Westee v. State

Court of Appeals of Georgia

Westee v. State

413 S.E.2d 266, 201 Ga. App. 802, 1991 Ga. App. LEXIS 1615

CourtCourt of Appeals of Georgia

DecidedOctober 28, 1991

DocketA91A1798

StatusPublished

Cited by2 cases

This text of 413 S.E.2d 266 (Westee v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Westee v. State, 413 S.E.2d 266, 201 Ga. App. 802, 1991 Ga. App. LEXIS 1615 (Ga. Ct. App. 1991).

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Opinion

McMurray, Presiding Judge.

Defendant was charged, via Georgia uniform traffic citation, with speeding in that he was detected by radar traveling 73 mph in a 55 mph zone. The case was tried in the Probate Court of Bartow County and defendant was found guilty of the offense charged. Defendant appealed to the superior court and the decision of the probate court was affirmed. This appeal followed. Held:

1. Defendant challenges the sufficiency of the evidence and argues that the State failed to present the necessary foundation to support the radar test results. We agree.

In Wiggins v. State, 249 Ga. 302, 304 (2) (290 SE2d 427), the Supreme Court enumerates five elements “the General Assembly has imposed upon the admissibility of evidence of speed gained by a state law enforcement officer through use of a radar speed detection device.” Id. at 304 (2). In the case sub judice, the State failed to present evidence of at least one of these five essential elements. Consequently, there is no competent evidence to prove that defendant is guilty, beyond a reasonable doubt, of traveling 73 mph in a 55 mph zone. See OCGA § 40-6-181 (b).

2. It is unnecessary to address the remaining enumerations of error.

Judgment reversed.

Sognier, C. J., and Andrews, J., concur. [803]*803Decided October 28, 1991 Reconsideration denied November 14, 1991. Philip L. Westee, pro se. Darrell E. Wilson, District Attorney, for appellee.

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McMurray, Presiding Judge.

Defendant was charged, via Georgia uniform traffic citation, with speeding in that he was detected by radar traveling 73 mph in a 55 mph zone. The case was tried in the Probate Court of Bartow County and defendant was found guilty of the offense charged. Defendant appealed to the superior court and the decision of the probate court was affirmed. This appeal followed. Held:

1. Defendant challenges the sufficiency of the evidence and argues that the State failed to present the necessary foundation to support the radar test results. We agree.

In Wiggins v. State, 249 Ga. 302, 304 (2) (290 SE2d 427), the Supreme Court enumerates five elements “the General Assembly has imposed upon the admissibility of evidence of speed gained by a state law enforcement officer through use of a radar speed detection device.” Id. at 304 (2). In the case sub judice, the State failed to present evidence of at least one of these five essential elements. Consequently, there is no competent evidence to prove that defendant is guilty, beyond a reasonable doubt, of traveling 73 mph in a 55 mph zone. See OCGA § 40-6-181 (b).

2. It is unnecessary to address the remaining enumerations of error.

Judgment reversed.

Sognier, C. J., and Andrews, J., concur. [803]*803Decided October 28, 1991 Reconsideration denied November 14, 1991. Philip L. Westee, pro se. Darrell E. Wilson, District Attorney, for appellee.

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413 S.E.2d 266, 201 Ga. App. 802, 1991 Ga. App. LEXIS 1615, Counsel Stack Legal Research, https://law.counselstack.com/opinion/westee-v-state-gactapp-1991.

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