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Spence v. State

The trial court should have quashed the charge of attempting to elude an officer where state did not allege in the accusation that defendant was eluding an officer or police vehicle when he failed to stop in response to visual or audible signals, did not specify the signals given and did not allege that the signals were given by police.

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Demetris Spence appeals after he was convicted of possession of marijuana, driving without a valid license, operating a vehicle without insurance, failure to obey a traffic control device and fleeing and attempting to elude. The evidence shows that on July 25, 2001, at approximately 11 a.m., three officers from the LaGrange Police Department were conducting a license check. When Spence approached the checkpoint, the officers signaled for him to stop, but he kept driving. As he approached a stop sign, the officers got into their police cars to follow him. Spence ran the stop sign and turned left before the officers were able to stop him. When police asked for Spence’s license and proof of insurance, he responded that he had no license and the car was not insured. After the officers handcuffed Spence, at least one officer observed him adjusting his pants and “messing around with his waistline.” Then the officer saw him throw a few articles on the ground and went to search the area. The officer subsequently retrieved four small bags containing a substance, which was later identified as marijuana, from the area where Spence had been standing.

1. Spence asserts that there was insufficient evidence to support his conviction of no insurance because he presented evidence at trial demonstrating that the car he was driving was insured at the time of his arrest. Spence was charged with operating a vehicle without insurance under OCGA § 40-6-10 b, which provides that a person who knowingly operates a motor vehicle without effective insurance on such vehicle is guilty of a misdemeanor.

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