Casey v. State
Casey v. State
Opinion of the Court
Calen Casey was convicted of speeding. He appeals, arguing that his conviction should be overturned on the ground that the trial court erroneously admitted the results of a laser speed detection device because there is no evidence that the Georgia State Patrol has a license in compliance with the Federal Communications Commission.
The Georgia State Trooper who cited Casey for speeding testified that he had been certified in both laser and radar speed detection and that he had been trained to make a visual estimate of a vehicle’s speed before checking the speed with a detection device. He said that on April 22, 2001, he was checking northbound traffic on Interstate
Moreover, Casey himself admitted during the trial that he had been speeding. He testified that prior to being stopped he had been traveling at a speed of 85 mph. But he claimed not to know how fast he was going at the time the trooper checked him with the laser device.
“Opinion testimony of an eyewitness may be used to establish speed, its credibility being for the jury to determine, and such evidence is sufficient to authorize a jury to conclude that the speeding laws have been violated.”
Judgment affirmed.
OCGA § 40-14-4 provides: “No state, county, municipal, or campus law enforcement agency may use speed detection devices unless the agency possesses a license in compliance with Federal Communications Commission rules. . . .”
Compare Izer v. State, 236 Ga. App. 282, 284 (511 SE2d 625) (1999) (conviction reversed because erroneously admitted laser speed detection evidence was only evidence supporting speeding conviction).
(Citations and punctuation omitted.) Nairon v. State, 215 Ga. App. 76, 78-79 (3) (449 SE2d 634) (1994).
See Jackson v. State, 223 Ga. App. 27, 28-29 (2) (477 SE2d 28) (1996); Nairon, supra.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.