From Casetext: Smarter Legal Research

Royston v. State

Court of Appeals of Georgia
Apr 8, 1983
304 S.E.2d 732 (Ga. Ct. App. 1983)

Opinion

65526.

DECIDED APRIL 8, 1983. REHEARING DENIED APRIL 25, 1983.

Speeding. Clarke State Court. Before Judge Pittard.

William C. Head, for appellant.

Ken Stula, Solicitor, for appellee.


Appellant was convicted of speeding based upon evidence obtained by a speed detecting device employed by the City of Athens police department. On appeal, she attacks her conviction by asserting that the evidence of her speeding was inadmissible because the City of Athens was not in total literal compliance with the following requirements of OCGA § 40-14-6 (Code Ann. § 68-2105): "Each county and municipality using speed detection devices shall erect signs on every highway which comprises a part of the state highway system at that point on the highway which intersects the corporate limits of the municipality or the county boundary." (Emphasis supplied.) This argument was advanced and rejected in Ferguson v. State, 163 Ga. App. 171 (1) ( 292 S.E.2d 87) (1982). "[W]e are unwilling to hold that incomplete compliance with [OCGA § 40-14-6] requires exclusion of evidence gathered by use of a speed detection device. We hold, therefore, that the trial court did not err in denying appellant's motion for a directed verdict." Ferguson v. State, supra at 172.

Judgment affirmed. Deen, P. J., and Banke, J., concur.

DECIDED APRIL 8, 1983 — REHEARING DENIED APRIL 25, 1983 — CERT. APPLIED FOR.


Summaries of

Royston v. State

Court of Appeals of Georgia
Apr 8, 1983
304 S.E.2d 732 (Ga. Ct. App. 1983)
Case details for

Royston v. State

Case Details

Full title:ROYSTON v. THE STATE

Court:Court of Appeals of Georgia

Date published: Apr 8, 1983

Citations

304 S.E.2d 732 (Ga. Ct. App. 1983)
304 S.E.2d 732

Citing Cases

State v. Vickery

Ferguson v. State, 163 Ga. App. 171 (1) ( 292 S.E.2d 87) (1982). See also Royston v. State, 166 Ga. App. 386…

Hardaway v. State

This court has held that less than "total literal compliance" with OCGA § 40-14-6 (requiring warning signs…