IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
OF THE STATE OF
ROBERT BRUCE SPENCE, JR.
Appellant,
v. Appeal No. CRC 04-00003 APANO
UCN522004AP000003XXXXCR
STATE OF
Appellee.
______________________________/
Opinion filed ________________.
Appeal from a judgment and sentence
entered by the Pinellas County Court
County Judge Shawn Crane
J. Kevin Hayslett, Esq.
Attorney for appellant
Joseph Werner, Esq.
Assistant State Attorney
THIS MATTER is before the Court on Robert Spence’s appeal from a decision of the Pinellas County Court denying his motion to suppress. The defendant pleaded no contest to DUI charges, reserving his right to appeal the denial of his motion to suppress. After reviewing the briefs and record, this Court affirms the decision of the trial court.
The defendant argues that the police had no valid reason to stop his vehicle. The defendant’s brief states that the sole reason for the stop was that the defendant slammed on his brakes as he approached an intersection and began to swerve within his lane. A review of the State’s brief and the record, however, reveal that there were more facts. It is unclear why defense counsel chose not to address these facts.
The record shows that two deputies were in separate patrol cars talking to each other out of their windows when they heard the revving of the defendant’s engine and observed the defendant’s vehicle speeding. The deputies, who had experience and training in such matters, estimated the speed at about fifty to fifty-five miles per hour, close to thirty miles over the speed limit. The deputies watched as the defendant approached them. One of the deputies testified that he thought the defendant’s vehicle was going to hit one of the patrol cars as it went right by them. The defendant slammed on his brakes --- causing his tires to screech, the front end of his vehicle to dip down, and his vehicle to swerve. One of the deputies testified that the defendant came to an abrupt stop beyond the stoplight.
Clearly,
under these facts the deputies were justified in making the stop. If the police
have probable cause to believe that a traffic infraction has occurred, they may
make a traffic stop. State v. Kindle, 782 So.2d 971 (
IT IS THEREFORE ORDERED that the judgment and sentence are affirmed.
DONE
AND ORDERED in Chambers at
_______________________
James R. Case
Circuit Judge
______________________
Nancy Moate Ley
Circuit Judge
________________________
John A. Schaefer
Circuit Judge
cc: State Attorney
Judge Crane
J. Kevin Hayslett, Esq.