; 3) on September 10,2010, he received areport ofshots fired outside a club; 4)the shots reportedly came from a silver truck; 5) the officer was inthe 2200 block ofBemiss Road in
Valdosta, Georgia atapproximately 1:55 a.m. when he heard the engine and throttle ofa silver

truck approaching him; 6) he made a visual estimate that the silver truck, which was travelling at
a high rate ofspeed, was travelling approximately 70 miles per hour ina 35 miles per hour speed