X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

After a bench trial, Michael Hawkins was found guilty of failing to obey a traffic control device in violation of OCGA § 40-6-20. On appeal, Hawkins contends that the trial court erred in failing to direct a verdict of acquittal on the ground that the Kennesaw State University Police Department officer who ticketed him did not have authority to enforce the traffic laws on Georgia’s public roads. Hawkins also contends that the trial court erred in allowing the prosecutor to ask him if he was calling a police officer a liar. Finding no error, we affirm. Viewed in a light favorable to the verdict,1 the evidence reveals that on August 23, 2005 Michael Hawkins drove his vehicle into a turn lane on Chastain Road eastbound, preparing to turn left onto Frey Road heading northbound. Officer Goode of the Cobb County Police Department, who was on a motorcycle directly behind Hawkins’ vehicle at the intersection, testified that after the traffic light turned red, Hawkins entered the intersection and attempted to turn left. Hawkins’ vehicle was then struck by a vehicle driving westbound on Chastain Road. Shortly after the collision, Officer Washington of the Kennesaw State University Police Department arrived on the scene to investigate. After interviewing witnesses, he issued citations to both Hawkins and the driver who collided with him for failing to obey a traffic control device. At trial, when asked how close the intersection was to the university, Officer Washington replied, “it borders the University.”

1. Hawkins contends that the trial court erred in failing to direct a verdict of acquittal on the ground that Officer Washington did not have authority to enforce the law on public roads of this State. On appeal from a bench trial, we review the evidence in a light most favorable to the trial court’s ruling.2 We will uphold a trial court’s decision not to direct a verdict of acquittal if there is any evidence to support it,3 and we will not overturn its ruling regarding which questions to allow during cross-examination unless there has been an abuse of discretion.4

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
November 07, 2024
Orlando, FL

This event shines a spotlight on the individuals, teams, projects and organizations that are changing the financial industry.


Learn More
November 06, 2024 - November 07, 2024
Orlando, FL

BTI provides leading tax professionals from financial institutions with unmatched tools and resources.


Learn More
November 13, 2024
New York, NY

Honoring outstanding legal achievements focused at the national level, largely around Big Law and in-house departments.


Learn More

Our client, a small but highly sophisticated and entrepreneurial tax boutique in Charleston, SC, has asked for our firm s assistance in iden...


Apply Now ›

CORE RESPONSIBILITIES AND TASKS:(1) Tasks and responsibilities include:Reviewing and negotiating commercial agreements for internal business...


Apply Now ›

Boutique midtown Manhattan law firm specializing in sophisticated real estate litigation & representation of commercial and residential ...


Apply Now ›