Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

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.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

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.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

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

LEARN MORE

More From ALM

Premium Subscription
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
Team Accounts
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
Bundle Subscriptions
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
Go to CLE Center
Southeastern Legal Awards 2025
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
Complex Claims & Litigation Forum 2025
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
Legalweek Leaders in Tech Law Awards 2025
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More
Go to Events Go to Webcasts
Legal Counsel

Title: Legal Counsel Reports to: Chief Executive Officer (CEO) FLSA Status: Exempt, Full Time Supervisory Responsibility: N/A Location: Remo...


Apply Now ›
Associate Position

Blume Forte Fried Zerres and Molinari 1 Main Street Chatham, NJ 07945Prominent Morris County Law Firm with a state-wide personal injury prac...


Apply Now ›
ASSOCIATE ATTORNEY DEFENSE LITIGATION

d Arcambal Ousley & Cuyler Burk, LLP, a well-established women-owned litigation firm, has an opening in our Parsippany, NJ office. We of...


Apply Now ›
Go to Lawjobs